davidaulloa/AmericanStories huggingface dataset:
The herald., 1896-12-25

Of burglary in the second degree. In
such case the court was in error in fall
ing to give to the jury the fifth instruc-
ton. which had direct bearing on these
facts.
Judge Smith, in passing upon the
points raised by counsel, said that
whether the burglary was committed
by day or night was a matter for the
jury to pass upon. The testimony
showed that an opening had been made
in the vault, and there were indications
Of lamp or fire having been used. The
evidence of Jones went to show that
the men went into the cellar about
o'clock and came out about midnight.
He undertook to swear, inferentially,
that they came out between and
o'clock and were huddled down below
until midnight. TT is my opinion" said
the court, that they didn't go into the
bank until after sundown."
would the court be justified in so
thinking, If the evidence showed other
wise?" interrupted Mr.. Davis.
well, it's a matter of inference for the
jury to determine. and for that reason
would not give the instructions re-
ferred to.
with regard to the misconduct Of the
juror, 1t does seem a curious state of af-
fairs, and I will confess I am in the
same condition as this juror (CaldwelD: :
If l tried the defendant for assault with
a deadly weapon I forget everything
aboutit. With somany cases ocming up a
man can't remember them all. and
juror is in the same condition. Unless
some injury has been done the defendant
by reason of these facts. I don't think
they are Of much Importance.
THE newly discovered evidence, 1
think, is cumulative. One Of the de-
fenses was an alibi. About five witness
es testified to defendants being in San
Diego on some date between the 1st and
Goth of June, and with perhaps one ex-
ception, didn't come near the alibi.
don't think the test depends so much on
the kind of evidence as in proving the
alibi. / am impressed that Jones told
the truth. He was ready to make what
he could, but when caught determined
to make clean breast of it and told the
whole story. He was corroborated. too,
by the two blacksmiths and the hard
ware man. who swore to circumstances
that If not incompatible with the inno-
cence of the defendant, didn't ordinarily
point that way.
"If took any stock in the newly dis
covered evidence and believed it would
change the aspect Of the case, and was
an honest effort to reach the truth, I
would find a way for its admission. be-
heve the man was not in San Diego, but
in that house on the 18th, and / would
have so found If had been on the jury"
Judge Smith then overruled the mo-
tion for a new trial and proceeded to pass
sentence on McCarty.
He gave some few words Of advice,
when the defendant interrupted the court
to ask that the fact be borne in mind by
the court that the police department had
searched the state for the purpose Of
finding, il possible, evidence against him
of some previous crime, and they had
failed; there was not a blot against his
character. Resuming, the court, having
brought his advisory remarks to close.
sentenced the defendant to ten years
Imprisonment at San Quentin.
A stay was granted until Monday to
permit counsel to make preparations for
ar
The herald., 1896-12-25
CHRISTMAS EVE BANQUET.
Employees Of the Broadway Department
Store Dine Sumptuously.

Last night after the store closed, Mr..
Arthur Let's, proprietor of the Broad
way Department Store. invited all his
employees, numbering about go, to par
take of supper especially prepared for
them at the La Veta dining parlor.
Pleasant toasts, gay repartee and gooA
time was had, and it was past the hour
when Santa Claus is supposed to make
his yearly rounds ere the banquet was
over. Mr.. Let's Is gentleman of ster-
ling integrity and believes in making the
lives of his employees as pleasant as pos
Sible
The herald., 1896-12-25
THE JUDD FIRE
An Insurance Company Being Sued for
the Amount of the Policy

W. A. Barker has brought suit against
the British America Assurance company
to recover $780, and the suit is the re-
suit OF the fire at Judds furniture store
in February last.
On the 21st Of February last Charles
A. Judd. who owned the furniture and
upholtering store at 4O5 Broadway, took
out policy of insurance with the above
named company for $1,000. The policy
covered the property insured until Aug
ust 30th of the present year, and upon
the evening of February 29th. just eight
days after the policy was taken out,
Mr.. Judds store was burned out He
made proof of his loss in the usual way
but failed to get any money from the
insurance company. He then assigned
his claim to the present plaintiff. who
sues for the original amount with Z
per cent interest.
The herald., 1896-12-25
OLD SEEDY EXECUTED
z. c. Angevine Stabs a Squash and
Committee Count the Seeds

