Trial transcripts, believe as reported and published the in the Oregon Statesmen starting with Monday, March 27, 1865 issue. Retyped from copies of originals by Sarah J. Mertz (abt 1994). Scanned to digital (OCR)and proofed (mis-spelling remains) by Gary Mertz Jan 2002 Original Pamphlet documenting Trialt

THE DELANEY MURDER TRIAL.

Oregon Statesman, Salem, OR Monday, March 27, 1865.

The trial of George P. Beale and George Baker, accused of the murder of Daniel Delaney, who was murdered at his residence on the 9th of January last, came on for trial this 21st day of March, 1865, in the Circuit Court of Oregon for Marion county. Hon. R. P. Boice, presiding.

TESTIMONY FOR THE STATE

DAVID DELANEY, son of deceased, sworn and testifies as follows: I was sitting by my fire at home, about a mile from my father's house, The little boy came to my house on the 10th of January last---the little boy that lived with Father. The boy said that "the old man was killed, and "Jack"-(this Jack was the watch dog). Mr. Pate and I started to go to father's. Mr. Pate went to Wm. Delaney's and I went to Simmons' for others to go with us. We got George Miller, Wm. Pate and Wm. Delaney and went over to father's and found him dead in the yard. Mr. Simmons followed us soon after. We found the door bursted open, apparently with a stick of firewood laying near; found the house jumbled up; closets broken open; a demijohn of molasses bursted open and run out. (Here witness was shown a diagram of the premises of Mr. Delaney, which he believed to be correct, and explained the same to the jury). The front door and the closet doors were burst open-those that could not be easily opened were chopped open by an axe; the trunk in the house was chopped open; a couple of marks on the outside door, apparently done by an axe; the closet in which father kept his papers was opened by the axe; some rummaging but not much was found to be done up stairs.

From the house to the gate was almost thirty or forty feet. I was among the first that examined him; he was lying on his back; found him shot in the breast and in the head. Found shots had also lodged in the porch and workbench on the porch. I assisted in removing the clothes of deceased from his body. Father and Mr. Beale were acquainted. It was generally supposed in the community that father had a good deal of money. Mr. Beale has said as much as "he supposed father had a good deal of money"--can't say that Beale had ever said he knew father's business. Father kept the date of the month on the slate; the last date on the slate is in father's handwriting and was the 9th day of January. I have some knowledge of the amount of money found on the premises after his decease by ourselves. It was about $24,000; most of it was found upstairs, in barrels of corn; $3,000 was found in the grainary. Mr. Beale and Mr. Baker have been acquainted with each other nine or ten years.

CROSS EXAMINED by Logan for the defense. Most of the money was found in two barrels of corn, up stairs. Prisoners have been acquainted with each other eight or nine years. One of them worked for my brother, Daniel Delaney; other hands worked for brother at same time. I knew they were acquainted; heard them speak of each other. Baker worked for me eight or ten years ago. (Here was a good deal of testimony about the wood-house). The wood house is put up against the other house, and is a kind of a shed. Two beds in the house, back from the fire-place. Some appearance of things having been moved, up stairs; the up stairs all in one room. The barrels of corn, three in a room, could be easily seen by anyone. Father had lived on that farm ever since 1845 to my recollection. The children lived there with him most of the time. After the children left there, the negro woman stayed there with him; the negro woman had two children; the little boy Jack was one of negro woman's children. Mother left about one year and a half before the murder; she was helpless and could not be well taken care of there; she was taken to one of my brother's.

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Re-examined by Prosecuting Attorney-- Father lived there alone for some time. Mr. Beale went out into that vicinity frequently; frequently seen him out there packing a gun. Father's clothes have been in my custody since they were taken from the body of the deceased. (Here the clothes were exhibited to the jury, the apron and vest showing shot holes.)

By the Defense---Had Mr. Beale a "claim" in the neighborhood? Yes, sir he had. Mr. Beale frequently carried a gun; he has hunted some there. Mr. Beale's usual road to and from his claim, was through our neighborhood; it would have been out of his way to pass by father's.

WILLIAM DELANEY, son of deceased testifies: I am acquainted with the prisoners; I have known Mr. Beale since 1843; have know Mr. Baker for some time. Mr. Pate came after me on the 10th of January; said father was killed. We went and found father dead in the yard, and the house broken open. Miller and David Delaney were along. (Here witness took the diagram and explained the position of affairs about the house) The door was bursted open by a stick of wood about as large as a man could well lift; two marks with pull of the axe over the lock; door was locked by the buttons on the inside, and had the appearance of having been bursted open while it was buttoned fast, the buttons being attached to the casing, and the casing was forced in. The windows were usually closed by father by boards placed on the inside and then fastened in by cross bars. Father usually kept a knife and pistol by him and also an axe on the inside of the house for defense. It was generally supposed in the neighborhood that father had a good deal of money. The trunk was opened by an axe, and everything appeared to have been jerked out "helter-skelter," We found some three or four empty purses lying around that father usually kept money in. We found an old-fashioned inkstand, with a paper in it giving an account of the amounts and location of his money. His general custom was never to go out of doors after dark. (Defense here objected to proving customs of deceased.) Witness says that deceased always done up his business in time to close up his house before dark. I don't know that he was afraid to stay there, but he was afraid to be caught out after dark; he thought if he got himself shut up in the house no one could hurt him; that was his idea about it. The body was from thirty to forty feet from the gate; head towards the house, Baker and Beale were acquainted with each other.

