The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1883-03-16

. ""s ucIuaihNu Win Ray IN MS lie
tune. Am acquainted with Nimchlck.
Helped in the search. Witness described
the brush OF tho locality and how much IL
would obstruct the vision IL looking from
The point OF shooting 10 the place where
Ray was killed.) D0gwood, hazed brush
and then q cluster or arrow wood were
on the liHe OF range of the shot. Obstrue-
lion would be great. Sal-lal brush would
0bstrucs the vision OF the legs, No leave on
the brush at tho time I was there. II waI
~ days after the shooting that was there.
Could see man plainly from The pIace of
shooting, II standing at the place whore
Hay was shot, Deer have crossing both
abSve and below where hay WAS killed.
Mart Bilyeu testified ~ foi.ows:
Am acquainted with Nimehick. Uelred
hunt tho body or llay. Examined the
place OF shooting. Had O conversation
with Nlmchlck shortly after tho shooting.
Told Nimchlck that people did not under
stand how about Rays being ki led.
Nimchick filled up aud began crying but
said nothing. Wild Bliyeu told him peopie
suspecied him. Nimchick said no did
not Kill Tay. Said hS liked Ray. TX
aniined the range ofshootIng and person
could sec very woll 10 shoot. Was some.
thing said In Nimchlck's perscnce about
hanging him.
y r Tbeyor testified an follows:
Know NImchck. On 18th wont to his
house 10 help hunt for Ray. Hlmchick
said Ray wantod bis dog to go hunting but
he would not let him have II. NImcbick
tied up his dog.
A NJ Shelton testified as follows:
Examined tho ground whore shooting
was done week before last, also when the
gun was found. Help stre,ch line on
range 0f shot. Some dORwoOd. tassle wo0d
-.
vision ON tho limo oftbe shot. Think ]
could 500 man easlly from the point of
shooting Ia tho point OF killing. Deer Will
sometime run either down or mp stream
when pressed with dogs. Ofion foggy ON
tho creek when Ills clear over balance Of
country.
X q cus.ek being sworn tesiifee /:
Examined tho place in Feb where Ray
was supposed 90 b. killed. Very little
brush on tho line OF shot 10 obstFuct the
vision. Ss trouble In distinguishing q
man from one point 10 the other
Lewis Ray testified a. follows:
Ar1 acquainted with Simchick and Ray.
Had conversation with Elmchick next
Friday aftsr Tbos Ray wss missing.
Nimchick said he sent for Thos and that
Tbos left and went off towards the creek.
Wonld not lot Thos Ray have his dog.
Nimchick was at my house the day OF the
shooting. He was nervous aud uneasy.
There was no fog. Live q mile from
NimchIck. Examined the ground where
tho shooting was done. Could see very
plainly q man from beast OH the line ot
shot. Have hired counsel 10 prosecute
this case. Took lively Interest in the
prosecution. Piainlin here rested.
George Bilyen on part of defense testified:
Reside near the place where Ray wAs shot.
EKAminsd the gFouad whsro Ray was shot.
There Was brush cAoagh % obscure the wis.
ion. lf the leaves were off ths brush would
obstFuct the vision on the line oi the shot.
Fog often rests along the creek. Think the
leaves fell late last fall. Live ! miles from
the place Of shooting. Morning Of 9Th was
elsAr but at eight or niue o'clock il was
raining aud foggy. Color % dser u gray At
thia season.
John Bryant being sworn testified Live
over mile from the place Of shooting. Ex.
aminsd the ground Oi shooting IN Ost. II
leaves had been ON have my doubts whetb-
CT \ pctson could have seen clearly along the
limo Of shot. The brush would obstrucs the
vision on the line Of Ehot. Considerable Eal.
lad brush. dogwood, tAsslewood aud = large
iir tree, the limbs 81 which hang over the
line Of the shot. Thomas Creek At that
IUtiA runs uNAhtJ N@Hh &hA MNaAs AoHlNt<N-
ced 70 rain about o'clock on the morning Of
7th Of Oct. though it drizzled before thst
hour Far tree 10 two or three feet from the
line OF shooting. Coald see nearly all the
marks Of bullets oa the brush. Think the
limbs or the dogwood would sbstruet the
! ight Aloag the liae Of thought. That wa'
dark cloady morning GA the 9TH of Oct
Uaman Shelton sr testified as follows
Lave On Thomas Greek. Was At the plao,
~il.rs the killing was done shortly after th.
gan "a. ionnd. Dogwood Arrowwood partly
"a th. line ot the shot, DOn't think tn,
brush would oistrnct the sight on the line o
.lr,oting Don't think there Vas any 70;
on the morning of the shooting.
Frank Nimchick testified; Know Toinm,
Ray. Kaow about the time when ToInin
Ray cams over TO ask my father Ia 20 hunt
ing.
} The prisoner was then callcl and testife'
in hIs own behalf a. follows; Was bOrn i
Prussia. Came % l. ) about 20 years age
Vas about 20 years Of age when. / came. y
the night oi the 9Th Of Oct last had a soI
hand aud was awake most Of ths night
, Heard hounds barking nearly all night
After breakfast on tho morning OF the 7th
seut Frank over after Tommy ltay to go Wit
4 ms % sec what hounds weru barking n
. Tommy came aud We started 70 the creeI
: Tommy said he would 20 To the right au
Q down the creek. | said I wonld 70 straigl
] down 20 the creek. lPhen got within
Y or 20 yards VI the creek | saw s0mcthiT
= like \ deer moving round near the waite
, There was fog and smoke abont the creek.
' tired at what l thought was deer. the
!. . called three times % Tommy to come as
> had shot deer. lie did not cope aud
|. went down % the creek aud found hs
: killed Tommy ] was 80 scared that{8 d
n not know what 20 do. went To Lewis Ray
To tell what had done. but was afraid
n tell as feared they would haug me. / wal
u ed several days and then heard there W
v talk Of mobbing me when started 20 Sale
!. To give myself mp. Thought had 20 90
n Salem. Did not know they had anything
@ Albany (neaning cour.s.) Vas arrested
70 Stayton. Have hunted n good deal wi
y Tommy Ray. He and were good frient
d Never had any trouble with him. Killed g
J, deer before at the place where Tommy "
killed. Thought Tommy was way below VIII
! ! shot.
q The prisoner told his story in We
ot straightforward manner. though with mu
ir emotion.
- VII Qleener sworn and testiGod: s.
Nimchick near Stayton, said he was goi
!. to Salem. lie spoke something about tn
= ! being after him. but told him % keep
e mouth shut til he had got an attorney.
N At the time of going to press jury "
y still out
I Big bargains in everything Mt Nolal