About a thousand anxious watchers
gathered round the Buffalo Woolen
oompany's place of business last night
to see the execution of old seedy and in
cidentally to see If each one would not be
declared the lucky winner of the 800
offered by that firm. Promptly at $50
z. c. Angevine, the manager of the Buff
falo Woolen company, entered the show
window and mid the cheers of the crowd
seized a big carving knife and without
more ado cut the squash in halves. The
committee of three then proceeded to
count the seeds and found that 1t con-
tained 81 seeds. The books of record
were then gone\over and two lucky peo-
pie were found Nyh6 guessed the mystic
number and they were A. NJ. Arvata, 1860
Figueroa street, and F. B. Smith, 243
East First street. The books will again
be gone over and if these two lucky peo-
pie guessed but the one time they will
be declared winners of the s100 prize and
the money given them.
The herald., 1896-12-25
NEW SUITS FILED

The following complaints in new suits
were filed yesterday in the superior
court:
The matter Of the estate of Francisco
c. Salcido-The petition of Leirado Sal
cido Subiate for probate of will. The
estate Is valued at $500.
James H. Shankland vs.. William Cur
lett-A suit to recover $160S 81 on a note,
and foreclosure of a mortgage on lot
II and the west half of lot 10, St. James
Park tract.
w. A. Baker VS.. The British America
Assurance CComCpany-A suit to re-
cover 1900 on policy Of insurance COW
ering the stock of good at 4O5 South
Broadway, damaged by fire on February
20. 1896.
j. c. Taylor VS.. Henri Pelissier ct al
A suit to recover on an assigned claim
for $592.50, for services rendered.
The estate of Marceline, Albert H.,
Alfred E. and Joseph IN. Boisseranc-
The petition of Ursule Boisseranc for
appointment of guardian.
]. N. Fisher, Jr.. doing business as the
Fisher Packing Co., VS.. H. c. Holt ct AL
"A suit to recover 1892 balance due for
goods supplied.
The herald., 1896-12-25
COURT NOTES.

Eliza W. F. Waits yesterday filed her
complaint in divorce against James NJ
Waits on the ground of desertion.
T. D. Mcintosh yesterday pleaded
guilty to burglary in having broken into
the house of H. c. Stilwell before Judge
York, and was sentenced to three years
at Folsom.
In the suit of Duncan VS.. Kokomo
Land and Water company the argu-
ments were concluded yesterday in de-
partment six, and judgment was given
for plaintiff.
Will Johnson was brought UP in de-
partment six yesterday for examination
as to his mental condition There being
some doubt, the case was continued un-
til the 28th inst
Harry Nolan was brought up in de-
partment one yesterday to stand his
trial for assault with deadly weapon,
but was permitted to plead guilty to
simple assault. He was sentenced to
ninety days in jail.
The herald., 1896-12-25
CHRISTMAS BEER

Messrs Mair & Zobelein, whose fam
Gus bottled beer is so popular in South
ern California, are remembering their
friends at this time by presenting few
bottles of their best. ,f
The herald., 1896-12-25
ADOLF & HAUERWAs

This firm makes speciality of bottled
beer of the best quality. Among the
breweries rncy represent are Wieland. S
U. S., Chicago and Pills.
ner.
The herald., 1896-12-25
KIEFER & co.

Proprietors Pacific Wine Co., estab-
lished 1878, removed to ia West Third
street, between Spring and Main. Wines
and liquors. Wholesale and family trade
only. f -
The herald., 1896-12-25

Mrs. Winslow's Soothing Syrup has been
used for childrens teething. 1t soothes
pain. cures wind collie and is the best REM
edy for diarrhoea. Twenty-Five cents a
hoft1a
The herald., 1896-12-25
THE THING TO DO HOLIDAYS

Il Walt San Diego and Coronado. Spe-
{ eial tickets good for four and thirty days
Gnoa1e * Santa Ee ticket Offices
The herald., 1896-12-25
RANDsBURG GOLD FIELDS

Are reached via Santa Fe route. Leave
Los Angeles 1915 a. M, arrive Rands-
burg $3.50 p. M. Through tickets $6.75.
The herald., 1896-12-25

Largest variety Concord business wagons
and top delivery wagons. Hawley, King &
The herald., 1896-12-25

s5 To Cure q Gold In One Day
Take Laxative Bromo Quinine Tablets.
All druggists refund the money il 1t
fails to cure. Csc.
The herald., 1896-12-25
.JOTTINGS

MY prices for wallpaper beat all the city.
A. A. Eckstrom 324 South Spring street.
The herald., 1896-12-25

1868 lbs. Keatings-"365 days ahead of
them ALL" Hawley King & Co.
The herald., 1896-12-25

DR. p. HENDRICKS, DENTIST,
Room 226 Byrne block, northwest corner
Third and Broadway.
The herald., 1896-12-25

