Condon globe. (Condon, Gilliam Co., Or.) 189?-1919, 1900-09-27
MANSLAUCHTER
The Verdict OF the Jury In the
Cooke Case. Sentenced
to Five Years Inn
prisonment.

The trial o. L. L. Cooke for the murder
Ioi Jatfoe Collins on the 9Th of last Jane
NJ the Junction Houae, seven miles thif
side Of Arlington, was commenced III
the circuit court on Thursday morning.
/ As announced In cur issue oI
that day, Cooke entered a plea of mot
| guilty" on Wednesday and tho case was
set for 10 O'Clock Thursday morning.
Az the hour set the work Of empanelng
jury was begun and continued until a
late hour that night, when, after ex-
hanstlng the regular panel Of 81 jurors
and u special venue oi 20 others, tho
trial jury was completed. The person
mel Of the jury 10 as follows: j. w.
Phillips, Fred Hanna, Mike schewe, A.
Hartman, +. II. Douglas, j. w. Ebbert
Jesse o. Lewis, d. Il. stricklin, j. J..
Wassop, W. 3. Smith, Marion Lanfber.
son and John Palmer. Promptly at 0 80
Friday morning the real work on the
case was commenced. Fred Wilson, Of
Tho Dalles, assistant prosecuting attor.
ney for this district, made tho opening
statement to tho jury on behalf oi the
state, outlining the coursc which the
prosecution expected to follow In the
trial. lilo WAS followed by Judge A. s.
Bennett, also Of The Dalles, who out
lined the course Of evidence to DO fol-
lowed by the defense. The statements
of both gentlemen were brief and 10 the
point and there was but little delay on
either side ia bringing the matter to
trial. The examination Of the witnesses
for the state was commenced at about
lO:3O Friday morning and the evidence
adduced was, 10 the main, the same Ms
that given at the coroner's inquest at
the time Of the killing, which was pub
lished IN the GIopE Of June IA.
DR.. Ruedy, Of Arlington. coroner OF
Gillian county, who conducted the in
quest, and Mrs. X. q. Ashpaugh, who
was the only eye witness TO the shoot
ing, were the principal witnesses, al-
though all the members Of the coroner's
jury were placed on the stand and re.
quired 10 tell what they had learned OF
the affair at that time.
Mrs. Ashpaugh testified that she saw
Mr.. Collins drive to the rye field on his
mower on the morning Of the 9Th Of
June and begin cutting the grain; that
shortly afterwards che saw Mr. Cooke
driving band Of horses down the can.
yon, and that, when be saw Collins, be
left the horses and rode to where he
waai that she saw Cooke shoot, saw the
smoke and heard the report. and saw
Collins sink down; that later Cooke
came 10 her house aud asked her hns.
band 70 90 with him and assist In taking
Collins to the house, as he was badly
hurt that later Cooke again came TO
her house and said 70 her, "This Is
sad day for me. He Is dead and donI
know what they will do with me, but
II | had II TO do over again would do
the same thing"
Given in brief the story OF the sad
affair, as CLEANED from the evidence on
both sides, 10 substantially az follows:
The two men had had more or less
trouble for several years. Two or three
years ago Collins had Cooke and his son
arrested on charge OF cutting wire
fences. They were acquitted, and soon
afterwards young Cooke became insane
and was committed to the asylum at
Salem. Some timo last spring Cooke
filed on homestead, the tract embrac-
ing piece OF land which Collins had
fenced and was cultivating, the same
being at that time sown TO rye. In
April an item Of local correspondence
from the Junction Honse neighborhood
in one Of the Arlington papers,
which Collins resented and the author-
ship Of which he attributed TO Cooke.
A few days after said item was published
Cooke and Collins met at a neighbours
house and fight ensued, in which |
Cooke was severely beaten by Collins, |
receiving injuries which laid him up for
two or three weeks. As the spring and |
early summer passed, the crop Of rye on !
the land in question approached matu-
rity, and IL seems that both men claim
ed 1t. Cooke, II appears, made certain
threats against Collins in case he should
attempt to cut the rye, but whether or
not he warned Collins not to cut II, be-
fore the fatal morning, does not appear.
As before stated, the only witness TO the
shooting was Mrs. Auspaneh, and she
was almost one-hali mile away, 90 there
was no evidence offered as to whether or
not there was any dispute or alteration
Immediately prior TO the shooting.
Only one witness was examined Mon
day morning, and at 1880 a. m. Dis
trict Attorney Menefee opened the argu-
ment for the state, and in a clear, logical
plea to the jury set forth the case OF the
state. Mr.. Menefee was followed by ii.
II. Hendricks. OF Fossil, associate coun-
sci for the defense, in a short address,
and the court then took recess until
100 p. m. Atthat hour Judge a. s.
Bennett, OF The Dalles, addressed the
jury in one OF his best efforts, his speech
Ia pkiuw fne ono ouI ona k.if La....