The state rights democrat. [volume], April 11, 1873, Image 1

About The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900

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STATE RIGHTS DEMOCRAT
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XV. C. TWEED 4 LK.
DEALER IX
GROCERIES, PROVISIONS.
Tobacco, Cigars and Yankee Kotioca,
ALBANY, OREGON.
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erything in my line, and to merit i-ublic pat
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J. AY. BAIsDWI.Y,
ATTORNEY & COUNSELOR AT LAW,
Will practice In all the Courts In the 2d. 3dJ,
and 4th Judicial Districts: in the Supreme
Court of Oregon. and in tlie L nited tali-s i is
tnct and Circuit Court. Office up-siairs in front
room in ParrisU' brick blocit. First SC. Albany,
Oregon. vsniwyl.
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ATTORNEY AND COUNSELOR AT LAW
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- This house js the most commodious In the
ty. Table supplied with the Ut tbe tnarket
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ATTORNEYS AT LAW.
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fancy Soaps, Brashes, Perfumeries, Ae.
t reicriptioni Carefully Compounded.
All art eles and Drugs in oar line warranted
v of the best quality.
First street. Post Offiee building, Albany.
jull5v5n48yl
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V8n27tf.
ALBANY BATH HOUSE!
THE UKDERSIGNED WOULD RESPECT
fully inform the eitixens of Albany and vi
cinity that he has taken charge of this Establish
ment, and, by keeping clean rooms and paying
striet attention to business, expects to suit all
those who may favor him with their patronage.
Having heretofore carried on nothiDg but
First-Class Hair Dressing Saloons,
be expects to give entire satisfaction to all.
SChildien and Ladies' Hair neatly ent
and shampooed. JOSEPH WEBBER.
v3n33tf.
SOMETHING NEW IN DENTISTRY !
DR. E. . O. 8MITII, DEISTIST,
J WAS LOCATED IN ALBANY
. and baa the new invention
plate work, which consists ia
; inserting teeth in the . month without covering
the whole roof, as heretofore. It eives the
' -wearer the free use of the tongue to the roof of
the moath in talking and tasting.. It is the
Smith k Purvine patent. -.rTeeth
extracted without pain. ' Plates
mended, whether broken or divided. Office one
door east of Conner's Bank, np stairs.
. v7n45tf. ' , ' '
HEMORRHOIDS.
jL. CAROTHERS 4 CO'S "PILE PILLS
AMi OINTMENT" have now become one of
the standard preparations of the day; is pre
pared; and recommended for Piles only (whether
chronic or recent). Sufferers may depend upon
it, that this remedy will give them permanent
relief from this troublesome and damaging eom
plaintA Sent postpaid to any address (within the Uni
ted Statfes) upon receipt of price, $1.50.
I , A. CAROTHERS A CO.,.
'alOyll ' Albany, Linn Co,, Oregon.
' - ' i i
VOL. VIII.
THE BALL ROOM TRAGEDY 1
TRIAL OP ELI AS KEENEY
For Manslaughter in Idling Win,
Pelton in m Hall Room at liar
rlHburg, Jan. 31st, IM73.
A Full Report o the trial before the Cir
cuit Court for IJnn County, llelo-
nlnff April 3rd, 17:1 Ills Honor
Indira Konham, Presiding.
This cape, which has excited much
interest in Linu county since the com
mission of the deed, was brought np
for trial on last Thursday. Capt. N.
B. Humphrey, Prosecuting Attorney,
assisted by Geo. It. Helm; and
Messrs. Whitney A Dryden, II. Wil
liams and It. S. Strahan for the de
fense The case was called at 1
o'clock and the process of empanneling
a jury occupied most of the afternoon.
The full pannel was exhausted aud a
number of tallismen called and re
jected before the jury box was tilled.
The jurors selected were G. W. Crow
der, Jos. Moist, Ellis Knox, Jason
Wheeler, J. M. Churchill, Silas
Ilaight, Martin Luper, J. li. Smith,
Lewis Cox, Jacob Nye, S. Dawson,
and Jesse Archibald. The caso was
presented to the jury by the respect
ive counsel, after which the evidence
for the prosecution was introduced.
The first witness examined was
MART. TAYLOR,
who, being duly sworn, testified:
Was in Harrisburg on the 31st of last
January; saw defendant and Wm.
I'elton at an entertainment given .by
me at that place at that time. Pelton
was a musician employed by me to
furnish music for the occasion; 1 was
to give him part of the proceeds of
the entertainment.
PERKY HYDE,
being duly sworn, said : Was at Ilar
risbur on the 31st ot January last and
saw the Uinicnity between Jveeiiey
and Pelton. The first I saw of the
affair was near the stage whera the
musicians sat. Heard some one say
some neck-ties were missing. Pelton
remarked that it was a dirty low
down trick. Keenev answered.
I took the neck-ties, Lnt I done it in
a joke. Pelton replied that he still
said it was a low down dirty trick.
After some other remarks made in a
loud and augry tone I heard Keeney
say to Peltou : You are a d d son-of-a-b
hi A senSe and a fignt imme
diately ensned in which a number of
parties, including Pelton, seemed
lighting Keeney. The disturbance
was at length quieted and a proposi
tion was made to go to supper. lie
tore the party retired I saw Keeney
again standing in front ot Helton who
was sitting on a stool on the stage,
with the other musicians, playing the
banjo. Saw Pelton get tip and raise
a stool and strike Keeney from be
hind. From two to five minutes
elapted tatween the first row and the
time of the shooting.
