The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1880-01-16
lEOR Hls LIEEI
4HE TRIAL OF TIsANR REIn ron Tirf
KILLixG OS JAMES ssar0ss.
t1iil Rcp.iri of tIte Ps6reedinsa.

tiio circuit e9ngt, Jadgdi y. III. Harding pro,
siding. Tho case oxcitcs considcrablo inter.
est IN Tho public mind, and tho rcourt house
was densoly packed with pn attentive au.
dicnee. The array Of witnohses is forinida.
bic, Good legal talent arc engaged on both
ddeg, and from the determination and teiiac.
| ity With which they conduct thoir sides, q
strong eight viii bc made. Aicssru, Powell
4 Bilysil Finn & Chamberlain, T. NJ.
Miller,,of Lebanon, and Prosecuting Attor.
noy Whitney appearing for the state, while
tho defense was represented by Moshrs.
strahan & Bilyeu, Humphrey & Wolyerton,
". G. Rwuott, and G. H. Hewitt
a. soon a. tho ease was called Judge
shahan desired The appointment Of short
baud reporter 70 take down Che evidence.
To this tho prosecution objected. 10 far as 70
tho payment Of said reporter by the state.
The court refusing the appointment Judge
strahan then stated that hc desired tho
rulings Of the court to be given in writing.
lle empannqlling Of the Jury then took
flaqc, Jas, Paul was the iirbt one called,
and waa accepted. ", +. Payne, having a
pFCjudine that would influence his verdict,
w9s, exspped BY the court; Philip Swank,
aeegpted ); ThoA Griffith and, IL. G. Powell,
excused by tho defense; A. J.. gilyeu. nc
eoptedi. 4. I. Bprkbart was submitted by
tho defense 10 tho court and excnsed u. IT,.
Allen. excused for illneas: Horace Farrell,
ao0olted by the defense aud challenged by
The prosecution; B,,w. Cooper waa accepted
10y deiaisao, but having scruplea about capital
punishment, vas submitted by tho probecu'
tion ~ the edhIt and excused Isaac Hayes,
aeecptsd John Houston was subinitted by
tiin prosecution n the court and excused l..
e. llarfrr, having formed atrong opinion.
waa excused by the court Wm. Mccoy, on
account II having formed aa opinion. was
excusod by the defense j. +, Schooling.
challenged by the defsnag Jacob kecs. ellal-
lcngsd by the dcicitss; Marion Cunningham.
accepted David Myers, owing 10 u pendlng
eaao ia MaFian c0uhty requiring his attend
dance, was cxrassd Tor the term /; John Curl.
accepted y. II. Holt. challenged by tho
prossauiiOti sanll. Conn. challenged by de-
ienbs ). NJ. Churchill, after being submit.
tei to tho court and passed rs competent,
MAS challenged by ths defense Via. Bran-
veil, after being submitted to the oourt, was
challenged by tho defense, Jacob B;lyeu,
excused by the court; u. Mills. aac9pted BY
tho defense aud challenged by the proseet-
ton n. &. Dosicr, after being submitted "a
she court by tho defense and passed. Fas
challenged by the defense win. A. Buniou.
accepted.
Here the panel became exhausted and a
uew ycnuo was Issued, for the ssiun oi
which the court adjourned till O'Clock r. st.
AFrrKSooS SESSION..
E1nrt was ro-cunvencd at o'clock. j. u.
Miller vas the first called OF the new PANEL,
and was accepted Nimrod Price. accepted
IS. L Napec, challenged ly ths prosecution
G.. Il. Gilulorn. challenged by the prpsccu,
ton ". \. Cox was accepted by defense,
but having eonvcrBod with the defendant.
WAS challenged by tho ntatei John Miller,
having formed an opinion. Was aalsnitted q
the court and then challenged by the de
tenEe ". j.. Stevens, accepted l.. "
CundiG was called. and not responding. ~
attachment was issued for him. j. ~
Cooper was called aud challenged by the dc
fensg r. NJ. westfall, challenged by th,
defense; W. Il. Barr. having strong opin
ion, was submitted to the court and excused
+. T.. Devansy. aulanittal b the court ans
passed.
This exhansted the new panel. when juror
were called from the bystandera. Milicl
Morgan was first called, submitted u tbs
court aud excused. y. A. Parker was sub
mitted TO the court and passed.
The panel was now complete. it having
takhn till 4 r. ". "a Gil it. The iollowin,
jury was then sworn; Jas. Paul PhiliI
swank, A. }. Bilycal. Isaac Hayes, Marion
Cunningham. John curl. Bm. a. Banton
j. d. Miller. Nimrod Price. W. J. steyens
+. r. Dcyaney aud l.. A. Parker. Aftel
which tle case Was opened by Mr. w. Bill
ycu. on behalf Of the state. and r. $. strahar
on the part Of the defense. Ell. siihona wa
the first witness called. ~.
Here Mr. Strahan desired the witnesses FOL
the prosecution 70 be called and separated
from the court house. under the statute. J,
| j.. Mhitnoy demanded the same for the de
feRdAnt's Witnesses. The court suggested
that the order apply to all. Mr.. Strahau
said the statute did not require it, and cited
authority. He did not know who the de-
fenses witnesses were, and when the prose.
cution is through it has a right TO have a rule
made then, il the defense has no objection 70
it. Mr.. Powell stated the rule applied to all
witnesses summoned, and asked that it be
enforced. The court so held, and ordered
that witnesses be excluded, recommending
that they simply retire to the back seats,
where they could not hear. Capt. Humph-
roy stated they could hear as well there as at
he bar of tho court. They were aeeordin gly
excluded from tho court room. a.,
Ed. simous swornil4was present at Sweet
Home ON Nov. 7th last, about 4 o'clock p. II.
on that day, in my store in Linn county
knew Jas. Simons, deceased know Frank
Reid; saw him in. Sweet Home on Nov 18th,
at 4 o'clock, on the streets, at different times
first saw him in my place Of business; saw
him with Jas, .Simma, deceased, on Nov. 7th;
first time supposed it was him; he was in
the act Of coming back to the town; he was
then l4O yards from my place Of business,
and to s feet from Jas. Simons; was farther
from me than from Simons; Simons was be-
tween me and Reid; i started in that direc.
ton; saw Mr.. Morse and Mr.. Mcclure; saw
also smpko. Just at the time they were to-
gcther; heard the report Of the gun; in an
instant after looked down and saw Reid; ]