Daily capital journal. (Salem, Oregon) 1903-1919, 1904-02-20
German Farmer Who
Laid Down Some
Rails
He Was EXOnerated by the
Jury From the Charge
of Removing a Line
Fence

noon. the case of the state against
Matthias Springer was heard before a
jury, and the defendant was acquitted.
The charge against him was the
throwing down of a fence not his own.
The Jurors trying the case were j L.
Freeland, H, Pohle, r. D. Gilbert, F.
r. Davis, W. 2. Miller.
The fence thrown down, so the state
claimed, was the property Of j. w. La.
Follett, and was on his land. That It
divided the property of Mr.. Henry
Harpole and Mr.. LaFollett. The de-
fense urged that the fence was four
feet on Mrs. Harpole's land and was
the property of that lady, built by her.
that Mr.. LaFollett's fence does not
stand.
J. w. LaFollett was called-Owned
200 acres of land, nearly all in South
Prairie. Owned 64% acres adjoining
the Harpole farm. Springer farms the
land adjoining. Found his partition
fence between his own and Harpole's
land had been removed. He built the
fence February 9th. from the road
half way across the field, six feet from
the Harpole line fence When com.
pleted he turned end of fence and
Joined It to the Harpole fence. Same
date he found Springer tearing down
fence. First partition fence washed
away in food of 1890; was rebuilt.
Later Mrs. Harpole rebuilt partition
fence Witness then built fence on
his own land a part of the way, then
Joined onto Mr.. Harpole's fence, which
last panel, joining the two fences, was
thrown down by Springer. Had been
feeling between the parties. Had kind
ly feelings toward Springer until lat.
ter threw down fence. Had no agree.
ment with Mrs. Harpole on building
separate line fences. leaving "dev.
IFS lane" Witness explained he
built fence on his own land to keep
out of trouble, and to own half the
fence, the other half of the fence be-
ing the property Of Mrs. Harpole, but
standing on the line; stated that his
fence was down In another place, and
the land was not entirely enclosed.
Emil Beier-Works for LaFollett,
helped build new fence on February
9Th; built fence 80 rods, then Joined on
to line fence. Corroborated testimony
of LaFoiiett.
w. ID. Chittenden-Lived near Mr..
LaFollett, and worked for him. Cor.
roborated the other two witnesses.
Was with LaFollett and Beler when
the new fence was built on February
9th, and when later in the day,
Springer had come out and expressed
his pleasure at the building Of the
fence. Wire fence was constructed
on Harpole's land, near the line, and
LaFollett's new fence about eight or
nine feet from the wire fence, on La,
Folletts land. Wire fence placed
where old line fence stood before the
1890 food. LaFollett always farmed
field up to wire fence. Two panels
We're thrown down by Springer; the
destroyed fence being on LaFollett's
land.
At the close of the states testimony
the defense moved a verdict dismiss.
ing Mr.. Springer, for the reason that
the land was not enclosed, according
TO the states witnesses, and that II
further showed that the boundary line
was In dispute; also that no criminal
intent was shown. The court over.
ruled the motion. and the defense ad-
mitted in evidence but objected TO on
the ground that Mrs. Harpole knew Of
many Of these things only by hearing
J. Yegley Fletcher Harpole and
Mrs. Celia Springer the former
neighbor, and the last two son and
daughter Of Mrs. Harpole, testified to
the building OF the old line fence, four
feet from the line. on Mrs. Harpole's
lahu. ihe witnesses TOLD great deal
OF the ill-feeling between the neigh.
bors.
Matthias Springer the defendant,
stated that the old fence was on Har-
poles land, that LaFollett built his
fence on his own land a part Of the
way. and then Joined on the Harpole !
fence He laid the last panel on the |
land onto LaFollett's land. He
the fence under order Of Mrs
Harpole. LaFoIlett's fence was open
al winter Witness removed six rails
on Mrs Harpoles land onto LaFol-
letts land. Did not know about the
survey. !
This closed the testimony for the