Daily capital journal. (Salem, Oregon) 1903-1919, 1910-09-02

/ he buried the carcass of the animal
two days later in his timothy field.
The case came to trial yesterday at
ternoon before Justice Webster and
jury composed of ]. L. Mills, Cur
tbs B. Cross, E. A. Anderson, G.. W.
Johnson, Jr., VIII G.. Evans, and o.
l.. McPeet. Some testimony was
taken on both sides when the jury
and counsel adjourned to the scene
of the alleged dog slaughter to view
the remains of the dogs which figure
IN the case and the case was carried
over and resumed at 9 o'clock this
morning.
Henry Zielinski, supported in his
testimony by his father, mother and
brother, John Zielinski, testified
that Shauble had shot and killed his
black dog, which had never in his
, life chased or killed an innocent
ram, lamb, eve or wether, and with
out the slightest reason or provoca-
ton, since the dog had never
harmed a living soul, and he
claimed that the carcass of his dog
had been left to rot in the Munkers'
! field and spread an awful stencil
through the circumambient atmos-
phere and along the public highway,
up to two weeks ago, the last time
he had seen the carcass. He priced
the dog very highly, as watchdog
household pet and cowdog, and
prayed the court for a decree in the
sum above mentioned as balm to his
outraged feelings.
Mr.. Shauble, on the witness stand
admitted having shot and killed a
black dog upon the date mentioned,
which, he claims, he caught in the
act of chasing and trying to kill his
sheep, That he had carried the car
cass frem the road into his field,
where he allowed it to lie for two
days and then buried it. He denied
absolute knowledge that Henry
J Zielinski owned or ever had a dog,
although he believed that such was
the case, but denied responsibility
| for its death unless it was the dog
which he caught chasing his sheep.
1t appears from the testimony
that there was but one black dog ir
the neighborhood, that belonging to
| zielinski, but it seemed that two
black dogs figured in this affair, one
of which lay moldering in the sun
shine in the Munkers' field, and
wasting his sweetness on the desert
air so to speak, and the other lay
buried in the Shauble field. 1t re-
solved itself into a question of the
veracity of the two witnesses, or,
at least, there was indeed a dark
mystery enshrouding the whole at
fair and it seemed the only way it
could be determined to the satisfac-
tion of all concerned was that the
jury visit the scene of action at
Quinaby station, and view the re-
mains of the dogs in question, and
this was finally decided upon and
carried into execution. The jury
went down to Quinaby station on
the o'clock Oregon Electric train
last evening and returned at 6:20,
and they were no nearer solution
to the mystery, it seemed, than
they were before leaving the court
room.
at seems to me-" pondered thu
court when considering the advisa-
bility or necessity of a visit to the
scene by the jury, and especially
since it appeared that both dogs, or
one dog, or no dog at all, as the case
may be, had been dead for three
months, "that both of those dogs
would smell just about alike by this
time" Somebody then facetiously
remarked that, inasmuch as Curtis
Cross might be considered an expert
authority upon the qeustion OF
dead dog" he might be able to pass
upon the identity of the twain of
deceased CANNES, and they went.
Mr.. Shauble paid the fare of the jury
to and from Qulnaby.
Now the question seems as near a
satisfactory solution as it was be-
fore the suit was begun and, unless
the jury is furnished with positive
evidence of the Identification of the
remains of the dog buried beneath
the log, by means of the jaw bone