Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1878-09-28
OLIVER HEBERTS MURDER.
EXAMINATION OF THE SUP.
POSED ASSASSIN.

The Wife Of the Deceased Prob.
ably Implicated 1.-The Prisoner
Anxious That "She''jShould Net
Suffer.
The examination of John Whitney,
charged with the murder Of Oliver
Hebert, about four miles from Silver.
ton, Oregon, took place at Salem, d
few days ago. The evidence elici-
ted at the examination seems conclu-
sive as to the guilt of the accused.
We reprint the most important part
of It from the Oregon Statesman Of
the Goth, as follows:
Lemuel Walker the first witness
sworn, testified as to meeting a
man leadiDga horse on the evening
of the murder while going to the
scene of the crime. The man met
was about three hundred yards from
where Hebert's body was found; he
was coming across a field leading
from Silver creek canyon; The wit
ness hailed the man twice before
getting an answer; the reply was,
81 am stranger looking for a log
ging camp| the witness then de-
scribed by plat the locality of the
murder and the course that the horse
and man travelled was tracked back
through the field to a point about
$50 yards from where the body was
found where the horse had been
tied and fed, he described the tracks
of the horse and man; found
paper sack with remains of lunch
near where the horse was fed; lives
about two and half miles from the
scene of the murder; nearest house
to the scene of the murder about
one mile.
DR.. Richard Sanford saw the body
at the coroner's inquest at Silverton
and examined it professionally /;
found three wounds, one in the back
Of his neck made by a bullet; one
under his right jaw where the mis-
sile came out, and confused wound
over the left eye; traced the course
of the ball; it had cut the vertebra
and had also severed the jugular
vein; death caused by the wound
was probably instantaneous think
about a half-ounce ball made the
wound.
II. S. Reed visited the locality of
the murder with party of several
persons; witness described position
of the body as it was found after the
fatal shot; arrested the prisoner, as
sisted by two other men, on the
morning after the finding of the
body, arrested him, at his whit
ney's) barn about four O'Clock; met
him and told him to throw up his
hands; prisoner seemed surprised I;
was told to consider himself under
arrest; examined his person and
found a seven shooter and a small
dirk knife; prisoner after few mo-
ments asked what he was arrested
for; upon being told, smiled and
said: "If that is all, that's all right,
l can get out of that" when told
that it was by means Of his horse
that he was traced, he seemed both.
cred and remarked that his horse
was like other horses as to color and
size said that he had been toward
Salem and had seen but one person
since he had gone; that he would
spend the rest of his Gays in prison
before SHE should suffer; He
bert's house is five hundred yards
from Whitney's house; went to He
bert's house first before arresting the
prisoner; knocked at the door; Mrs.
Hebert answered by asking: SIS
that you, Watkins9" door was open.
ed; Mrs. II. asked what was the
matter, and was informed of the
killing of husband; Mrs. Watkins
was at the house; Watkins was sent
the night previous to look for He
bert; Mrs. Watkins stated, upon in
Iuhys th"t thC piiSohCi Hou utcu
there the night before and told them
that he was going to Stayton in the
morning; witness stated that he had
tracked running horse from near
the scene of the murder, some seven
miles until he met Mr.. Gerkin
and another man who had started
to find Hebert, when he received in
formation that led to the arrest
of Whitney; shortly after the arrest
of Whitney, and while at his house
met man by the name of Willis,
who came suddenly into their midst;
did not know where he came from |,
brought prisoner to Silverton and
delivered him to Squire Lewis.
j. r. Cooper took shoes from
Whitney's horse and compared them
with tracks in the field; they fitted
exactly; also measured foot track of
Tho M N with fha hnrea opd comma