Cross J-lmtinlned Arn certain that
Keeney strnek first in first row. He
struck with a fiddle, breaking the neck
of the instrument. Pelton sat on the
platform when secoud row began.
Keeney stood in front of him near the
edge of the platform. 'Pelton struck j
with a stool and Keenejr fell or
walked from the stage. Pelton struck
a second blow, and the report of pis
tol rang out when I saw Pelton fall
backward toward the stage.
JOHN GORE
testified: Was at the entertainment
given by Mart. Taylor ; saw Taylor
carrying the basket containing the
neck-lies up the hall; saw Keeney
take neck-ties from the basket; spoke
to Keeney about it. Heard Pelton
say it was a mean trick; Keeney said
he did it and called Pelton an ugly
name for saying it was a mean trick.
Pelton struck at Keeney, and Keeney
retreated to the door; next saw Kee
ney on the stage looking over the
rowd. Saw Pelton raise a 6tool and
strike; heard , the report of a pistol
and Baw Pelton fall ; also saw Pen
dleton act like striking at Keeney.
Cross Examined After the first
row saw Keeney first on the stage
near Pelton. Stood with his side to
Pelton. When the blow was struck
with stool Keeney's lace was towards
Pelton. Am positive Keeney was
looking direct at Pelton. Took part
in first row. Followed Keeney to
the door and struck at him. Took an
active part in the fight; caved round
pretty lively; mother tried to keep
me quiet. Went home with father
and mother; the doctor called at our
house because he heard I was shot;
don't know how the report was start
ed that I had been shot; was not
badiy frightened when the pistol was
fired; didn't find my clothes
soilded after the row. Didn't say I
was going in to whip Keeney; Pen
dleton took off his shoulder braces be
fore we went in the house. Took
them off to be ready for a row if one
occurred. Said I thought there would
be a row that night. Didn't know
whether the row would be with Ol.
Tompkins or Keeney. Had taken
one drink that evening; Pendleton
had also taken a drink. I was right
behind Pendleton when he struck
Keeney. '
.He-examined hy State's Attorney
Don't know whether there was any
ill will between Keeney and Pelton
before that night ; can't tell what the
relations were between Pendleton and
Keeney. Took part in the row be
cause I thought Pelton a weakly and
Keeney a stout man. There was
great excitement in the room after
the shooting.
Cross Examination Resumed Said
I took part in the row because Pelton
was not able to fight Keeney.
JAS. GORE
testified: Was at the ball at Hams
burg where Pelton was killed. The
first I saw was the stool raised ; heard
a pistol immediately afterwards.
Pelton and Keeney, were both off of
the stago when the stool was raised
and the shot fired. -
Cross ExaminetlTook part in the
row that followed ; struck at Keeney;
don't know whether I hit him or not;
Pendloton And others were striking at
Keeney. Ho was down on the floor
a part of the time; thought the boys
were making it lively for bioi.
OI.LIE lillOWN.
Was at Mart Taylors' ball. Know
Keeny, saw him come from behind
the curtains with a pistol in his right
hand. I went back behind the cur
tains; saw Pelton raise a stool to
strike Keeney.
Croxs Kramined Was on the
stage when saw Keeney; saw bim
walk to the edge of the platform in
front, of Pelton and saw Pelton
strike bim with a stool.
BEED PESDLETOX .
testified: Was at the ball when Pel
ton was killed. I know Keeney; saw
Keeney on the way as I came down
from the depot that evening; called
to him to stop wanted to see bim a
minute. Keeney stopped and we had
some words about an overcoat.
Don't think there was any conspiracy
among parties to whip Keeney that
night. Found cut that there was
two neck -ties gone; spoke to Pelton
about it; Peltou said it was a d d
mean trick, Keeney, who stood near,
turned and said, d d you, I did it,
and what have you got to say about
it? Pelton replied, I take nothing
back I think it was a mean trick.
Keeney then called Pelton a d d
s u of a b h and struck at bim
with a fiddle which he bad in his
hand. I then stepped in and took
the fight off of Pelton's bands be
cause he was a friend of mine and
not able to fightKeeney. The first I
saw of the second row I saw Pelton
with a stool raised and Keeney with
a pistol in bis band. The shot was
immediately fired and Pelton fell.
Two more shots were fired one
went into the organ.
Cross Examined Followed Keeney
to the door after the first row; took
my coat about half off. Had a talk
with John Gore out side of the
house. Took off my shoulder bra
ces; took them off so that if a row
was got up I would be ready for it.
Had not bad a row with Keeney
previously.
lie-Examined by State Jlml no
reason to think there would be a dif
ficulty with Keeney that evening
when took -off my shoulder braces.
JAMES KIELT
testified: Was at Mart Taylor's ball
on the evening of the killing; saw
Keeney on the platform; saw bim
step down near Pelton. Saw Pelton
stoop down and pick up a stool and
raise as if to strike Keeney; beard
the report of a pistol and saw Pelton
fall to the right; saw Pendleton
strike Keeney; saw Keeney fall
toward the stage and beard a second
shot. There was a general squabble
and I seen a pistol lying on the lloor.
