Daily capital journal. (Salem, Oregon) 1903-1919, 1904-01-29

keep the morse, but they could make nc
agreement. The horse will not be
removed from Salem, but be here the
coming season. Told Castro they
we're ready to pay him for caring for
the horse. Knew defendant for IS
CroLs-examination-Did not say the
horse would certainly go to Califor.
MIA
Q. d. Crookham-Married Mrs.
Murrays sister Was acting for Mrs
Murray in taking charge Of the horse
Went to the stable Of Diablo. and met
Castro and told him that unless writ,
ten contract they would remove the
animal Demanded horse. Took lock
off the door, but did not batter IT,
Took out horse and led him to town.
When town was reached Crookham
was arrested by Constable Lewis, and
horse placed in barn and cared for |
I mo cross-examination.)
DR.. J. A. Richardson-Att6nded |
Murray during last Illness. At time of
death he also treated Mrs. Murray
She was in a highly nervous state dur.
ing husbands sickness. and after his
death she went into an almost total
collapse. She was nervous. almost
hysterical, and witness feared II
would border on insanity. This con.
tlnued up to the time of her trip to
California, about November 1st.
Cross-examination - Treated her
continually from her husbands death
to her trip south; she was in nerv
GUS, emotional condition. Threatening
selfdestruction, her grief being the
cause. He was compelled to give
hypodermic injections of morphine to I
quiet her Treated her since her re. 6
turn. Her condition now very much g
better Il
Re-direct-she was in condition to +
be easily Influenced to make almost =
any kind Of contract. In her mental n
condition she was unstable. Witness
often urged her to leave business
matters alone, and go TO California.
This closed the testimony in the p
case. II
Adams Cites Authorities. A
Mr.. McNary waived argument. Mr. y
Adams reviewed the authorities and -
proceeded to apply the same to the
,ase. The question Of Crookham's al. '
eyed larceny had been lost sight of.
rhe element Of felonious intent was
lot present in this case. A
In a case before the supreme court. .
Judge Thayer had held that where a
nan took a steer under order OF and
'wner, II was not stealing. There
vas no larceny intended. In 11th V
oregon, state VS.. Sway it was held v
aking cattle on range under mlsap. =.
was not a crime. In State
rs. Eastman 10Th Pacific. taking
marc to secure a debt due for wages, v
leld to be not a crime as II was done
n open day and without felonious In. }
ent. S
In 18th Mich, People VS.. Hillhouse.
eld that property taken in good q
aith under a claim Of right without =
elonious intent, was not larceny. L
In SSrd Alabama, Black VS.. State. c
man charged with stealing a hog =,
aking was open notorious and ayow. =
d. and no secrecy or denial, the man
'as discharged. There was a strong c
resumption OF innocence. In 79th
eorgia. a man charged with stealing II
bell, taking II under fair claim of
ght was not larceny. Sc
Mr.. carson's Argument
In this case every feature OF Grim.
ial intent was absent II such civil
'ntroversies were permitter TO be
led on a criminal charge. there was
use trying any civil suit AT ex.
'nse Of private parties. This was
any an action OF replovin tried AT
ate expense. Il was a prostitution of
court Of Justice to carry on such MI
'''on TO right civil wrongs. Under
' guise OF this procedure for re.
very OF the horse the taxpayers
OF the bill. The question Of lease
castro was the point at Issue. No
'e imagined for a moment that a
'rse had been stolen in this case
lere was no pretense OF contract
rs Murray having been shown 4.
hys'erical and mentally unat TO
axe contract II the civil side
er reached trial it would be shown
At no contract existed. There had
u no crime committed and there mar
IS no foundation for a civil suit
Mr. sIatsrs Argument
The prisoner did NOT nrot,..4