The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1892-03-25

Frank Jack.
The state is represented by the District
Attorney Geo g Bingham, J whitney,
II IL Hewitt and J Il Wyatt. The de-
fense ID repfesentcdhy Hon x Weather
ford and Hon w X Bllyeu. The case on
the part OF the state was ably stated to the
Jury BY ] Il Wyatt, and on the part Of the
defense by w r BiIyeu likewise.
The evidence will be reported only
when x Il new or different from that
given ON the former trial
John Oakley being sworn testified as
follows: Louden came up 10 where Frank
killed the men before did. Went next
morning 10 where Henry lay on the
ground and saw quite good deal Of
blood, Loadcn took his blankets TO watch
at the barn. Neither washed the ehirt
uncle Henry had on when he was killed.
There were two guns and three re volvers
in the house the night Of the killing all
loaded. Frank went into the house after
the shoo'irg aud put his keep-sakes In hls
trunk. Henry came 10 Franks house
once to notify him 10 work the road.
Game at no other tirae that know. A
day or 40 after men were fret prowilng
around the house Frank put up blankets
o,er windows 80 men could not see how
10 shoot.
CIV Watts testified a. follows: Went
out to Ingram'a on night ot killing, Was
on curenerla iuEy, The night was medl-
um dark. Took evidence near the body,
Knew from hearsay before left tow that
the deceased was Penry.' Said that dcft
stated that Henry trll right where he was
when shot, Deft said he fred both pistolS
at same time. Came back 10 town at
o'clock Went 10 Henrys house next
mornIng. Door was shut with key In key
hole. DO not know whether II was locked.
Examlned but found no cartridges at Hen
RVS. Found semr shot there, No atnmu.
i nition on ucnryis body when found.
! Think that gun found by Henry had not
been recently found, Took shell out OF
! gun AID pat Il on the table. Think sherin
took char cf II. Think | vert through
the gate. About halt OF the body Qower
pas,) was under the boughs oi the apple
tree. II Is possible that man shooting
from where Henry stood might put all
shots between the boards Of fence. While
we were examlnisg body Frank went Into
house. Think sheriff went with him.
! Dr w II Davis testified; Head aud
shoulders under boughs Of tree. Think
both hands were along side Of body. Saw
no roots or snags where body lay. DO moi
thlak tI.Is hat lone In evidcneel was The
one near Henry body. Shot In face lodged
near sop Of head There vac not very
much blood on face. Felt head over care
fully that nlgat three times 10 find wound'
but found aote.
A s,evins te.aAed, Examined raj and
found hair. II was similar 10 color e
! Henry Ingram's.
/. Geo w Luper testified: Heard tnres
, shuts about o'clock on evening OF tnur
der. Two were close together 10 point o
time and one shortly alter. Fouad nc
loaded cartridges in Henry's house. Hae
! cons ersation With Frank hefuFe Killing
! Frank epoke about eontesting viii. Ssls
he would beat him or get say with him
Think shots heard were rifle sAots Es.
|, amlned Henry's head next morning
! Found little cut on back Of the head. Saw
GU PLACES on hat and blood and hair. Gu
on head was where they said the bal has
lodged.
: A Sel.lemlrc trsilAedi Henry welghet
abou, $50. Was 8 feet s. lie mas
, pecuiiarity In HE walk. Kind ot drag
ging walk. eaw blood rush out from heat
when the men raised the body TO put II Il
the coffin. Blood might have come out o
! his ears. Did not examine where the bloos
. came fron. Moon WIS sh.aing that Might
brightly.
, George whllow testified; Think til,
shots that heard at Franks were pisto
shots Did not ohscFys when u light a
tienry's went out.
Mrs whlllow tesiIfcdl Flrss two shot
( heard that evening At Franks we're yer,
close together. The othet two tame pretty
close too. saw Henry the evening OF tn
] killing. He passed coming from town.
went out la see lfhe had any mall for me
Moon Was shining that nIshi. Think |
was not over five minutes from the tim
> saw the llgtts at Heury's 10 the time
{ heard the shooting at Franks.
: DIT wyman testified; Examined bod
) i.ext day. Hair Of head was matted viii
blood. Thought the wound On the heas
was made by blow. Wound might have
: biei considerably. Don't think there wai
c much blood on undershirt. No blood ooz
Ing from hls head. Bloody water ran iron
|, his hair when ] raised him ur. Bloc
oozed only i,om wounds In the breast sn,
: face as .e moved the body. THE scar OF
r head " ~ a f.esh wound. II went through
q the scalp to the skull. ItwaG the slxieenll
of as inch deep.
Du lanes teSiided. Head OF decease,
= was bloody when prepared the body 10
. burial Saw wound above left ear. Aboa
three quarters OF an Inch long. DO no
know whether II was bFuise or \ cul
!: DO not think It was deep. /, was back o
r the ear.
n J w Mct;hee testified: Reside mile
from Albany and miles from Ingram's
Was there next morning after killing
y Saw them preparing body for burial. Sa'
Il no scar. Saw back part OF head move q
: though Il had been crushed. Heard graiinI
noise as though b0nes were crushing
|. against each other. Saw blood rurninI
= from wound Ia face when We moYed body
n Saw some blood on The ground and stras
!. where the body fell. Straw about the hea
" seemed 10 he fresh. ! was Al the lei
shoulder. Called the attention Of NJ
d Fruit 20 sound made by moving the head
They told me the bullet did not gs througl
the head. They all seemed like they wer
avoiding telling what they knew about Il
Porter Slate testified: Live SJz mile
= south of Albany and 81 miles from In
e grams. Went there Eext morning. Sas
G wound on the head back OF left ear, Thi
!, hst IL not rs II was when ! saw Il at In
grams. Saw blood In hat. Saw short hal
near ctt In hat Put hat on Henry's hea
Z and found cut In hat eorrespondcd Will
\ cut on head Pressed my hand on skull
|, and could feel II give way as II crushed
: Hair on hat eorresponded with hair OF
his head. Wonnd on head was an incl
c and half back Of the ear and en- incl
land half long. Saw places on top o
the head where blood was oozIig out
= Satisfied that the skull was broken q
y the wound. Told various parties Will
the former trial was pending about this
Cass Scott testified as follows: Was aS
!, quainted With Frank ard Henry. iia
: talk with Frank the day OF the shooting
Frank asked me Il was about the ssatioi
y al night. Said some one was trying 4
{ kill him. Said their object was to get hin
!, out Of the way 80 they could break th
will. Frank said the reason they had no
8 killed him was bncause he was too d.
. smart for them. He put his hand on HI
4 coat pocket and swore he would kfil som
of them. lie wanted me TO see Joe Bear
and get him to watch and see who got oil
the cars. Conversation with Frank wa
the day before the killing and near M
!. jerks. was in wagon ard he was In III
! buggy. The idea got was that he wa
e going 70 protect himself against those VIII
xvare ~ snmifno a nraund hte hn.,ea