Everything on wheels Hawley, King &
Co.. cor. Fifth street and Broadway.
The herald., 1896-12-25
FOR FIFTY YEARS

c. A. Witter Of Redlands is at the
Ramona.
The herald., 1896-12-25

Hewley, King & Co.. cor. Fifth st. and
Broadwayagents genuine Columbus Buggy
company buggies and bicycles.
The herald., 1896-12-25

Our Home Brew
Maier & Zobelein's lager. fresh from their
brewery, on draught in all the principal
saloons; delivered promptly in bottle or
kegs. Office and brewery. 44o Also street;
telephone 81.
The herald., 1896-12-25
NOTICE

In The Herald of today appears notice
from F. Bacon giving notice that he will
~ be responsible for any debts his wife
may contract, that she has left his bed
and board, when the fact of the case is,
Mr.. Bacon, without cause or provocation,
went from home and left his wife. Mrs.
Bacon is perfectly responsible for any and
all debts if disposed to contract such.
SOLADADA DE BACON.
The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1896-03-19

13 DOLLARS ens ssR gsMAE1s s5,4s Ps
ORDER AT CECIL, THE TAILoR,s.
The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1896-03-19
COLLEGE MOTIFS.

There is rumor that baseball team
will be organised among the professors
at the college. Everyone seems to take
to the athletic craze this spring. This Is
good thing the speed.
Mr.. B. H. Robinson, late of Omaha,
Neb., representing the Mutual Reserve
Fund Life Association, stationed at New
York, spoke for short time before the
students Monday morning. His remarks
were received with enthusiasm by the
students. We have heard from the min
istry, law, and other avocations times
innumerable, but it is quite seldom that
we hear from people engaged In the
more active professions.
At last the track. so long talked of, is
in prospect of completion. The students,
failing to receive the desired appropria-
tion, have decided to go to work them
selves. About fifty of them, assisted by
Prof. Skelton, will commence the work
about next Saturday. This shows enthu-
siasm which should be supported. If
the students are expected 10 make any
showing at the intercollegiate field day
exercises, they must have track to train
on. J. B.
The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1896-03-19
A SAD ACCIDENT.

Miss Alice Trenholm, Of Alsea, writes the
GAzxTrE that Walter Floyd, the eldest son
of james and Dora Floyd, aged eleven years,
was drowned in Fall creek, near his home
March 9th, in an attempt to ford the stream
on horseback. The child had been sent to
bring the horse from the opposite side Of the
creek. He crossed on foot-log, and was no
doubt returning with animal wh,n the acci-
dent occurred. No ono witnessed the sad
scene, but in a short time the horse appeared
in sight of the dwelling, which is some dis
tance from the stream, and it was evident
from his drenched condition that he had been
in the water. The parents at once became
alarmed, and in company with r. B. Tren-
holm, neighbor. Immediately began search
for the missing child. They followed the
downward course of the stream for more
than quarter Of "a mile, when Mr.. Tren-
ho.m, catching sight of bit of clothing
lodged against some drift, climbed to the
place and reaching into the water, found the
body of the child. Every effort possible
was made to restore life, bu. without avail.
Several scars were found on the head and
body, which were probably made bv the
horse in the struggle to get ashore, as the
bride reins had been pulled over the animals
head, from which fact it is supposed that the
child, after being thrown from the horse,
had clung to the bride in hopes Of saving
bis life, and was trampled under foot by the
animal. The parents feel keenly their seri-
Gus loss and arc accorded the sympathy Of
the entire community.
The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1896-03-19
MONROE FLOUR MILL.

