The Corvallis times. (Corvallis, Or.) 1888-1909, 1902-11-15
BENTON TRACY
THE EVIDENCE THAT SENT HIS
MURDERER TO PRISON FOR
LIFE,

/ MURDERER TO PRISON FOR
| LIFE,
All Circumstantial, Evidence, but
it Leaves no Room for Doubt
as to Heaton's Guilt-"Had
! Fight up in Oregon
and Betsy Served
ne Well"
A trial that will long occupy a
prominent place in the criminal
annals of Lane County, was that of
Heaton the man who murdered
Benton Tracy at Junction last
May, concluded last Friday. The
evidence was purely circumstantial,
but the threads in the web were
woven 60 closely that the guilt of
the accused was not questioned in
the jury room. The incidents pre-
ceding and following the six shots
that rang out from the saloon at
midnight, when told by many wit
nessss on the stand, all pointed an
accusing finger at the prisoner. II
had a fight up in Oregon. and Bet
sy (his revolver) served me we'll"
a casual remark made by Heaton
in California came up in court to
confront the prisoner, as did many
other accusing incidents Of similar
character.
The trial began in Judge Ham
ilton's court, Eugene Thursday
November 9th and was concluded
last Friday. District Attorney
Brown, his deputy, L T Harris of
Eugene, and Judge McFadden of
Corvallis appeared for the prosecu-
tion, Judge McFadden conducting
the examination of witnesses The
! counsel for defense were A G Wood
| cock and L Bilyeu, of Eugene. AT
ter three hours deliberation, the jury
rendered a verdict of murder in the
| second degree, and at 10 O'Clock
Saturday, Judge Hamilton senten.
ced Heaton to the penitentiary fol
life.
+ In Corvallis where Benton Tracy
was we'll known and universally
esteemed, there was much interest in
the trial. Below, the, TIMES gives
complete resume of the testimony
: as it was produced in court.
The evidence showed that Benton
: Tracy was bar tender operating
the Monogram Saloon Junction
City for two or three years prior te
May 19 last. That atabout 1871
on the night of May 18th six shots
were fired. the first shot sounded a:
| di-tant and within a minute five
shots followed in quick succession;
that Burt Heaton was a gambler
"broks;;" that 80 cents was given
him that night which he lost in a
game; that sundry persons had
given him money at and about the
time to buy meals; that he was seer
in the stairway 10 # N of the Gen.
ter of the front door of the Mono
gram at 1 p m on the night of the
murder; that he was seen by two
persons in front of the saloon with
| in five minutes of the shooting;
that he was also seen at the door oi
the saloon at 1915 on that nj
ght by the S P R R Co. operator.
/ All these parties identified
the murderer as Burt Ray
the deft Heaton; that Heaton had
seen about $500 placed by Tracy II
the till of saloon the same night al
lste as II p m; that Tracy with
a revolver at his side with
| five empty shells and cartridge box
open, was on the drain
board back of the bar; that th5re
were foot prints on drain board
and on the top of the bar; that Ira
cy was killed with>a 45.calibre un
ion metallic, the ball going through
the body at an angle of 55 degrees
striking the partition wall in the
saloon next to the billiard room,
the ball being found on the floor
Also that Tracy had dust on his
knees, thai where the blood wa:
found on the floor was in line with
the tracks on the bar and where
ball struck the partition. Drops Q
blood were marked on the floor
from a point about four feet from
; the opening the billiard room, back
Of bar and to where Tracy wal
found and following along on out
side of bar to doorsteps in front and
back again.
In one Of the sacks in the til
which the murderer secured was
five or six dollars in dimes and
over one dollar in nickels. Also 6
buckskin purse contain ing seven o.
eight $40 pieces; that Heaton wor,
! a black Derby hat, dark coat ant