We crossed the plains with Beale in 1843.

Beale thought father brought money across the plains. About two weeks before the murder, Beale went out and bought a keg of butter of father. I expect Beale was as intimately acquainted with father's affairs as any of his own sons. Beale and I have talked about father's money, we concluded that father must have about $50,000. I don't think Baker knew the boy - Beale did.

We examined for tracks at the time of finding father; looked around and found some tracks, but never fairly struck the track until Mr. Headrick (the Sheriff) came. (Here witness took the diagram and explained to the jury how the tracks led off from the house in a circuitous direction, over a rocky point, keeping on the rocks as much as possible; went on about a quarter of a mile, to where a horse had been tied). The horse was hitched to a white oak, in a bunch of firs. The horse was about a quarter of a mile from the house, but the route the murderers took to reach the house was much further. Father's house is about eight miles from here. After the tracks reached the horse, their general course was toward Salem.

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The tracks wound backwards and forwards, in a zig zag manner, following fern ridges and bushy places, so as to avoid being traced. From the appearances, I should think the horse had stood there an hour or so; he was in an out-of-the-way place, and would not have been noticed by a passer by in day-light, unless the horse had made a noise. There was also the appearance that some one had been there and stood for a while before leaving with the horse.

CROSS-EXAMINED -- I am the administrator of my father's estate. I think there was two axes in the house. Mr. Beale and I have talked about father's money a hundred times. I have talked with other people about it. Mr. Beale settled out there in 1851. Mr. Beale and father were well acquainted; we were all friendly with Mr. Beale; Mr. Beale purchased vegetables frequently of father; Mr. Beale could go to father's as easy as I could. I expect I told Mr. Beale that he could get butter at father's. As I came to town once, I met Beale going out with a horse and wagon; he inquired of me to know the best way to get to father's.

Re-examined by Persecuting Attorney -- The boy showed me how he could lock the door and fasten it by the buttons and done it very readily. They kept a dog there that belonged to me; he was tied to the work-bench on the porch so as to allow him to pass the door. I saw the dog on the 1lth day; he was nearly to my brother's house; had been shot, and could just get up when down. There was shot holes also through the boy's clothes,

DANIEL DELANEY, sworn--is a son of the murdered man. Knew that Beale and Baker were acquainted. Baker worked at my place one winter and Beale boarded there at the same time.

It has been my father's custom to fasten up the doors and windows at dark; kept arms for his defense--a shot-gun, It was supposed in the community that father had a good deal of money. Beale was intimate with father. I left in March, 1864; the boy Jack came back after I left. An argument was raised in the house as to whether Jack could fasten the upper button and thereupon Jack went and locked the door and fastened both the lower and upper button. I knew of father keeping money in the closets.

CROSS-EXAMINED - Mr. Beale was intimate with father and our- selves. Mr. Baker worked for me one winter and Beale came and went during the winter and was not more intimate with Baker than men would naturally be. I have talked with other men about father's money; always waived the matter when spoken to by anyone; do not think that Beale talked about it more than others.

MR. SMITH, sworn--Was acting Coroner in making the inquest over the dead body of Daniel Delaney, deceased, Went out on the 10th of January, found Mr. Delaney dead, lying near the corner of the house, (Here witness took the diagram and explained the position of affairs) Examined the body, found it straight, took off the clothes, found him shot with buck shot and smaller shot--a great many shot--the shot was not a center shot, most of the charge taking effect on the inside of the arm, some striking in the breast; also a shot in the head done apparently by a pistol ball, striking in the back of the head. (Mr. Smith described the door fastenings as related by the Mrers Delaneys) The house was rummaged over chamber and closet doors being bursted open etc. I noticed shots about the porch and wood house. Some of the buck-shot passed through the weather boarding.

