The daily journal. (Salem, Or.) 1899-1903, 1902-06-26
PLEAD
NOT
GUILTY
MarkIey'S Preliminary Ex-
animation Friday
Coroner's Jury Charges Him
With Murder

John f. Markley was arraigned be.
fore Justice O'DOnald on the charge
OF murder I'm the first degree. He
pleaded not guilty, and Friday morn
Ing. at IL o'clock was the hour fixed
for the preliminary examination.
The complaint charging MarSley
with the crime was sworn to by Frank
Osborne, Justice of the peace of
Champoeg district The information
charges Markley with murder commit
ted on June 25th, when he "felonious-
ly, purposely and of deliberate and
premeditated malice, kill said j. ID.
Fain, by then and there unlawfully,
felonlously and purposely shooting
the said ]. ID. Faln with a firearm, to-
wit. a shotgun"
coroner's Jury Accuses Markley.
Coroner d. +. Lane and Deputy
Prosecuting Attorney John II. Nc
Nary conducted an inquest over Fain's
remains Wednesday afternoon. A jury
was empaneled, consisting of j. e.
Eldridge, E. A. Vandamme, w. II. Nc
Kay, Patrick Geelan, G.. A. Eberhard
and A. V. Buyoorie. After hearing the
testimony of a dozen witnesses, the
jury returned a verdict finding that
wound at the hands of John +. Mark
ley.
The testimony at the inquest showed
that Markley had threatened Fan's
life, that Fain, In going to his barn,
was Obliged to pass through an en-
closure at the rear of Markley's store
building, that he was shot to a reason
able certainty by Markley from the
back door of the store, as smoke was
seen passing away In the air from the
doorway Immediately after the report
Of the gun.
Several witnesses testified that Fain
had told them that Markley had told
him, about six weeks ago, that he
would give him (Fain) just SO hours
to execute to him (Markley) a deed to
the land upon which the store was
standing, or he would "fx him." JUS
tice of the Peace Frank Osborne says
he was among the persons Fain told
of Markleys threat, and that he ad-
vlsed Fain to have Markley placed un-
der bonds to keep the peace. Fain,
however, said that he did not wish to
take that action, since he was prepar-
ing to leave Champoeg, and for the
further reason that he did not think
Markley was a dangerous man, and
would carry out his threats.
Feeling Against Markley.
The public feeling against Markley
in the north end Of the county is In.
tense. Residents of that section con
slider the murder to have been cold
blooded and unproyoked, and ap-
parently premedtated. Justice of the
Peace Osborne, who took charge of
Markley Immediately after the shoot
ing, says that, but for him and the
timely arrival of Deputy Sheriff Col
bath from this city Markley would
have been lynched, since
about 20 men, equipped with ropes and
guns had collected at the store for
the avowed purpose of avenging the |
cOwardly murder of their fellow |
townsman.
Charged With Murder
A criminal information, charging |
Markley with murder I'm the first de- |
gree, has been lodged against the ac-
cused murderer. Deputy Prosecuting |
Attorney McNary spent Wednesday at |
the scene OF the shooting collecting
testimony and evidence TO be used In
the prosecution of the charge against |
viii Be Buried at champoeg.
The remains of Faln will be buried /
at Champoeg, after funeral services
In that town. Before re-
turning 10 Salem Wednesday evening.
Coroner Lane gave instructions con
corning the burial of the murdered
man.
An Injustice Done.
The people of Champoeg feel that
an injustice has been done them, In
the published reports OF Wednesdays
In representing that mob
Of any kind was formed, or was even
dreamed OF. They admit that their in
iignation was greatly aroused, but dis
claim any Intention of calculating 10
take the law in their own hands and
10 any violence 10 the suspected muir