Rogue River courier. (Grants Pass, Or.) 1886-1927, 1912-03-01
FORMER CHEF OF POLICE
CONTINUED from Page ID

man premises. Tne officers thought
the company, embracing Mr.. Bixby'
were resisting the officers in the
legal discharge of their duty The
whole affair was one of two parties
each mistaken in the motives OF the
other. shooting each toward the
other. The integrity and high char
aeter of Mr.. Rowley cannot be ques-
toned.
, The motives of Mr., Bixby are be-
yound impeachment Rowley and
Bixby stand as unfortunate victims
of an honest effort made by Rowley
to enforce an ordinance which was
clearly being violated.
IF Mr.. Rowley fired, as he claims,
only with intent to frighten, and
such act resulted in great bodily in
Jury to an innocent party, there is a
wantonness manifested clearly COW
cred by the statute.
And if the court finds that de-
fendant committed an assault with
out a murderous intent or that de-
fendant was guilty Of wanton injury
to the person OF Mr.. Bixby, though
such is not embraced in the com
plant on file, he should, in my
Judgment, hold the defendant"
It was clearly evident that the
prosecuting attorney had distasteful
job on hand, but he went through
with it with fairness. both to the
state and to the defendant.
At the conclusion of his address
Justice Holman announced that he
would hold Rowley to the grand jury.
Mayor Smith Testifes.
At the late afternoon session yes
terday Mayor r. G. Smith was called
as a witness and testified that he was
mayor; that on the evening of the
raid he was called on the phone and
told that Wickman was on the way
to town with a load of liquor He
then called the police and told them
to locate and get search warrant and
seize. His reason was that he had
been informed that Wickman had
been hauling liquor from Woodyille
for months past.
Mr. Rowley took the stand in his
own behalf, and detailed occurrences
of the evening. He stated that while
he was under the creek bank he fired
two shots from the larger of two pis-
tolls he had, but sent the bullets in
to the ground near him This he
did said the witness, in an effort
to intimidate the crowd on the bank.
He also testified that at the begin
ming OF the trouble he notified
Wickman, who was the first individ-
ual to come to the shed, that he
(Rowley) was the city marshal.
Officer Rogers was called and de-
tailed events of the evening, the I'M
portant feature of his testimony be-
ing that he and the other officers
heard members of the crowd say they
would get them" and they, the Of
ficers. believed they would be shot
and raced from the barn, he and Jor-
dan in the lead and Rowley follow
Ing, Rowley to the creek bed and the
other two across the stream.
Walter G.. Harmon.
Another witness was Walter C. |
Harmon, who testified that ne saw
The man who shot Bixbys that it was
not ROwley; that it was smaller
man who wore a short coat. (Row- |
ey wore long black overcoat the
night of the shootingD Harmon said
he. was at one time within Is feet of
he shooter; that when the man shot
Bixby that he (the gunman) went
away in an opposite direction from
where the trouble occurred and that
he did not see him again.
A Sharp Question.
Attorney Johnston, for the defense
lad Hugh Bixby recalled Attorney |
Johnston then asked the. witness:
Has your family employed law
'er in this case?"
No, sir"
Has anybody that you know en-
'tOyed lawyer in this case?"
l can't give you their names"
nave you any idea who they are?"
They are business men"
What kind of business men?"
Il don't know"
This ended the testimony and the
ttorneys began their arguments.
rom Sundays Daily.
AS the result Of a liquor raid by