The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1895-08-01
TWO YEARS FOR MCDOWELL.
A Verdict of Manslaughter
Brought in by the Jury At
ter Being out all Satur-
day Night.

which has attracted SO much attention for
tho past five months in Lincoln and Benton
counties, was terminated on last Saturday
evening at seven o'clock, p m, when Dis
trict Attorney Geo. M. Brown closed his
argument on the part of the state. at which
time Judge Fullerton gave his instructions
to she jury, which covered = period of
nearly half hour. As this was the first
murder committed within the boundary of
Lincoln county since its creation by the Or
gon legislature in 1893, and as the different
parties interested in tho case were repre-
scented in three counties, Lincoln, Benton
and Polk, the trial of this case was
watched from beginning to end, by the
citizens of these three counties, as we'll as
other parts of the state. with much inter.
est. The murder, which occurred ON the
26sh day Of last February, five miles south
of Summit, about seven o'clock in the even.
ing of that day, was the result of ; family
feud, which had existed between John Nc
Caleb, the murdered man, and h,ssfather-
in law, John Mcdowell, ever since Nc
Caleb's marriage to McDowell's daughter
s ,me nine years ago.
During the progress Of the trial, it was
proven that numerous threats were made on
the part of both Mcdowell aud AcCalsb as
to the taking of each others lives, the last
ones being made by both parties on the day Of
the tragedy. On that day McCaleb was ar
rested for assaulting his wife. and the case
was dismissed In the ju stics court.
The testimony of the witnesses on the
trial of Mcdowell shows that MeCaleb's
children were with their mother at the
houss of Mcdowell, and that before going
home that day, Mcdowell said that if Nc
him; J. W. Lawrancs was ssen to hand
pistol to Mcdowell on the day of the mur-
der and was heard to say to Mcdowell that
he had to defend himself. McCalsb had
said during the day that the children be.
lonesd to him and he would have them.
Mcdowell and his wife and daughter
Mary aud McCalsb's wife all testified at the
trial that McCaleb rode up in front of the
house and said he would have his children
or he would have blood, at which time,
Mcdowell, standing in the front yard. sho.
MoCaleb while sitting on his horse, and af-
tsrwards ran out and shot him two times
with a revolver The conversation was
carried on between McCaleb, sitting on his
standing in the back porch out of sight
The witnesses all agreed as to the converse
tisn, which took place before the. shooting,
except. TO the words of ''having blood, !"
Cbas. Hyde testified that no such threat
was made by McCalsb.
Mcdowell himself testified that he was
standing by the gate with his shotgun
loaded with buckshot and ono pistol ball
when McCaleb rode up and called for his
children; that he said. he would
have them or he would have
blood; that he then shot him with the shot
gun from the inside of the fence and then
went out to the place where hs lay and
shot him twice with revolver. The wit
agree as to the number of shots and the
conversation n, except the threat as to having
the. children or blood, which was contra
dicted by the testimony of Chas. Hyde.
Hyde being the only disintersstsd party,
the rest of the witnesses present at the
time of the shooting being Members of
McDowell's family.
The testimony of the coroner. DIR. Car
ter, shows that there were eleven wounds
altogether found upon the body of the de-
ceased.
The facts which were brought out both
before the grand jury, AID also upon the
trial, were gathered in ths main, and the
theory of the murder was set up by j.
Fred Yates, junior member of the law
firm of Bryson, Yates & Yates. of this
city, which firm was first retained to assist
in the prosecution of the c'ss. After
wards Judge w. S. McFadden was called in
to assist in the trial of the CAUSE to take
the place of Judge Bryson, who was called
to Portland to argue the libel suit against
the steamer Rssoluts, for ths railroad com
pany. Though called into the case .at the
last moment, without being familiar with
the facts until the same were disclosed by
the testimony of the witnesses upon the
stand. Judge McFadden rendered most
valuable assistance in the examination of
the witnesses and his opening argument be-
fore the jury was most powerful effort.
The defense was made by W. r. Bilyisz.
of Albany, a. Denlinger, Of Toledo, and
BENZ. Hayden. the pioneer criminal lawyer
of Polk county. Owing to the fact that
the murder committed was the result of
family trouble of long standing. and that
the defendant was man of almost seventy
years Of age. cripple and in very feeble
health, and an old soldier, strong effort
was made to acquit him. A great many
witnesses were subpenaed from Polk county,
formerly the home of the murdered man
and the defendant, and also from the com.
munity in which they both lived at the time
of the shooting, in Lincoln county, and the
case was hotly contested throughout.
The iury retired about eight o'clock p.