Daily capital journal. (Salem, Or.) 1896-1899, 1896-12-03
HORRIBLE.
A Case worse Than Durrant,
A Farmer Charged With 0utraging
His Daughters.

, w llidIQ DlICudIus WIN I6SlutS wv
miles east of Stayton on the charge o
} rape, alleged to have been committe,
on his daughter Minnie Birchard
June 1, 1896, Fl. N. Huntley privat,
prosecutor, was held before Justic,
Johnson at a. m.
District Attorney Hayden appeared
. for the state, and Sherman, CondIt
and Park for the defendant.
Defendant is a man of about so
short, solid built, 'heavy gray bearC
and strong features. He wears a blue
Grand Army suit.
II. n. Huntley was sworn. Reside
at Stayton, had known defendant
since 1881, married his oldest daugh.
ter, swore out the complaint.
Cross ex: Knew nothing of his own
knowledge; was told by others. He
believed the crime had been com.
mitted.
Mrs. Huntley went on the stand
with baby in her arms. She is an
intelligent fine looking woman. Min
ME was her sister.
r. What has been his conduct
towards you?
| Objected to. Mr.. Hayden replied
that ordinarily the objection would
be correct, but this case must be in
yestigated in all its lights and all the
facts must be brought out. The in
tent to violate the law was in the
mind of this defendant when this wit
nes was young girl; it was the same
toward another sister, and then
| finally the act was committed on the
youngest daughter States attorney
declared he wished to show that this
man possessed an evil mind.
Mr.. Condit insisted that the state
must proceed to prove this particular
charge, not intention toward others.
In the Robinson case the testimony
introduced was to show his evil inten-
tions toward the one he was charged
with crime against, but to show an
evil mind toward others was not per-
tinent. 1t would not do to show
specific acts towards others as a proof
of the specific act here alleged. Such
testimony could not 60 before the
grand jury or circuit court.
0Counsel Sherman read Clark on
criminal law to the effect that every
fact or transaction which was part Of
the same transaction was admissible,
but no other.
The court overruled this objection.
Mrs. Huntley proceeded to state
that the defendant had committed
same crime on her at the age of twelve
and on her other sisters; it was at
home. This was attempted until she
was married, ABOUT twice a month:
she was married at 10. She swas
afraid of her father and never told.
CroSs-eX: Lived in Iowa, went to
Dakota, came to Oregon, six years ago; |
her father came out first; moved onto
a farm near here on Fern Ridge; he |
commenced attacking another sister
before she was married; talked it over
among themselves but did uot know
what to do; did not dare tell mother |
anything about it. Witness worked |
out and when ever she came home her
father made criminal assaults on her;
went to school little;c ould read and
write; never told her husband about |
this until after she was married;
knew his assaults on Minnie twice in
two years; Minnie told her; she went
to Stayton to school; witness told her
husband.
Mrs. J.C.Huntley: age 29;her father
assaulted her when she was only II
years;kept it up until two years before
she was married; he threatened her
life if she said a word; was afraid of
aim yet; he had tyfanized oyer the
children and mother always; he was
Dig and overbearing and mother knew
ne had abused the girls; she never
worked hard enough to suit HIM, and
he threatened her life;there was moth
ng but trouble in the family as long
Is she could remember; they talked to ]
lim about his conduct; it made him
lwful mad; witness knew it was not
lght, but told no one but her sister; !
iYed at Stayton and sometimes went {
o see her mother;knew nothing about
he assault on Minnie.
Mrs. Carrie Shanks: Was 20 last
february; married July 2S, ls95;at age
I ii was assaulted by her father; fam
ly had gone to Methodist church; he
'as lying on bed and called her to !
i'm; threatened her life; she suffered
rom it for two years; he continued to /
ssault her until 1895: during the G. 6
|. Il. reunion July 1895 at Mehama