The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1885-09-18
''Ths Tables Turnea

Last Friday morning Daulel Nell was
arrested at the instance OF George Mcs
Cullough, charged with having robbed
Mccullough OF eighty dollars on their way
from Eugene 10 this city. On Saturday
afternoon at / O'clock tho casa was tried
before George Humphrey, J,p,, at the
Court House tho trial being Witnessed by
largo number Of Interested cItizsns,
| Mccullough for the prosecution testified
that he and Neil woro on tholr way TO Al
bany, having stopped on tholr way 10 OK
anime some timber land and with varIou 4
experiences had reached 10 within about
q quarter OF q mile of the Calipoola bridge
on tho west side, ho being on tho right
side OF tho carriage. when Neil struck him
on tho right side Of The head, and then
th oy had rough and tumble fight, Nell
knocking him out Of the carriage and
then jumping and running for the bushes.
After obtaining his senses ho folt Ia his
pocket and discovered that he had loat $50
In twentles and two ton dollar bills, These
bills he said Nell had soen while they
were drinking at Crock. Tho witness on
being requested to show tho cut on his
head took of bsndage and exhibited y
white, ahaven spot, with no hrulRo, cut or
cash, presenting an aged appearance.
Az there was no cash for tho alr 10 touch,
what tho handago was for sat the large
audience to wondering.
For tho defence several witnesses testlfi-
cd to Nell's good character, for peaceable-
ness, honesty aud temperance, and on his
own behalf he told straight forward
story, which impressed most who heard
II IS being nearest tho correct version OF
tho affair. Ho stated that Mccullough
seemed 10 want 10 drive very slow aud In
an ont of the way road. That this side
OF Harrisburg about s O'Clock Thursday
evening Mccullough ask him II he did
not want something 20 ca, that there was
an old bach living near there who would
give them something thatthey got out Of
tho carriage aud hunted for the place, and
while doing so, Mccullough being In the
lead, with his gun In hls hands. he having
brought one with him, he heard tho elk
of tho gun, as II Mccullough was putting
q cartridge In IL, that after that ho kept
closor to him and better watch that not
finding any old bach they got IN tho car.
riage and came on. He denied Mccall.
oughs testimony In reference 10 bis show.
ing two ten dellar h..ls at u creek. That
when near the place mentioned by Nc.
cullough, oil of sudden that Individual
struck him on his head with something
bard, he thought sling shot. that this
daxsd him. aud he jumped from the wa-
gon and ran for the bushes, galng % Mr..
George Clines home, Mr. G. bringing him
10 the city. He showed freah gaAh on
the right side OF hls head, the side next 10
Mccullough, ~ they wero riding, aud as
we'll bad fellon on ono II his fingers Of
the right hand, which would have pro
vented hIs using only his len hand. lie
testified showing how 20 obtained the
three twonlIes found on bits person. in
most satisfactory manner, and ~ well
showed ehsck for n sieo,
The Justice, without any heSsta.ion, dis
charged the prisoner, TO the satisfaction OF
probably every one who hoard the tes,i-
mopy but the prosecuting witness.
Immediately upon the discharge OF Nell
Mccullough WAS arrested for making an
assault on ths former With dangerous
weapon and placed la the county jail,
Monday evening he was examined before
the same Justice. II was proven by two
surgeons that tho wounds on Ee!i's head
mnst have besn made by some danger
ous weapon, and that the baro spot or
Mccullough's head must have been
shaved off, as Il could not have been dono
with first. on that point witness tes-
tIfed that he sAw Mccullough when he
Just came In from the scene of tho fraeas,
that no pretended 10 show him where he
had been hIt on bis head, but no could
see nothing, aud there was no baro spot nc
tho time at all. The pristner was held to
await the action Of the grand jury under
$500 bonds, which II IL doubted II he can
furnish.
On the firnt trial Mccullough admitted
TO having killed man in California and
TO having paid llne before Judge Deadly
on q charge Of selling liquor 70 Indians.
The case looks decidedly against hIm, and
he seems to have the sympathy Of almost
no one,
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