The Albany register. [volume] (Albany, Or.) 1868-18??, 1880-01-23
Frank Reid Acquttted.

county, OIL The dtH NtitJ OA NOECHlOcA At'SS'
was commenced on Wednesday of last week
in Linn County Circuit Court, Judge Ben.
F. Harding presiding. The Prosecuting
Attorney. J. j. Whitney, was ably assisted
by Messrs. Powell & Bilyeu, Finn &
Chamberlain, of this city, and r. NJ. Mil
Ter. of Lebanon, while the prisoner WAS
represented by Messrs. StralIan s. Dilyeu,
Humphrey s. Wo!verton and c. II. Hew-
lit. of this city. and W. G. Burnett. OF
Corvallis. A greater part of the first day
was taken up in embanneling the jury,
which was at last securd us follows
James Paul, PHILIP, Swaiik, A. J. Biiyen.
Isaac Hayes, Marion Cunningham, John
Curl, VIM. a. Buuton, J. d. Miller, MINI
rod Price, w. J. Stevens, f. z. Devaney
and L. \. Parker. MIR. w. Hilyeu opened
the case Oh the part of the State. followed
by r. s. Strahan on the part OF the prison
er at the bar. All witnesses. both tor the
defense and prosecution, were excluded
from the court room, except as each was
called 10 give testimony III the case. A
large number of witnesses We're subpunaed
and were present, but quite a nnnlber
were not called npon to testify. The state
meft made by deceased the day before his
death, written down hy Mr.. Miller, and
pronounced by deceased as his deatil-bed
statement, was ruled out, or the ground
that witness stated to Mr.. Miller, the next
morning, that he felt better, and thought
he would be around again i'll a day or two
Some other evidence offered by the prose-
cntion was also ruled out, rs not relevant.
Examining witnesses and the pieadings
took up the time OF ttie Court until Satnr-
day evening, Judge Harding delivering his
charge to Ike jury and sending them 30 the
jury room about O'Clock Saturday night.
The jury returned about half past eleven
O'Clock of the same evening, the prisoner
wits brought into Court, and the Judge
being present, the verdict of the jury.
Not Guilty. was read. and the pris
otcr discharged from custody AMID the
cheers Of the crowd present.
SYNOPSIS OF TIE TESTIMONY.
+. Simons, nephew of deceased, was
tile first witness sworn: He knew Reid
who had been in Lis store Il few minutes
previous to the shooting OH the 9TH of
November; carried IL shot gun, bad seen
him with tie gun Oh other occasions !;
said .ie was going to Mr.. Powell's aud
from there to church; saw Reid shortly
after with Simons. Ito yards from my
place OF business; Sinons was between
ME aud him they were To feet apart !;
started iii that direction SAW smoke aud
heard report of the gun Reid picked up
lis coat, then the gun did not have the
gun when L first saw him; did not hear
what tile two men said when they met !;
when I first 2lance,l at SiuICns lie was sit
ting against the fence, shortly aIterward
he moved about six feet from where hc
was lying idto the street; ; did Tot meet
Reid 1T that time suppose Reid !ut the
gun in my house | next saw deceased
when they were bringing him iuto the
house, about half an hour after the report
of the gun ; Watkins, Lovely and Matii-
ews were carrying him; the gun MAS AN
ordinary breech loading shotgun, judge
it was the one usually carried by Reid !;
next saw Sinons at his residence, but not
living. on the following Sunday evening.
/ Upni, his cross-ex;mination witness said
he WAS hot positive whether Reid had a
coat OIL or not did hot meet Reid, but
crossed the street tlol:'t know where lie
went it Was 6 or feet from Simons
where Reid picked up the coat; Silnons
| WIS sitting down against the fence when
saw him.
| Thol. NJ. Watkins-know both par
| ties live i'll Sweet Home was there on
the 9Th of November went to Simons'
store TO trade store was shut went to
look for Simon<; ran from Simons' gate to
/ where he lay on pile of woad with arms
folded; went up TO him /; lie said, For
/ Gods sake help me up; anl nearly
froze'' lie said lit was that
Frank Reid that done it,
in response to my inquiry if he was hurt
much. lie said Reid met him there; Reid
| spoke to him, when lie told him lac OBJ
iected to talking to any of his tReid's s
kind; he asked me 10 raise him up, and when
asked him where lie was hurt. he pointed
with his hand; saw the hole in his pants;
told him lie was not hurt much; stood him
OH his teet; he slaughtered up and stood
alone !; lie moved his foot; he said, Il
wish to God | had my rifle he Leaned
on me aud said, Lay me down, I'm get
thug faint; as | laid him down heard q
crack then Mrs. Simons and Rettie Gil
lon came he said there was another day
coming, this was MT the last of it; Nc
Clure and Lovely came up, when he salt
take me tip, I'm froze.'; we carried hin
to the porch and laid him down, when hs
wanted drink before or after he dranl
tthe witness was not clear which) he said
iii lad my rifle 1 wonld have fixet
him''; we then took him into the house
when on the bed his right side lie tool
a pistol out of his hip pocket, and said
take that - it was taken and placed OF
the mantle, afterward when his wife cam,
in and removed the pistol placing it nea
his head, he told her to take it aud put il
away he got cold and we began to rul
him, when lie said something about Reid
cIIn going off. took his lapS when w.