Saw the first row; it was about five
minutes before the shooting. Heard
some talk about a neck-tie and saw
Keeney strike Pelton with a fiddle
and seen them clinch. I went out at
the window after the shooting.
CrosH Examined Didn't see Pen
dleton strike Keeney until after be
had struck Pelton.
WATKIXS
testified : Was at the ball when Pel
ton was killed. Saw the first row
in the ball room. Pelton followed
Keeney to the door and then went
back to the stage. Keeney went
around the bouse and came in at the
window at the back of the stage.
Was at the door when first shot was
fired. Keeney told me that he went
in at the window for fear the boys
would follow and jump on bim; said
his partner and bis hat and coat were
in , there. I told him I thought
everything would go off quiet.
Went to Pelton and he said all was
settled.
Cross Examined -Took part in the
fight against Keeney after the shoot
ing. GEORGE BBAXDEXBCHG
testified: Was at Mart Taylor's
entertainment and the ball that
followed the same evening. The
first I saw of the affray the parties
were on or near the stage. Saw Pel
ton raise a stool and then beard the
report of revolver. Keeney was
forced toward the door. Sometimes
he was up and sometimes down.
Saw a pistol in bis band and tried to
kick it out; saw it drop and saw Kee
ney grab for it; I kicked it with my
foot and seized it before he could get
it; (Pistol shown witness) that looks
very much like the pistol; have not
seen it since until sow. '
Cross Examined Saw Pelton
strike Keeney with a stool; struck
him on the back of the heafl just
above coat collar, The blow and the
shot were almost simultaneous The
second shot was about two seconds
from the first.
SAMUEL MANSFIELD 1
was at the ball when Pelton was kill
ed, just before the fight occurred.
DR. SHEPLEY.
I am a practicing physician. Ex
amined the body of Wm, Pjelton five
minutes after the shooting I also
made poxt mortem examination
twenty-two hours after death. Ball
entered the right breast at la joint 1
inch to the right of the center of the
breast bone; and three fourths of an
inch above level with the nipple rang
ing slightly down, and a little to the
left, passed through a smjall portion
of the front lobe oy the rifght lung.
Passed through the arch jof the aorta,
cutting a small orifice in its ascend
ing portion,; and cutting it three
fourths through in its decending
portion. Passed on thrc ugh a small
portion of the back lobe of the left
lung, lodging on the ribf beneath a
thin membrane, about one inch from
the back bone,, where I discovered
and removed it. The ejffect of the
wound must have been iinstant death.
ALBANY, OREGON, FRIDAY, APRIL 11, 1873.
MCCULLOCH .
CRt ified : Was at the ball at Canter's
Hall in Harrisburg when Pelton was
killed. Heard some one say that
somebody had taken two neck-ties.
Pelton said it was a d d dirty trick.
Keeney replied I did it and you are
a d d dirty 8 n of a b h. Keo
ney made a motion towards Pelton
and I saw Pendleton strike Keoney.
Keeney then left the house and saw
him next standing on the stage, a
few minutes afterwards with Lis
hands in his pants pockets.
W. E. MCCtrLLOCK
(shown pistol by counsel) I know
that pistol; it belongs to me; loan
ed it to Keeney on the day of the
tarty; bod loaned it to bim often
efore whin he took trips. Keeney
didn't say what he wanted with it.
llKNlUETTI OOKE
testified: Was at the entertainment
given by Mart Taylor when Pelton
was killed. The first I heard of the
fuss Pendleton was standing with my
son and Pelton. Pendleton suid
some one bad taken two neck-ties
and a lady was left without a part
ner. Pelton said it was a d d dirty
trick. Keeney stepped up aud said
be did it. Pelton said I take noth
ing back. Keeney said you are a
d d s n of a b h. I then turned
and went away. Had hold of my
son's arm part of the time.
Crm Examined Did not bear
Pendleton say whoever took the
neck-tie was a d d s n of a b h.
(Court took recess until 7. r! m.)
7 O'clock 1. M. Examination Re
sumed. LEVI DOUGLAS
testified: Am Constable of Harris
burg Precinct (showu pit-tol). That is
the one. I got it of Mr. J or Jon at
Horrisborg.
CHAKl.ES MIU.EII
testified: Was present at the ball
when Pelton was killed. Don't know
much about th killing. Was watch
ing the door to see that Keeney did
not come in after the first fight.
AU.KN PAIlKBIt.
Am Sheriff of Linn county. The
next day after the transaction I re
ceived a telegram from Harrisburg
informing me of the killing. Went
up the next day; found another par
ty under arrest; after the examination
was over I went to Eugene; thought
I bod found track of Keeney and
sent two men after hi to; did not find
him. Sometime after some of Kee
neys friends came to Albany to em
ploy counsel. They wished me to
swear out a warrant before Judge
Tandy and give Keeney a preliminary
examinrtion; stated that if I would
do so Keener would be forth coming;
1 stated that I would see the Prose
cuting Attorney ond if be was willing
I would do so. Prosecuting Attor
ney was unwilling and I did not do
it. I arrested Keeney at Swank's.
He came there and gave himself up.
Here the Prosecution rested.
The first witness examined for the
defense was
Jt. WV CANTER,
who testified : Reside at Harrisburg.
I did not see the first row in the ball
room. The first I saw of the second
row, Keeney was standing on the cdj;e
of the stage. Saw Pelton take off
his coat, jay it down and raise a stool.
