The Hood River glacier. (Hood River, Or.) 1889-1933, 1905-11-23
FRANK RIES
| GOES FREE
NOT GUILTY OF KILLING JAS. FOSS
SO Decides Jury Amid the AcclamatiOns
of His Friends-Ries Again
at Home.

at Home.
1t took the jury only an hour to
come to decision in the case OF
Frank Ries, and when it came into
the court room and the foreman OF
this body stepped forward and an
nounced verdict of "not guilty" the
spectators broke into applause and
crowded forward to shake the hand of
the man who had been ON trial for
his life.
The evidence in the case, apart from
that of Perkins, which was contradic-
tory and insufficient, in no way tend
ed to implicate Refs.
The trial was watched with much
interest by the residents of this sec
tion and many of the witnesses who
had been summoned to The Dalles to
appear in the case waited to hear the
words pronounced which made Ries q
free man.
The plea of Messrs. W. II. Wilson OF
The Dalles and A. A. Jayne of this
city for the accused 8 life was a strong
one aud left no room for doubt in the
mind of the jurors. The case went tC
the jury at 3 80 an shortly before {
O'Clock it rendered its verdict,
Ries came to this city on the beat
Saturday and was the recipient Of
much congratulation by his many
friends here. His mother and hii
brother accompanied him and they al
left for their home in the Mount HooC
settlement in the afternoon. Mucl
sympathy is expressed for the family
as it has cost them about all they pos
sess in defense of this unfortunate
member of their family.
The testimony as given in the cas-
is as follows:
At the opening of the Circuit cour
Wednesday morning, Frank Ries wa
brought to trial charged with TIN
murder of James Foss, whose charreC
remains we're found May II, 1905, il
the smoldering ashes of his Homestead
cabin in the Upper Hood River val
ley. The morning session was entire
ly occupied by the selection of jury
the requisite number being secured
shortly before noon, as follows:
W. II. McAtee, Joseph Means, q
s. Magee, S. A. Kislner,W. ii. Sharp
w. II. CLARK, Il. N. Benson, Georg
W. Otey, j. b. Haverly, Oscar Angel
A. II. Gillis and W. II. Ii. Dufur.
The statements of opposing oounse
we're heard upon reconvening at 2 /
M, the brevity of each making it pos
sible for the taking of testimony t
commence during the afternoon. U
to adjournment IL witnesses had bee
lexamined by the state, with less tina
half dozen to follow.
The court room was filed with spec
tators awaiting Judge Bradshaw
appearance at the opening of the tria
Both the accused AMI the murdere
man are farmers who had resided
number of years in the Mount Hoo
I settlement. They were neighbor'
: both bachelors, each living alone
his cabin near the Mount Hood roaC
! and each living the more or less ist
lated life of ranchers in that sparsel
settled section. Both we're well II
, garded in the community.
The defendant was brought int
court by Sheriff Sexton and given
{ seat near his counsel, W. II. Wilson
> of this city, and A.A. Jayne, of Hoo
) River. At the other end of the tab
as District Attorney Frank Meneft
and his assistant, Fred W. Wilson
All attention was given to the defenC
ant as he made his way through Il
court room with his guards. II
manner was composed and the res
: less rowing of his eyes alone evidence
! any nervousness that he may have fel
/ During the selection of the jury Il
4 prisoner watched the movement of h
, counsel and the jurymen as thu
|. we're call cd and examined them vii
e careful attention. Otherwise, his d
meanoI was calm and unrutiied.
# In the choice of jurymen, 18 nam
S were drawn from the box. Six
i these we're peremptorially challenge
' two by the state and four by couns
for the defendant. No juror was Q
u cused for cause. Rather singularl
Z the jurybox contained but the
j, names drawn, no special venire bel
. necessary. The jury, without exec
r tion, is composed Of farmers, no o
r of whom has ever had personal 6
a quaintance with the defendant.
!. In the following examination Of "
nesses, conducted by Prosecuting A
n torney Menefee, with Mr.. Jayne
v cross examination, the states oh
d witness of the afternoon was j.
?, Knight, farm living half m
Il Il from the Foss cabin. lie testifl
n, that on the night of May IL, Ft
70 came to his place, between 6 anc
ie o'clock, and ehayed in very stran
d and threatening manner; that he v
armed with a club, and became
violent in his talk and abuse Il
- Knight sent his wife and children
f doors, and finally, fearing persol
VI attack from uss, he went to the hot
and secured his gun and order
Foss to go away at once. This he d
Ie- saying that K light had been spal
re only on account of his little q
he Lena, aud that he (Foss) was ol
=, living for revenge upon his enem
il: anyway.
Ds, This incident took place only abb
lIi three hours b fore Foss is alledged
al have been killed. The witness a
Dc. testified that about one hour an
S. half afteward Ries came to his pl
II. and reported a similar attack fl
~ Foss, recounting the same violel
n; and threats that had been used tow
nd Knight. The two men talked
or matter over and expressed the CO
ne mon opinion of both that the ii
=" had come when Foss must leave
nd community or violence would
Der done.
r The witness testified that at
're time Ries remarked that he ha
- mind to get his gun and make /
retract what he had said or shoot b
Shortly afterwards Ries left
Knight place. 1t was also brou
o,nA In Ahn tnrtimnnu ihnt Ensa