The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1909-04-25
WAS VERY BUSY DAY
IN JUSTICE COURT
DEFENSE SPRINGS A SUR.
PRISE IN CASE AGAINST
OTTO SIVO.

a surprise was sprung In justice
court yesterday in the case Of the
state agains, Otto sivo, who was
charged with having shot Abel Hill
tunen IN the thigh with d revolver
This trouble arose over girl II is
said. At the conclusion OF the eW-
dence offered by the prosecution. the
defense offered in evidence an aft
davit made by Hiltunen in which he
declared that he did not wish 10
prosecute that he was the aggressor
in the ahray, that he was drunk at
the time and had assaulted Siyo with
out proyocation, and that Siyo had
therenpon shot in seli-defense.
Justice Goodman thcreupon dis.
missed the case, inasmuch as the
complaining witness was unwilling to
prosecute.
HiIiunen. while on the stand, had
told o story somewhat different from
the one recited In his affidavit, and
the prosecution was not disposed IN
the least to believe his statements n
the affidavit, but being more or less
disgusted with Hiliunen for making
such an affidavit and placing Il in the
hands Of the defense, the matter was
left 20 without endeavoring 10 pushit
II looks little AZ Il Hiltuncn was
willing 10 20 10 considerable lengths
10 quiet the matter and have an end
to Il,
Il was a busy day in justice court.
Another ease Of an exciting nature
was that oi the state against Nicholas
and Joseph Vitalich Of Clifton. who
were charged with mayhem, in that
they had chewed finger half of Of
Andrew Marincoyich. the complain.
ing witnesses The charge Of may.
hem, a state peni;entiary ofense, was
changed 10 that OF simple assault and
battery and the case against Joseph
Vitalich was dismissed. Nicholas was
found guilty OF assault and battery
aud fined $40 The fight arose over
the complaining witness's wife. who.
II was alleged, had been insulted by
one OF the Vi,alich brothers. The
scrap was pretty bad one, and the
trial yesterday was almost as bad.
Then there was another case. Fred
Chaplin, of one Of the logging camps
ont near Svensen, complained that an
other logger c. H Forester, a big
fellow, had sluRged him in the eye.
1t seems that Chapin was at Svensen,
and while reading letter Forester
came mp and wanted 10 know II he
tChapinl had been talking" about
him. Chaplin denied that he had. But
Forester hit out and his fist met
Chapin's eye. Chapin went down and
almost out. The trouble seems to
have arisen over some matter at the
camp. and Forester said Chaplin ac-
cuscd him Of getting the formers
Job. Forester was arrested and
came in yesterday and offered to
plead guilty to assault and battery.
But because the plaintiff, or Mr.,
Brownell, the the assistant prosecu-
tor. was not present the matter was
put of until Monday Meantime For.
rester Is out on sos bond.
The case against Anton Kuljis OF
Clifton, on the charge of running a
blind pig, was not called, He will be
arraigned tomorrow, probably Kuljis
is one al the Clifton men who were
fined at the February term Of the
court and it is likely TO go hard with
him for this offense, il proven against
him, He had applied for a license
from the county court but II had nos
vet been granted, II is said that
Kuliis has enemies up there who ars
irving to run him out Of the country
and from this same source it is hint
ed that there may be others up there
who sell liquors in an illicit manner
and are not disturbed
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