Saw that he was going to strike and
endeavored to catch the stool; turned
to look for my wife and heard the
blow strike Keeney ; struck him on
the back of tbo head. Keeney was
standing with his hands in his pockets
when be was struck. Did not see the
shot ; the report ot the pistol was in
a few seconds after tho blow with the
stool.
Cross Examined Did not see the
first row. Saw my wife standing
near; don't remember who elso was
standing by. ( ltncss showed posi
tion of parties on the stage.) Plat
form or stage was eight leet from
front to rear; stood about four feet
from Pelton when he raised to strike
with the stool. Did not see Pelton
off the stage after the first row; saw
Keeney come on the stago from the
rear.
. JJirect Examination Resumed I
have the Hall in which the ball was
given leased. One of tho windows at
the rear of the stage was used on the
night of the ball for the actors to go
in and out at. There were steps to
come in at the window xroin the out
side.
JAS. MACY
testified: Was in Harrisburg on the
evening of the difficulty between Pel
ton and Keeney. Saw John Gore
and Pendleton out of doors about for
ty feet from the ball room. Gore
said, there is going to be a row
here; said it would be with nobody
but Eiias Keener. Gore and Pendle
ton went in the house and I followed
soon after and saw Keeney running to
the door and Jrendleton and John
Gore after him. He stopped at the
door and tried to put his hand in his
pocket, but the boys followed bim so
close that be again retreated. Saw
him again, soon after, on the stage
near Pelton and saw Pelton strike
bim twice with the stool. At the sec
ond blow the pistol went off and Pel
ton fell. Saw Pendleton strike Kee
ney ; they fought down the side of
the wall toward the door. Saw Jim
Gore run in and strike Keeney; sev
eral others struck him. ' He cried Out
"murder I" and I caught him and some
body else caught Pendleton ; in the
scuffle Keeney got away and ran. '
Cross Examined Saw the pistol in
Keeney's hand when the shot was fir
ed. Think the next shot was fired at
Pendleton. Pelton struck Keeney
twice with the stool. The stool fell
from his hand at the - report of the
shot. Think Pelton was in his shirt
sleeve's when he struck Keeney. -
' ' - JOHST MYRTLE .
testified : Was at the ball when1 Pel
ton was killed. ' Saw Keeney rnnning
out of the house and two or three fel
lows following him. Saw np more of
him until I saw him standing on the
stago. Saw I'elton strike him with a
stool ; had tho stool by tho legs.
Keeney fell over into the crowa be
foro the stago.
Cross Examined Have known
Keeney about two years. lie lives
at Junction City. Have not known
him to bo engaged in any business. I
am visiting ut Junction City; Iiavo
ijvcu at that place since last Novem
ber; have no business myself.
Direct , Examination Resumed
Don't know that Keeney ever kept a
saloon ; know that ho had a pat titer
at tho ball ; tho lady's name was Miss
Lasted; he brought her from Junc
tion ; thought front circumstances that
happened on tho way to tho ball that
ho had a pistol. Mrs. Pickett put her
hand in his pocket, and told . him not
to let it snap at her; I thought she
meant a pistol; don't know what the
lady put her hand in his pocket for.
Didn l seo Keeney drink on tho even
ing ot tho ball.
0. V. TOMPKINS
testified : Was present at the time
of tho difficulty between Keeney and
Pelton. The ball was a "neck-tie
party." Had taken my placo at tho
head of a quadrille. Pendleton and
John Gore camo along and said some
ono had stolen two or three neck-lies.
Pelton said it was a dirty moan trick.
Keeney said, hold on, boys; I took
one too many neck-lies, but that is all
settled; I have given it to Ol. Tomp
kins and the lady has got a partner.
Peltou repeated thai it was a dirty
mean trick. Keeney said, I don t
want you to say that tor it is all made
right. Just at that moment, Keeney,
who stood near me, was struck in the
tae by either Gore or Pendleton I
could not ttll which. There was
then s running fight to the door and
Keeney went out. Pelton camo back
to the stage and said to the audience,
all is now right. Soon after I heard a
rumpus on the stage, and luring round
I saw a stool raised in the air and
heard tho report of a pistol ; two oth
er reports followed soon after. (Court
adjourned until next day.)
Erid.t.j. April it,, S A. Jf. Ex
amination of O. J'. Totnjikiiut Re
sumed Was taking part in the dance.
Mr business was to sell tho numbers.
Mr. Canter was floor manager. Kee
ney gave mo the ny ck-tio and request
ed me to give it to another gentleman.
I did so; and the lady with whose
dre it corresponded accepted the
gentleman's company. Mrs. Pickett
was my partner.
11 US. PICKETT .
Ilcsidc at Junction. Have been there
a year. Was at tho dance where Pel
ton was killed. Keeney was in the
act of getting on the stage, with a fid
dle in his hand, when Mr. Gore and
Pendleton said somebody had taken
two neck-ties. Keeney said be did it,
but in a joke. I'elton said it was a
dirty trick ; Keeney said it was a joke
and he didn't want I'elton to repeat
the insnlt.
Cross JlxJiminedIAvc at Junction.
My name is Mrs. (not Mi) Pickett.
Mr. Tompkins was my partner at the
dance. Came from Junction with my
r.ephew and Mr. Keeney. Put my
hand in A'eency's pocket; I thought
ho had candy, but found a pistol and
jerked my hand out of his pocket; he
said, what's the matter with you?
told him that I was afraid that thing
would snap at me. Saw Pendleton
strike Keeney; am certain of that.
