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

I he buried the carcass of the animal
two days later in his timothy field.
The case came to trial yesterday at
Jernoon before Justice Webster and
jury composed of ]. L. Mills, Cur
tbs B. Cross, e. A. Anderson, G. w.
Johnson, Jr., Will 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 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
| hi of
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
Zielinski owned or ever had a dog,
although he believed that such was
, | the case, but denied responsibility
| for it's death unless it was the dog
, which he caught chasing his sheep.
f. 1t appears from the testimony
y that there was but one black dog In
the neighborhood, that belonging t.
a Zielinski, but it seemed that two
: black dogs figured in this affair, onf
q of which lay moldering in the sun
- shine in the Munkers' field, ant
n wasting his sweetness on the deser'
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
6 at least, there was indeed a darl
+ mystery enshrouding the whole at
Z fair and it seemed the only way Il
= could be determined to the satisfac
ton of all concerned was that th'
Jury visit the scene of action a
Qulnaby station, and view the re
mains of the dogs in question, ant
this was finally decided upon ant
carried into execution. The jury
went down to Quinaby station OF
the o'clock Oregon Electric trail
last evening and returned at 6:20
, and they were no nearer a solution
to the mystery, it seemed, thar
they were before leaving the court
room.
, 1T seems to me-" pondered tn
court when considering the advisa
bility or necessity of visit to tn
? scene by the jury, and especial.
; since it appeared that both dogs, o
: one dog, or no dog at all, as the cas-
: may be, had been dead for thre
= months, that both of those dog
4 would smell just about alike by tn!
i time" Somebody then facetiousl
I remarked that, inasmuch as Curti
4 Cross might be considered an exper
l authority upon the qeustion o
T dead dog" he might be able to pas
= upon the identity of the twain o
> deceased CANNES, and they went
Mr. Shauble paid the fare of the jur
to and from Quinaby.
Now the question seems as near
4 satisfactory solution as it was be
d fore the suit was begun and, unles
K the jury is furnished with positiy
, evidence of the Identification of tn
& remains of the dog buried beneat
u the log, by means of the jaw bon