Daily capital journal. (Salem, Or.) 1896-1899, 1897-06-03
THE CUTTING scRAPE.
Described by an Eye Witness of the
Berry Affair.

, spOndent notices an article in the
/ Statesman" in regard to row
which occurred at the Enterprise Lun-
Der Cos Saw mill between G. Roe,
of the Enterprise lumber company
and AT. Zumwalt of Lyons, and as it
is so far from the real facts we deem
it our duty to st te the matter as 1T is
and can be vouched for by Mr.. Ed S.
Smith who witnessed the whole thing
and is a'disinterested party and a very
reliable man. Mr.. J. G. Roe is the
agent for the assignee of the Enter
terprise Lumber Company, and as
such is in charge of all
SAID company's property here.
He has posted notices forbidding any
one to trespass on the property. Zum-
walt came up here from Lyons with
party by the name of Maybee and
made arrangements to move into
some Of the vacant houses belonging
to the enterprise property and Mr.. j..
g. Roe was in the act Of mailing up
some of the buildings to prevent him
to enter them and while SO engaged
Zumwalt and Maybee went past with
hammer and nails and proceeded on
to the mill and j. G. Roe went with
G. E. Roe and Ed Smith to forbid
him to tresspasS on the prop
erty. 1t seems that the five
men met under the mill and
Roe said to Zumwalt and Maybee
"did you not see those trespass no
tices' and Zumwalt said Eyes, Roe
said "that means keep off from
these premises. and you must go
out of here" Zumwalt said,
81 won't do it and he immedi-
ately began TO draw a revolver.
Just at that instant Zumwalt caught
his heel on some planks, which lay on
the mill floor and fell backwards on
them. Mr. Roe says he saw the re-
volver and that Zumwalt was at
tempting to shoot him as he fell
backwards and he jumped and caught
Zumwalt by the hand as he was in the
act of dscharging the revolver just in
the nick Of time. AS he threw it up
it was discharged, the ball passing
through Roe's clothes, making a
slight wound on the shoulder or breast
bone. Zumwalt had jack knife in
his, left hand and attempted to use it
on Roe, and Roe caught his hand and
held it away in such a posi-
tion that every time Zumwalt
attempted to stab Roe he drew the
knife across his own face making some
ugly cuts. Mr.. G. E. Roe came up by
this time and j. G. Roe asked
him to take the hand which held the
knife while he secured the revolver:
J.C. Roe, then chOaked Zumwalt, un-
til he began to beg for mercy and
said he would give up the revolver and
put up the knife and 90 away if he
would let him up, which was done
andZumwalt then left in company with !
Maybee, who in the meantime had
run away after being stopped from i
striking J. G. Roe with large piece
of scantling, by g, E, Roe. Your icor-
respondent has taken pains to inter-
view Mr.. Smith, who seems to be
party, and is willing
to youch for the truth of the above
statement, and we think that
the Statesman or any other paper
should not be so anxious for news as
to publish such a Misrepresentation.
Mr.. Zumwalt claims bill
of sale of some lumber at
the mill; which both the assignee
and the laborors say was given to
cover up the lumber by j. S. Lee, one
of Enterprise Lumber company part
ners and as such is fraud. But be
that as it may Zumwalt must know
that he was trespassing, as he admit
ted he had seen the notices which
were posted and if he has any claims
to the lumber, should take them up
with the assignee in a legal
way. He evidently thinks
that the best way, as he