Vfeency did not strike Pelton. Pen
dleton, Gore, A'ceney, Tompkins and
myself were all I remember of seeing
on the stage at the time of tho row.
Did not see tho shooting. ,
MRS. SMELSF.R
testified : Live at Harrisbnrg; have
seen Klias A'ceney ; was nt the ball
when Pelton was killed; was close to
Keeney when Pendleton struck him.
A'ccney was looking at Pelton when
Pendleton struck him; struck him in
tho face. Jteeney retreated to the
door, followed by Pendleton, Pelton,
Gore and others. Did not seo much
of the hst fight ; saw a stool raised
and heard pistol.
Cross JxaminedT)U not see any
thing in Keeney's hand ; was standing
out on the floor when the pistol was
fired. The organ was on the corner
of the stage- Didn't see Keener
come in after the first fight. The first
I saw of him be seemed to have a
stool on his bead ; he was bent for
ward ; didn't see anybody have bold
of the stool; can't tell why I didn't
see anybody but him; don't know
whether ho came there armed or not;
didn't seo the flash of tho pistol ; have
not been drilled in my testimony.
SAMUEL SELLERS.
h
Was at Canter's Hall the night of the
killing. Saw the row. Heard Gore
and Pendleton say neck-ties were sto
len. Heard Pelton say twice, it is a
d d mean trick. Saw Pelton get up
and pull off his coat; saw Keeney re
treating to the door, with two or three
following him. Saw him again on
the stage; saw Pelton strike him
once with a stool and raise it to strike
again ; Keeney then commenced
shooting.
; ' Cross Examined Didn't see Pel
ton ; Keeney stood one or two min
utes on the stago before Pelton raised
to strike. Keeney might have had
something in his. hand ; didn't see the
flash of the pistol ; was trying to get
out at me wmaow ; imnic A'eiton iook
stool in one hand; . seen him fall; had
stool in his hand when he fell.
JAMES CASTEEL
testified i Was at the ball at Harris'
burg and saw a part of the difficulty.
The first I heard was some hard words
about neck-ties ; heard Tompkins say
that the thing was all settled. Am a
musician Keeney was to take my vi
olin and play while I danced. Vas
taking my place on tho floor when I
heard a row toward stage, and saw
Keeney running to the door pursued
by Gore, Pendleton and Pelton.
Saw second row; 6aw Pelton strike
Keeney with Btool ; saw him fall oh
the stage ; about that time I heard a
pistol.
Cross-ExaminedVfM fiddling for
the dance. The row was about P) or
11 o'clock ; saw Keeney with his hand
up as if to ward off blow of the stool j
didn't see pistol in his band; saw flash
of pistol. After third shot saw some
one knock 'Keeney down; (shown
stool,) think that is thfi stool. Don't
know whether he bad stool by leg or
by the seat; Pelton fell on the floor;
never spoke or got np after he fell.
Direct Examination resumed 1
knew I'elton ; ho was a tall bony roan.
He was drinking the night of his
death ; have heard him talk of fight
ing and wrestling ; heard him offer to
fight a man at Junction. . Saw John
(tore at the time of tho shooting. He
was standing against the wall, and
two or three ladies bad hold of him.
He was hollowing and seemed much
excited; saw bim carried borne.
CLARK MILLER
testified : Was at Mart. Taylor's ball
at Harrisburg; witnessed the row,
and beard parties on the stage talking
about neck-lies. Heard Pelton say it
was a d d mean trick. Keeney said
he did it in a joke. Pelton said, I
don't take anything back. Keeney
said something, could not hear.
Pelton sprang at Keeney ; beard a vi
olin smashed over somebody's head ;
saw an outsider strike Keener, who
retreated toward the door, followed
by Pelton and others. Keeney went
out, others stopped at the door and
como back. ' Pelton threw off his
coat as he followed Keeney to the
door; came back and put on his coat.
Soon after Keeney appeared on the
stage; saw I'elton get up and take off
Ins coat again and raise a stool and
strike Keeney on the back of neck.
Saw him strike Keeney twice. First
blow staggered Keeney. About tbe
time of second blow saw Keeney
shoot, and I'elton fall. Keeney had
his hand in either his coat or pants
1ockets with thumbs protruding when
to came on the stage.
Cross llxamincd Was at the ball
to play in orchestra. Keeney came
in from back of stage, Did not see
Olio Brown on the stage, would know
her it I were to see her. - Am certain
Keeney had thumbs protruding from
pockets. Am certain he was looking
toward 1 el ion when he tame on the
stage. Did not see Olio Brown go
behind curtains. I'elton fell croswise
of room. (Witness here traced dia
gram of room, and explained position
of parties.) Stage was in tbe east end
of the building. Keeney came in
from behind I'elton and advanced to
the front ot him. Keeney might have
had pistol in bis band and I not have
sceti it.
GEO. JORDOJT.
Attended dance at Harrisburg when
I'elton was killed. Saw the row.
Tho first I saw was Keeney and Tel
ton standing talking on the stage.