Me ssrs. Kriebel and Laws attended q
meeting Of prominent farmers at the Bar
clay school recently, having in Wow the
change Of location of their proposed Touring
mill from Monroe. or its immediate vicinity
to some point further north, in this county.
There were about thirty-fve persons pre-
sent, with Mr.. Wilbur Starr IN the chair.
After few expressions of opinion by some
of the interested parties, the important mat
ter, where to build the mill? came up for
discussion, and developed the extraordinary
fact that each man present had private pre-
ference for his own individual and particular
farm, while all expressed desire to have
the plant anyhow. From working plans
and specifications which were laid before the
meeting, Mossrs. Kriebel and Laws explain-
ed fully and minutely the details of their
mill; which, in substance, would be: Capac-
ity, so barrels; 34x40, so # high; with crib
elevator 5cx5O, 6s # high. and to cost about
,0CO; to be handy and complete, with all
the latest points in perfected milling ma
chinery and devices.
Several sites were then suggested, dis
cussed and voted upon without any definite
results having been reached. At the sug-
gestion Of the chair, Mr.. Kriebel explained
that the firm had bonded Monroe mill site
Tor $3, 500, but that from personal knowledge,
the reports of experts who had since viewed
the location, and from assertions of the gen.
tlemen who were at ono time interested there
in, the fact was amply established beyond
question that the water power at that point
is absolutely useless for mill purposes; and
as steam power was imperative, location
had been selected on the property of e.
Maude, esq.,, one and one.half miles north
of Monroe, which possesses the advantages
of being central, OF being near the shipping
station of Liverpool landing-at which place
they have grain and freight warehouses
of first cost.
Favorable speeches were made by Messrs.
Edwards, Williams, Miles Starr and the
chair, after which Mr.. Major Bruce launched
into characteristic flow, in which the popu-
listic properties predominated, to the effect
that the proposed mill was not located on or
within short distance of his place, why he
would have brand new mill Of his own
built to su;t him right away, etc., which pro-
voked smile or two by those present who
heard and remem bered his celebrated "alms-
house" political speach Of two years ago.
The meeting was u pleasant affair and a
success too, plenty of support was pledged
the gentleman having it in charge-notably
by the we'll known firm of A. Wilhelm &
Sons, who added the magnificent sum of 81
to their handsome subscription. That the
mill will be built is now an assured fact and
construction will commence just soon as
the condition OF the road will permit of the
delivery of the necessary matcriai x.
All Inc tatest ~. uia9 songs la full
sheet music size at Conoyer's.
The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1896-03-19

The College Barometer, the new college
journal, made its first appearance yesterday.
1t contains twenty pages of reading
matter, besides several pages Of ads-more
than either of the local Papers-and is made
up in pamphlet form. It claims to have becn
started to fill the proverbial ''long felt want"
and the GAZETTE trusts that this "want"
will be ''fully filed" The efforts Of the
young men and women having the en-.
terprise in charge are commendable, and
they deserve to succeed. The reading mat
ter evidences much literary merit, and if the
mechanical work had not been so horribly
botched, the first number Of the Barometer
would indeed be credit to the institution.
The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1896-03-19
DIED

In Portland, March 1S, 1896. Joseph
Scott, son Of ofJoseph limerick and wife, aged
2 yearf, ii months and 80 days.
Blest be the noble throng,
With generous impulse stirred,
Who are bringing relief to the valley of grief
Where the child's song was heard.
Peace to them while they live;
Peace when their souls depart;
For friend in need is friend indeed,
And friend that reaches my heart.
j. III. s.
The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1896-03-19
Growing Old.

1rOW1u& OlQ.
[Original]
My thoughts run back to the early days;
These winter ewes, when the folks are out;
When the sum ofpleasures was held in plays,
And joy rang out in boyish shout.
With never a thought of another day;
With never a care and never fear.
Though I'm getting old and my head is gray,
can hear my comrades shout and cheer
I am home from school brim full of joy;
My mother draws me to her side,
And calls me her own darling boy;
The stay of all her hope and pride.
Sure, have not lived these fifty years.
The dates are wrong, tho calonders lie;
For my eyes are wet with my mothers tears,
And my cheeks from her kisses not yet dry.
Yet thers's something wrong with the boys
I meet,
For they say. ''Old man you're turning
grayv'
The boys now playing on the street,
With whom am never asked to play.
And the young girls, too, who used to smile.
With never sign of maiden fear,
Now shyly pass me on the style,
And never think of drawing car.
1t may be am older grown
Since they say grandpa, when go to
call;
If SO, the years have surely flown,
So have not seen them pass at all.
GRAY BkARD.
Corvallis, March 7, 1896.
The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1896-03-19

Ut .II- 2 Its = q. 2 : -
sheet music size at Conover's.
The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1896-03-19

Waiting for dead mems shoes is not
always pleasant occupation. County
Judge Burt, of Lincoln county, has been
very ill for some time and there were
some doubts of his recovery. Mr.. J. o.
Stearns, of Waldport, has strong ambi.
tions as an Office holder. and received
daily bulletins as to Judge Burt's condi-
ton. Several days ago, he heard that
the Judge had died, and he Immediately
prepared a petition to Governor Lord,
setting forth his devotion to the party,
his integrety as a man and his ability as
an Office holder. He incidentally men,
toned that Judge Burt had crossed the
dark river and that ]. O. Stearns would
be very proper man to fill the vacancy
Some twenty five of his neighbors sign
ed the petition and 1t was hastily forward
ed to Salem. Gov Lord waited few
days and receiving no other petition, con-
cluded that Mr.. Stearns was the only man
in Lincoln county that wanted the Office
and decia-d 80 ,,Ppolse him. He men,
toned the fact to Lincoln county WIS.,
1tor to the state house and was startled to
learn tha DE Burt had postponed his
departure iyae Glgss shores, SO no COM
mission wa ssuei Mr. Stearns' haste
has placed MIN in rather huniliating
position.
The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1896-03-19
Notice.

