The Hood River glacier. (Hood River, Or.) 1889-1933, 1905-11-16
UNDERWOOD
IS ACQUITTED

The November term Of the circuit
court convened at the county seat
Monday morning.
The most impotant cases before the
grand Jury we're those Of Charles I'M
derwood for the murder of Dick Oar
nell at Cold Springs and that Of Frank
Rivs for the alleged killing Of james
Foss at Mount Hood settlement. In
this case Menefee * Wilson appear for
the state and A. A. Jayne for the de-
fense.
While but about a half dozen wit
nesses have been subpoenaed in the
former case, something In the neigh
borhood of forty will testify in the
Refs trial, Chief among the witnesses
In this case is George Perkins, who
on the night that Foss was murdered
said he heard shots, and going over TO
the Foss place met Refs, who told him
he had murdered Foss and asked him
to keep the matter quiet.
In the cases of Underwood and Mary
Aleck, who murdered squaw, the
district attorney called the grand
jury, which was drawn as follows
Andy Allen, foreman: A. +. Carlson,
l.. j. Klinger, G. r. Chrisman, Geo
w. Parsons, Hans Lage, and }. L.
Anderson. All but four Of the regular
panel Of jurors was secured, two hav-
ing left the state and two others hav-
ing passed TO that bourne where they
have no need of iuries. Two we're al
80 excused-Al Bettlngen and IL. Hill
gen.
James Harper and Glenn Allen were
chosen court bailiffs and A. A. kellre
grand jury bailiif.
Among other cases of interest which
will come up this term In the case OF
Emily McWethy vs. Dalles City, q
case to recover damages for injury
received through carelessness on the
part Of defendant.
The case of Underwood was the first
to be considered by the grand jury.
1t was taken up by this body on Mon
day and deliberated upon until ] 10
Tuesday morning when they brought
in a decision of "not a true bill, "
and Underwood was released by order
of Judge Bradshaw.
Ii will be remembered that on Sep
tember II Underwood murdered Dick
DarnalI at Cold Springs, about eight
miles from Tygh Valley. The trouble
arose over the refusal of Underwood
to give Darnell's wife some apples
from an orchard which he had rented
Of Darnell. The owner came down on
the same evening and raised a ter-
rible uproar, compelling Underwood
to walk to his place in his stocking
feet at the point of revolver and
apologize to his wife. He also threat.
ened to kill Underwood Next morn
ing when Underwood was working on
barn at the Staats place, Darnall
came along with his gun and soon
shots we're exchanged and Darnall
fell. Neighbors out there claimed
Darnall was quarrelsome man and
that Underwood was justified in kill
ing him.
lie was, however, bonnd over and
for two months has been an inmate Of
the @, unity jail. He Is young man
of % years and seems to be we'll
thought Of by his neighbors, who are
today congratulating him. He seems
delighted and says he will leave for
his home In a few days.
The grand jury Is now investigat-
ing the charge against Allen Hart for
assault with a dangerous weapon on
the person Of L. W, DeElart at Viento
In October.
On motion Of District Attorney
Menefee the case Of the state against
Ward st. Johns for larceny at Cas-
cades was dismissed.
A case against Joe Craft for cutting
telephone poles belonging to Matthews
at Nansene was also dismissed.
For the first time In many years the
district attorney has requested the
empaneling Of grand jury to inquire
into infraGtions Of the law at The
DHlles. His action has caused q ripI lt
of excitement among certain classes,
especially those who have tempted the
goddess of fortune across the "green
cloth. "
For year and half past The
Dalles has been supposed to be q
closed town, but IL is generally be-
lieved "quiet games" have been con
Quoted in secluded retreats, and those
who have INDUCED In chance around
the tables of back rooms are fearful
that possibly their games have come
to the attention of some of those who
have been drawn on the grand jury
and indictments may follow.