Heard Gore and Pendleton speak of
neck-tie; heard Pelton say it was a
mean trick. Keeney said he did it as
a joke. Saw Pendleton strike Kee
ney in the face ; saw Pelton, Pendle
ton, Gore and others follow Keeney
to the door. Pelton came back and
said all is now right, go on wilh the
dance. Saw Keeney re-appear on the
stage, and saw Pelton strike bim
twice; just as the second blow was
struck I heard pistol shot, and I'elton
fell dead near. Saw Pendleton strike
Keeney, and saw bim fall, and just
then another shot was fired ; beard a
third shot. Several parties seemed to
be fighting Keeney. Saw John Gore
that evening ; he seemed to be drink
ing. Cross Examined Company chose
managers. Some objections were
made to the men chosen.
WES. CA VINES
testified: Saw Pendleton' and Gore in
the house and on tbe side walk; heard
Pendleton and Gore talk while on the
side walk. Heard Pendleton say
there would be a row there. 1 asked
with whom ; Gore said by G d, with
with nobody bnt Klias A'eeney.
Heard Pendleton say something about
taking off shoulder braces to be ready;
Saw hint with his coat off. Parties
then went into the house. Went in
and saw Pelton, Pendleton, Gore and
Aeeney in a row. Aeeney came out;
met Pelton at the door ; he said I am
the man be called a son-of-a-b h. I
asked who, and he said A'eeney. Saw
A'eeney next on the stage. Saw Pel
ton strike bim with stool or strike at
him. Saw A'eeney spring back; as
Pelton struck again I heard shot, and
saw the stool fall from his grasp ; saw
Pelton fall. I took my lady out of
house, came back and saw Pendleton
and A'eeney fighting.' , Wm. Wadking
and John Gore took, part in tbe fignt.
Heard A'eeney hollow murder. He
finally jerked loose and got out of the
door.
- Cross Examined Saw two blows
with stool. A pistol was fired a very
short time after second blow. There
was a proposition after the show was
over and the neck-ties weredistributed,
to choose floor managers. . Damon
Smith 'was chosen, but deolined, and
Mr. Canter was selected in his stead.
Heard objections to 01. Tompkins
made by several of the boys. ,
... JAMES KEEJTEY
testified : Am brother of Elias. Saw
him on tho day after the killing of
Pelton. Saw bruise on tbe back of
his head and neck. Was Tefy stupid
and lay in bed almost all the next day;
was sick about two weeks.
Cross Examined Came to ray house
the morning after the ball. Don't
know whether he came on horseback
or on foot; lie came to my home
about sun rise. Can't say from own
knowledge what made the braise on
his head. Here tbe defence rested.
JAMES RIQLEY,
recalled by the prosecution r My wife,
Mrs. Gore and other ladies were on
the stage. Didn't see Mf Miller on
tbe stage ; saw Mr Canter there. . ' -v
Cross Examined Miller might have
been on the stage and I not bave seen
bim. " '.
Here ended the testimony in this
' exciting trial. Capt. Humphrey
NO. 35
opened the case, in a brief and
concise review of the testimony and
the law in tbe case. Judge Strahan
followed on the part of the defence,
making an able argument in favor
of the prisoner. ' ' R. Williams, Esq.,
of Portland, next addressed the jury
in ' one of his strongest arguments
on the part of tbe defence. George
It. Helm, Esq., closed tbe argument
for tbe State in a forcible and elo
quent appeal, that justice might be
done to tbe living and tbe dead,
wbich was listened to by tbe vast
audience wbich had assembled to
bear tbe pleading with the most pro
found attention. Tbe management
of tbe case by counsel for tbe State
and the prisoner was' masterly.
At the close of the argument Judge
Bonham charged the jury as follows:
ISSTIUTCTIOKSTOJCRYs
B!Ti.KMr?r or th Jnitri The Defendant,
TA laa Keeney, is chanted by this indictment
with the crime of manslaughter alleged to
have been committed In this county on the
Xlst day of January, 172, by the defendant
tlien and them feloniously and unlawfully
homing and killing one Win. Helton.
There are thre di-gmes of unjustifiable hom
icide Murder In the first and second degree
and manslaughter.
Murder In the flrot degree is where any person
unlawfully and wltb deliberate and premedita
ted malice, or In the attempt to commit a rape,
aron, robbery or burglary, shall kill another.
31urtW In the second degree U when apernon
shall unlawfully, purp"ely and maliciously,
but without deliberation or premeditation kill
another. Or where a person In the attempt to
commit any felony other than arson, ape,
robbery or burglary, shall kill another.
Manalauir titer, the crime chanced In this In-
dietment, is defined to be the unlawful killing
of a human tx-lne without deliberation or prtv
meditation and, without malice, expn-as or
implied, and upon sudden neat of pamion in
duced by provocation sufficient to render the
passions of the accused Irresistible and uncon
trollable. To sustain this Indlctmedt It la necessary for
the Htale to jirove :
1T. That Wm. Pelton was killed.
2!n. That ho was killed In Linn County In
this Mate.
Srd. That he was voluntarily killed by the
defendant, Klias Keeney.
The defendant's plea of not guilty puts In
Issue all the material allegations or charges
preferred airalnat him by this Indictment.
Theae charges or allegations against defend
ant must be proven by the Ktate beyond a rea
sonable doubt before you are warranted in re
turning a verdict of guilty against him.
What la meant by a reasonable doubt is, that
you must be satisfied from the testimony of the
guilt of the defendant as charged In the Indict
ment, so tbatyou will, aa conaetentiou and
r.-asouabln men feel nr hesitation or reason
able fears that If you should Hud the defendant
guilty you would be doing bim an Injustice or
wrong.
