Capital journal. (Salem, Or.) 1893-1895, 1893-06-29
STATE va HEEsrLE
Trial of tts Brooks Drugnss on
Ckafrs u PuSiury.


Fofd A Condt f1r state. Bonhan a
Holu5es. fof dsfsuaaoi
cAsE % rHE srATE
Cooisy. iafOf On tsiai u oass ~ ". L.
Joass W. l. n. Henssii in circuit
ouurt.
Cogid not give exact language bot
Hepssil suors there Nsfe three tiils %
snsll. Hsitsbu a Woodward. Iooes
shoeld have paid. He swore Jous-
paid two bills aEd one be paid. The
Jury uDder.iood that this va the re-
eipt. 80 40, which Hsnseli swoFs be
bad paid.
Cruse-exsmiDed: HeDsell swore they
bad no settlement; that be wAs TO Offset
With medical service certain.
RiBgo, juror on trial 10 same case;
knew parties; Hensell swore be paid
this bill 10 question.
Cross examined: Son Of harvey
Ringo. Could not recall exact words
but that Was about it,
BOlier, juror: H-nsell testified be bad
paid some bills that Jones was 70 have
paid and had agreed TO pay to offset his
family doctor bill He said be bad sup
posed Jones had paid those bills, but be
had not done 30, and then, be, HeDsell
had paid them
Wenger. juror; understood HeDsell
said he paid two Of those bills; third
one Jones paid, he said; be did nos
seem to know just which one be paid.
E P. NOrthup, cashier Of Portland
drug fiTm; examined ss tO two drug
bills amounting to SO. .is, paid by Jones
Jan. 19, 1891; receipt was dated FEB. q
1892; Hensell got this receipt, saying
the goods were bought for him, in the
nauae Of Jones, and be wanted receipt
made TO him
Cross-ex:-G Gave Jones 3 receipt;
Jones paid his balance for 1880 on Jan.
10, 1891; HeDselI opened sn account
with the firm In March 1891; first knew
Of Hensell running q drugstore there
about that time; witness was shown
letters from house to Henssll relsting
TO HenselI asking for this receipt; the
letters were Rad, one TO H=nsell, say
ing Jones had bought but one bill Of
goods OF about ten dollars; receipt was
Rad given by finn to Hensen that
showed payment for two bills referred
to ss having been bought in the name
Of Jones. Jones called and got bills re-
ceipted few days sgo, that were in
eluded ia his settlement Jan. l9, 1891,
when ne took 8 general receipt
Mr.. Heitshu: Identified copies OF
bills and affidavit he made, showing al
transactions with Jones and Hensell.
, Cross-ex: Could not remember in
dividuAl accounts; knew nothing about
matter except zs shown by books
VI. l. JOnes: Hensen introduced
this receipt aud sEure he had paid it;
shown two bills covered by receipt, re
eeipted as paid by him. At time he
paid the So for which he got s receipt,
which he had lost; had it when he got
the bills reeeipted second time.
Cross-Ex:-O6ject of having these
reeeipted bills was to show when
be paid them, to make it positive that
be had paid; had no personal trouble
with the doctor. Only feelings Of ne
gret-
! Counsel for state objected to inquiry
iRto feelings Of pArties-
BOuban: Did you not tell Phineas
; BelliUger, Of BROOKS, in presence Of sew
erAl parties that II had thought the
old skunk would stink himself out Of
Brooks but l am afraid some Of Us will
7 have to drive him out -
Objected TO by. Ford As Irrelevant Ii
made no difference what Joues' feeling
were toward him.
Objection sustained.
Jones Cross-EK. continued: Agreed
to Pay these drug bills aud freight for
H-nssll; had charged them TO Heusell
fOr q note Hensell gave him for the
sum.
BOnhAm: Did you not swear 10 the
circuit court thai you had no 1--we for
DR.. Hensell?
Objected 10.
Ford admitted that witness and
counsel for state had DO feelings Of re-
spect for Hensell, and used rough Ian
gusge toward him. The state rested.
No witnesses were offered for the de-
Tease here. Holmes moved defendant
be discharged and addressed the court.
CondIt opened the case for the state.
Defendant testified that lie had paid
Two certain bills. The bills Of Jones
showed that he had paid them. The
bOokkeePer showed that Heussll got
the n-oeipt upon his oSn statement
that the bills were bought in tue name
Of NJ. L. JODes, aud he gave no money
When he got il.
Ford followed: All the pApen in tie
Trial were introduced in circuit court As
/ competent evidence.