Notice is hereby given that from and after
this date the city pound will be located at
Fleming's livery stable on 3rd street, and
hereafter any loose stock taken up by the
city no;ind master will be found at said sia-
BILE. 9. o. WELL
Chief Of Police.
Corvallis, Or, March l6, 1896.
The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1896-03-19
RESULT OF MISUNDERSTANDING.

There is quite e discussion going on in
Benton county, Oregon, which appears to be
largely the result of Misunderstanding. In
bulletin recently issued by Pref. Shaw,
of the Oregon experiment station, analyses
were given Of clover hay, cheat hay, etc.,
and conclusions were drawn which were not
favorable to the latter. Some Of the far
mers Of Benton county who are partial to
cheat hay took issue with Prof. Shaw, and
as proof of the value of their favorite, de-
clare that they have fattened steers upon It
with decided success. Now, Prof. Shaw's
statements as to tho'relative feeding value of
clover and cheat hay were based upon the
fact that the percentage Of protein in clover
hay is GIL while in cheat it is only 3.9l. Pro-
tein, or the flesh and muscsl- forming por-
tion of food is scarcer and costlier than the
carbohydrates which furnish animal heat
and make fat. Protein is largely drawn
upon by milk and therefore clover which is
very rich in this element is hrst-class hay for
milch cows, while cheat hays which is decid
edly deficient in protein is very poor food
for milch COW. On the other hand cheat
hay stands we'll up in the fat-forming ingrs-
dients, being in this respect, as indicated BY
the analysis in tho bulletin, a little ahead Of
clover. The bulletin places tho value of
clover hay only 10 per cent higher than cheat
hay but tho market in Portland generally
shows difference OF so per cent in favor of
clover and this difference in price was made
long before the publication of the bullstia,
which shows that tho nract ical x.pc n of rsovs
of hay and chemical analysis agree in assign
ing higher value to clover hav than to
cheat hay.-Rural Northwest.
The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1896-03-19

Impoverished blood causes that tired
feeling. Hoods Sarsaparilla purifes, enrich
ss and vitalizes the blood, giving new life
and increased vigor and vitality.
Hoods Pills are easy to take, easy to opsr-
ate. Curo indigestion, biliousness, headache.
The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1896-03-19
o. P. FUND BEING D1spuRsHn.

Benton county has received her back taxes
sion of the circuit court hold in Corvallis last
Friday an order was made for the distribu-
tion of the fund arising from the sale of the
Oregon Pacific, and Judge Fullerton instruc-
ted Clerk Hunter to proceed with the
payment of the preferred claims with
out delay. Tuesday, claims aggrega-
ting about $50, 900. were paid and we're as
follows: E. w. Hsdley. 5000 for salary
as receiver; Benton county, SIS. .466.63; City
'of Corvallis, $423;' School Dist. No. 9.
$530.45; Linn county, $l0,04l.56; Lincoln
county, SIS, ,941.93, the latter amounts being
for taxes which were given priority in Ref
cree Woodcock's report.
About ten days will elapse before payment
of labor and material claims is begun. In
terest on these claims were allowed at tho
rate of per cent, so that computation of
the amounts will be necessary before any of
the fund applicable to the payment Of these
unpreferred claims can be disbursed.
As the preferred claims aggregating near
ly s59, 900 are paid or will be today. the prob
aoiitIcS LOT an appeal are extremely doubt
full. The amount yet remairing in the hands
of the clerk for distribution is about S34. 600
and is to be distributed among several hun.
dred claimants whose approved claims ag-
gregate nearly $35O,OOO. The cost of an APP
peal would probably not be less than 1000
and this fact, coupled with the uncertainty
Of success in the proceeding and the COM
small sum that would be involved
that ar appeal is unlikely, and wo may,
therefore, expect that the long, expensive O.
p. litigation will soon be brought to close.
Benton county is now on the shady side of
easy street. The sum received from the clerk
together with taxes now in course
Of collection, will reduce her indebt-
edness to approximately $4,000 and will
place her on better financial footing than
perhaps any county in the stete. This favor
able showing can be largely attributed to the
efforts of the county court which is entitled
to much credit for its economical and
methods.