Daily capital journal. (Salem, Oregon) 1903-1919, 1906-06-30
BARNES
A MUST
HANG
Ae viii be Sentenced at the
Term of Court Beginning
at R0seburg July II

The supreme court has this week af.
AIMED the decision Of the lower court
N the famous cases Of the State Of Ore.
oou VS.. John O. Barnes. The defendant
was convicted of the crime of murder
n the first degree for the killing of
william Graham, April 2s, 1905. He
sppeals from the judgment of death
which followed, on the ground that the
evidence, which is wholly circumstan-
.isl is insufficient to warrant convie-
ton.
The trial, which occurred in the last
0dober term of court, attracted much
attention. But the jury had little diff
Guilty in bringing in a verdict of murder
IN the first degree and Barnes was SEN
fenced to hang December Is, 1905, but
he obtained stay of proceeding, pend
linz the appeal of his cases to a higher
court.
At the trial it was shown that the
I,harred bones of a small-sized person
vere found in the ashes of a fire near
,hs railroad north of Glendale, May /,
usO5, and near by was found hat worn
By Graham, and in the ashes the metal
portion of knife which was identified
ts the property of Graham. On the
Irrass and fence were bloodstains, and
Ehe grass was trampled as though some
person had been dragged over it. A
3eather belt, also worn by Graham, was
Hound near the scene.
The evidence showed that on April
b Barnes remarked that Graham
klaimed to be a bad man, and that if
be ever made crooked move at him
be would kill him; that Barnes left his
kabin at O'Clock in the morning of
april 20, taking borrowed rifle with
bin. Five hours later he was in Glen
iale and paid bill with a piece of
hast gold which had been nodded by
Graham and had belonged to him.
Barnes was seen in the vicinity Of
Clendale several times, April 29 and
%. He made several contradictory
tstements about Graham having gone
|way When Barnes was arrested, on
Nay I, Graham's revolver was found
hidden under his cabin and later dia-
rOnd ring once worn by Graham was
Eound in a sack of potatoes in Barnes
abin.
The supreme court holds, as in the
Norman Williams case, that the death
a person alleged to have been killed
pay be proved by circumstantial evi'
snce, as also may the agency Of the
Hson accused Of the commission OF
be Offense. Reviewing the evidence
re outlined, the court holds that 1T is
Efficient to authorize conviction.
The opinion makes thorough digest
the testimony given at the trial and
|mcmdes:
"Circumstantial evidence is legal
fd competent in the gravest kind OF
'minal cases; and if it is of such
Aaracter as to exclude every reason
Ee hypothesis, other than that thu
nfty accused of the commission of the
tense is guilty thereof, it is sufficient
authorize a conviction. Believing
bat the attending circumstances ad
srted to are of the character indicated
nd that other alleged errors that have
zen assigned are unimpoHant, the
pigment is affirmed"
Barnes has been at the penitentlary
N several months past and will now
feturned-t to Douglas county to DC
ssentenced.
1t is very likely that the case wiz
Wv come up for final disposition at the
am Of court which convenes Tuesday,
Hly II, for the purpose of receiving
Burns from the grand jury, which Is
meet again at that time.-Roseburg
issiew.