Kvery conceivable doubt which might be en
tertained bv a luror Is not a reasonable doubt.
but a reasonable doubt is sueh aa would address
and recommend Itself to a fair tnlnded and
reasonable man aa such.
1 he defendant in this caae has Introduced
U-titnony for tbe purpose of showing that tbe
Killing charged in me inuinraeuv u aune uy
him was done In self defense.
'I he old doctrine of tbe common law on this
subject baa been somewhat modified by the
modem doctrines of our courts, formerly it
was held that to constitute a justification on the
grounds of self defense the accused must prove
that ha bad retreated to the wall as it was term
ed. Hy that Is meant that tbe accused should
n-treal or fall back when assailed aa iar aa he
reasonably might do in order to avoid a colli
sion. And also that in order to justify the
killing of another tho life of the accused must
bave been in danger and H must nave been
necessary In order to save the life of tbe ac
cused that be should take that of his assailant.
This doctrine has been so modified by modern
adjudications that It ia now held that a person
is not required to retreat, or lau oacKioinewau
belore be ia lustfied In resortlne to extreme
measures asainst bis assailant. But be may
stand bis ground and defend himself against
tne assaults ol til adversary.
Yet in determining the Question whether
person Is nixtlded In taking tbe life of a fellow
being you should carefully wetgb and consider
all tbe facta and circumstances surrounding tne
transaction to see it the accused did In good
I aim and upon reaaonanie ana lawiiu grounds
take the life of his fellow man.
Tbe maintenance of the public peace and tbe
preservation and protection of life demand
that every one should carefully and studiously
avoid every word or act that would oaiuraliy
tend to the disturbance of one or tbe destruc
tion of tbe other. Tbe carrying of desuliy
weapons, and the use of insulting language, at
neacable social gatherings are the proline
causes of strife and bloodshed, and are cir
cumstances, when proven to exist in any par
ticular case, which should be duly considered
by tne jury in determining tne causes wnicn
may nave brought about acts or violence,
If you are satisfied from the testimony
uo tartly shot and killed Wm. Pelton. and that
tbe evidence adduced by tbe (state does not
now that the defendant waa Justifiable or ex
cusable, then tne Plate Das mado out its ease
When such proof la made, unless the clrcum
stances of the killing show that he waa Justitl-
aoie or excusable, tne ouraen oi trooi evolves
on the defendant to show a lustlnoation or ex
cuse for the killing. In such caae It devolves
on the defendant to show that the killing i
necessary, or to show such clrcum stances
render tbe act excusable.
The burden la on tbe 8tate, In the first In
stance, to remove the presumption of Inno
cence and to snow that the defendant did the
acts which constitute the crime charged.
But wben the (Mate baa shown beyond a rea
onable doubt that a defendant, purposely or
voluntarily, aid the ktiiine cnarcoa in tne in
dietment with a weapon that waa designed and
adapted to the purpose of taking life, the bur
den of tbe proof change and then rest upon.
tne aeienoank
Where voluntary killing with a gun or pistol
la fully proved and some evidence ia offered
tendinc to show a lustiOcatkm or an excuse.
there Is not a preponderance of evidence In fa
vor oi jusuncation or excuse toe anenae is not
made out. - .
tientjemen, you are the sole Judges of the
credibility of witnesses, and of the sufficiency
of the testimony, to warrant you la finding
any clven verdict- The law presumes that ev.
ery one will tell the truth when sworn In court,
aa well as that every one will obey the law and
is Innocent of crime. These presumptions may
be overcome, however, by proof showing that
tne certain persons in
i Question are exceptions
to the rulet It is
It is your duty to receive the law
as iriven von bv the Cottrt.
If you are satisfied beyond a reasonable
doubt from the testimony that the accused shot
and killed Wm. Pelton, as charged la the In
dictment, then you should find bim guilty as
charged in the indictment. If you are not so
satutned, but believe that the defendant, if he
took the life or Pelton did necessarly do so In
self defense In order to save bis own life, or
In order to prevent very great and serious bod'
Hy Injury, then you ought to find the defend
ant not guilty.
If you nnd the defendant guilty, the form of
your verdict will be aa follows :
citate of Oregon )
vs. $ Indtment for Manslaughter.
: Eln Koeney, J
We, tbe jury in the above entitled ease, find
the defendant guilty, as charged in the Indict
ment, (signing tbe same by some one of your
number as foreman.)
If you find the defendant not guilty, you. will,
after stating the title of the case, say : We, the
jury In the above entitled case, find the de
fendant not guilty, (signing the same by some
one of your number aa foreman.)
B. F. BON HAM. Judge.
After receiving the instructions of
the Court the jury retired and after
being out for about sixteen hours re
turned a verdict of "Not Guilts-."
This ended the ball room tragedy,
and we trust that we may never be
called upon again to record another
such unfortunate affair.
A pig broke into a shed at Galena,
where a large quantity of nitro-glyc-erine
was stored, and managed to
get one of the cans open and devour
ed the contents. It then wandered
into a stable, and, on being kicked
by a horse, exploded into a thousand
pieces, blowing one of the horse's
legs off. . : . ,
, I am a solf-made man, said a na
tive of Stonington, the other day, to
a New York gentleman, with whom
he had been driving a Sharp bargain.
