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

This trial was reached In the Circuit Couf
In this city on "Wednesday at 1890 a. m
Tho following jury was empannoled aite
two hours time: w A Cox, u w Cundln
John brush, q w Young, J d Iiurlshart
wm III Allen, n u Moss, ELI Carter,
Stltos. X ID Murray, J J Beard and Hoboi
Harrison.
Tho state was represented by w 1
Holmes, Dit. Atty, Finn Il Chamber
lain and J Davis.
The defense was represented by Howit
& bryant, StIahau, Humphrey and Judge
Bennett.
Tho line OF dofonse WAS aet forth In th,
opening remarks or counsel for defense u
DO that tho accused killed young Ray, bu
that II was accidental
Susan Thorp being sworn testified
Was acquainted with Thos Ray, lao wa'
my son, lived with aio near Nimchick's =
sae... him last 7tlr OF ont, Ia tbs forenoon a
my house. Nimchiek's boy camo nflei
Thomas Nlmchick, livod nearest creek
Thos went with tho boy. Had on duckIDt
| "N7
shown to witness who recognized !. n
ThomaAs,) Never saw him alive alter lac
went away. lie aud Nimehck were out
hunting Sunday before ho went away
soventI, of October was Saturday. Thos
had hound which WAS given him
QInro witness was shown piece Of calico
and shirt which She recognized ~ being
the same IN garments worn 10y members
or defts famiiy.) Suppose remnants came
from Jack IIoaston's store. Went to
Nlmchlek'a on tho OH aud took him .
piece Of vonison. Tho 7th Of Oct. was
ciouly, but there was no fog.
TLnrston Thomas being awofn testified:
was acquainted with Thos Ray. rccogniz-
ed hat IA the ono that ! found IN Thomas
Creek. DO not remember the day found
II. Hat was found ~ or 3 miles below
\ where hay was killed.
" q Mcdonald testified As follows
Waa acquainted with Thos llsy, not much
Iacdtininted with Nimchlck. I helped
search f,ir hun, recognized tho hat. Was
appointed on committee 10 find out the
1 murderer. Went 10 Nimchick's house
/ with Young and MnIris. Simchok saldl
he was sick Told Simehick be- had Dn
fever. Asked hiui whom be saw Ray last
NImchick said ho never sent for ltay.
Saw tIie piece OF calico and shiring. Ask.
ed klmehSek II hs knew anything about
calico. Said no ~ iirht. Saw ne calico
about tho house like this piece. Asked
Nimehicks girls 10 show calico garment.
about tho house but none were like this
measured tho distance from whore the
young man WAS shot TO tho place from
where the shot was fired, II was II feet
Map OF plae. where Ray was shot wa'
shown witness and explained hy him.
About Is feet from whore Nimch.ek stood
a sho, struck dogwood and somo olhsl
bushes on the way. Could Aee mar
very wall front where the shot was hrea
10 the place where iiay wa Killed. conid
! ss. n man lsat his eye from ono point q
lhe other. Tho angle from where the boy
a,o,d 10 where lha sh0. was hrcd wa
!, about 4S degrees. Strings wero tied on ths
brush that WAS hit by tho shot. Did no
tle them. This place ~ G ors mila@ cast q
scin. I.llils drilt just below where Ray wa
k,lied Wont ~ aea Slmchlek tw,ce ate
ths killing. Was some talk OF lynching
p.,opla thought Sitnchlek was guilty
fold all tn lat the law take its course
No threats made ia Slmchh'k'. presonce
> Was present when b0iY wAs f1und. ks
' rnalnel until Coroner rauie l.ply va
Il
No difference la seeing a insn on = clpiit
9 day from tho plare ir'tn wharo ia" shH
Z WAS fred and tbr plbc1 where Ray Wa
Killed. Left iH,nfs ppekEt was tilrus
! wrong eide f,It when kav VS. found
lL,dy not nwrlirl ar n:lei vita wale
whcs found. IL was found I = miles es
low whore lac MAS kttiri. When | want
> Slnchic.s's thera wer. nn ror-pn IlI"s
u except his children. Himrhicl, was In be
!. and said hoswaS sick Foil Sitnchirg Il
! yaa not sick. lie was Aweating fr-ct'
Great tuAuy lnsn examined the plae
large fir tree near whsru Shnchh;k st0D.
DO not know Low limbs OF 6r trees mr.
Jake Huber testified as follows: w.
acquainted with Ray anil Nimchick.
l. was Al Nimchicks l4ih 81 month. Ma
n chick salt he WAS sick. Asked SiIncbtc
, III hs could givs uz information where Ra
> was, sent after Ray, but did not y
- Kay. Nituchlckis hoy said Ray wen, haf
n toward tho creek. Was ~ Nifnchick's a
p. Tor this aud Nlmehick said lao had n
:, seen Ray but his b"y saw him the mo.l
~ ing ha sent Rfter him. Lived in Simchcl
= nslghborlood. iiaya Known him . or
II. wears II II 81 feet from where the Ini
a stood who did tho shOollug and where III
was killed. Map hero Is absut CORES
:, (Itera witno explained at great leng
~ why be thought tho place named was .
r.. one from which the shot WAS iired.l Mi
chick said ne did mot know what was {
- matter with him. Said his fest were &C
.T. all the time. NimehielS said Iews X
~ got pills for him. Said they made him sie
-, / stood where SImchick WAS supposed
- have stood and young Irvine stood wht
Ray was killed. aud there was not tnu
brush in the way 10 keep me from scei
him. could see Irvine open and shut
eyes. No brush near where Nimchl
'el stood. Dogwood which shot struck
I "a
dogwood were about 3 feet from ground
- John Thomas testihed as follows: A
~ acquainted with Nlmchick and Ray.
I'D ACQUAINTED with the locality where Il
was killed Measured the distance FRI
the fir tree To the ltue on the range frC
ut whore Nimchick was supposed To Ia
no stood and where Ray was Killed, and
tree was "a feet from tho line. 10 place
Dn man where Ray was killed could sta
a whore NimchicK was supposed TO satai
"a aud could SEQ a buttoa on tho inal
- coat. Never knew of deer haviag GRO
u. ing at The place where Ray was kill
Ifr They had a crossing half mile abC
! and ono hRlfa mile below, but they do
:" cross now unless run by dogs. Size OF
tree about feet. Tree about 20 feet fr
'Fhero Ray was killed..
Peter Bilyeu being sworn testified as
lows: Was acquainted with Ray In
OF lHe'umes defIpeb IN tho schIcu ior N
ho Found his gun. Gun was 3 feet from Y
tree. Gun was standing muzzlc down
ed la the water. Two-thirds OF the gun v
,ht in water. Found gun on 10th. Gun v
mi loaded with one cartridge. Gun was fou
:. before hat. Frost was with me wheT
o' found the gun Considerable brush /
'r- b entramped down about where IL
y. was killed. At first there WAS consld
est able brush on the line of the sh
to Leaves were late in falling from ap
,r. trees last fall Was with Huber. X
= and Irvine when they measured
i'S distance and range Of the shot.
'"' Mr. Frost testified as follows "
acquainted with Ray in his life til
Am acquainted with Nimchick. v
with Peter RilYeu WHOM he found