Glad to hear you say so," respond
ed the New Yorker, who had been
worsted in the trade, "'for it relieves
the Lord of a great responsibility." ,
Business notices in the Loeal Columns, 25
cents per line, each Insertion.
For legal and transient adrertinimertu 2 SO
per square of 12 lines, for the first insertion,
and ft 00 per square for each subsequent, in
sertion, i
ALEXANDER If, HTEPH EXS BEFORE
A eeORGIA ArDlENCE.
A correspondent of the Cincinnati
Gazette gires the annexed amusing
and graphic account of a public ap-
ftearance and reception of Alexander
I. Stephens:
Aelaxander H. Stephens emerged
from tbe Kimball House, wrapped np
in three overcoats and a horse blan
ket. Tbe bundle with a white head
sticking ont was put in a carriage right
end up, and propped in position by
two crutches. The bundle then
coughed, and said it was all right,
and away the carriage rolled to the
Capitol . Tbe bnndle was then taken
out and unrolled till Stephens was
found. Leaning on two stoat men,
with two more carrying each a
crutch, th procession entered the
House '. of Representatives. The
building was packed as I never saw
it packed before. Ladies, politi
cians, members of the Legislature,
citizens, niggers and children had
turned out. Wben Stephens ap
peared there went up a shout. It
was long loud, and was followed by
another longer and louder. Then
wben that died out, another started
and ran its course. Stephens bowed
acknowledgements aa well as hecould,
considering that tbe two stout men
made a sort of moving straight jacket.
When he arose in the Speaker's1
stand, tbe bright light falling upon
bis pale, thin face and white bead,
there was more cheering and applause.
it was plain that Stephens bad the
heart ojf tbe people. His crusade
against tbe Cincinnati platform has
not diminished his popularity so far
as one might judge from the demon
strrtion on Saturday night, He spoke
in an erect position, supported by a
Crutch under his left arm. His voice
is clear and shrill, and not a word
was lost in any part of tbe ball, un
less the sound was drowned by ap
plause. I was in an extreme corner
of the hall, wedged in among a masa
of humanity, and I know that each
word came with marvelous distinct
ness, although his voice did not seem
to be unduly elevated. And this
weak and wasted, skeleton of a man
spoke thus for more than two hours.
GOLD TS WHEAT.
It has been said that the wheat of
California is worth more to , that
State than its gold. A six months'
review of the wheat trade of Cali
fornia shows a crop, sold and unsold,
valued at $24,000,000, and it is esti
mated that the next crop will yield
40,000,000 centals. The San Fran
cisco "ChronicW has a very interest
ing and exhaustive article on the pro
duct and the wheat fleet of that
State, claiming that California is the
prospective granary of nations.
England to-day looks to the Pacific
coast as Rome of old did to Africa.
The masses of the imperial city were
fed by the husbandmen of .gyptand
Africa Propria, and so the masses cf
tbe cities of lintain, if not of
Europe, it is claimed, will for the
future be fed mainly from the shores
of the Pacific. The increase of the
wheat trade of California is one of
the remarkable features of the his
tory of that State. It was not al
ways known that its golden riches
were to be sought above the soil
rather than below it, and the fact
is not even yet recognized aa it ought
to be. California began exporting
wheat only seventeen years ago. In
1853-60 it exported about as much
as it now sends to Great Britain in a .
single week, and the largest quantity
exported in any harvest year prior to
the present was in 1SCO-70, tbe total
quantity being less by 300,000 cen
tals than it has been during the last
half year. . Immense profits are real
ized from the trade. One firm, for
instance, have purchased nearly three
fourths of all exported, valued at
$9,000,000, and must have netted an
immense fortune. Others have been
proportionately lucky. It is esti
mated that at the present time 380
vessels are engaged in the California
wheat trade, so that now, and for tbe
balance -of the year, the Pacific
through seventy and the Atlantic
through ninety degrees of latitude
will be covered with this fleet, which
will thus be spread, at, about half a
day's sail from each other, over a
distance equal to one half the cii-
cumference of the globe
OT GEJfERALLT stOWX',
Martin Tan Bur en is the only man
who had the office of President, Tice
President, Minister to England, Gov
ernor of his own State,and a member
of both houses of Congress.
Thos. H. Benton is the only tn&H
who has held a seat in the - United
States Senate for thirty consecutive
years.
The only instance of father and son
in the Senate at the same time is that
of Hon. Henry Dodge, Senator from
Wisconsin, and Augustus C. Dodge,
Senator of Iowa. : .
General James Shield is the only
man who ever represented two States
in the United States Senate. At one
time he waa Senator from Illinois and
subsequently Senator from Minneso
ta. - v.- .
John Quincy Adams held a position
under the Government during every
administration from that of Washing
ton to that of Polk during which be
died. He had been minister to Eng
land, member of both houses of Con
gress, Secretary of State He died
while a member of the house of rep
resentatives. . ,
There is one boy in Danbnry, "ays
ikelfewi who didnt get anything
in his stockings Christmas. Ha left
a pan of ashes on the front stairs to
follow an organ-grinder, and a mo
ment later his indulgent father came
crashing out of the front door and
down the front stsp accompanied by
that pan and its contents, and look
ing for all the world like a real god
riding in the clouds. For a few min
utes that boy thought he had a pile
driver for an ancestor. : ,