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I heard on Friday evening after the murder, Mr. Cross and I stood in front of Strang's tin shop in Salem talking: soon I saw Mr. Beale in front of me. Beale inquired if Cross had purchased Delaney's farm and also if they had found any of Delaney's money. Some one said they did not think Delaney had much. Beale replied he knew better, that he could count up over $50,000 that he knew Delaney to have. I replied, "George, you know a good deal of Delaney's business" Yes, says he, "I know more about it than Delaney's own boys." Beale also remarked that he believed that it was the "niggers" around here. I replied, "white niggers, George". He also said that "there was getting to be too many d--d niggers around here anyhow," Beale also said that he had a US Treasury warrant for some $600 of Delaney's in his possession for some time to sell for Mr. Delaney; did not sell it, and then returned it.

On cross-examination, said that he believed the little negro Jack was possessed of as much sense as children, ordinarily.

DR. SWIGGET, sworn -- I was called by the Coroner to assist in making an examination of the dead body of Daniel Delaney deceased. Found him as before described with arms drawn up; had received three shots, one in the left side by shot-gun; think this shot entered the pericardium (lining membrane of the heart). Was also shot in the head by a pistol ball. (Described it in surgical language, etc.). Think that the shot in the side, if it entered the pericardium would have killed him in fifteen minutes. (The Doctor at the end of his examination gave notice that he had not been "summoned" to attend.)

WILLIAM TAYLOR, sworn-- I was not acquainted with Baker; was with Beale; Beale was at my house on the 8th of Jan, last, seven or eight miles from here; brought some horses out there on Sunday in the afternoon; he staid all night; staid with me till Monday morning; sent my team in town that day. Beale was in the habit of coming to my house; when he left my house he started toward town; Whitzel lives two miles and a half from my house, not on the road to town; Mill creek bridge is on the road from my house to Delaney's Whitsel's is on the course toward Delaney's. I have heard Beale speak of Delaney's moving; Beale said that he had been packing apples for Delaney in a very narrow room; said there was two nail kegs with a hammer, they were very solid and he believed there was money in them. this was about four years ago.

Cross examined--When I saw Beale last he was traveling toward Salem about one hundred yards from the house; I think Beale had two coats on, the outside coat had been dark, but was faded out some.

Re-examined--I think Beale's pistol was a small sized one; I remarked to him why have you that pistol here on Sunday? he replied that the pistol had saved him in several fusses.

The boy Jack--a mullatto--was called.(Defense objected to his testifying on the ground that negroes could not under the law testify in a criminal trial where a white man was on trial. Objection over- ruled) Jack is about seven or eight years of age. To try his intelligence, he was asked if he knew what a lie was, if a chair was called a hat if that would be a lie? Answer, "you bet it would" asked what kind of a place hell is? Answer, it a place where most of people go; asked if it was wrong to lie? said it was; said he did not understand what it was to be a witness, and other questions. Logan made a speech against admitting the boy to testify; arguing that the boy had not sufficient intellegence to take the oath. Mallory spoke in favor of admitting him. The Judge sustained the objection in a very able opinion on the point raised, and rejected the boy as a witness.

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J. H. WHITSEL, sworn-- I live about seven miles from here. I think I know Beale; saw him on the morning of the 9th of Jan; he inquired of me the way to Mill creek bridge; I directed him to the bridge; it was not the one on the direct course to Delaney's; our house if on the course from Taylor's to Delaney's. Beale had on a dark coat and hat.

Cross examined-- I directed him to the lower bridge; it is on the road to Salem; he started toward the bridge; he was afoot; had no gun. Beale had a black velvet watch guard on, I noticed it s sufficient to call my attention to it. I am not acquainted with Beale. In going from our house to Delaney’s the upper bridge is on the direct route.

Re-examined--There is no particularly direct road from our house to Delaney's; man on foot could go by the lower bridge.

Re-cross-examined--The route by the lower bridge is both brushy and hilly, there is also a big slough to cross in going by the lower bridge. The ground by the upper bridge is open.

NICHOLAS SHAM, sworn - Am acquainted with both the prisoners; I saw Beale at Taylor's on the 8th of January; asked him when he was going back to town; said he did not know when or how; saw Baker next day the 9th; he was going up Mill creek; I was coming to town; Baker had a double barreled shot gun with him and was riding on a dark bay horse; my brother had some conversation with him; when about sixty yards off heard my brother say to Baker that "there is some ducks over there" Baker was about as far from my brother as I was. but paid no attention to the ducks; met Mr. Lewis soon after; Lewis went on up the road.

PETER BILYOU, sworn. --I am acquainted with the prisoners. I was at Beale's saloon on the 9th of January until 9 o'clock in the evening; Beale never staid late in his saloon; Beale was not at his saloon that evening. At nine I put out the lights, locked up and took the key to Mr. Adkins who was in Baker's house a few doors distant; found him there with a Mr. Hezie and a couple of half breed girls; I know of Baker having a dark bay horse; never heard Beale talk of Delaney's money.

Cross-examined--It was not Beale's custom to stay late in his saloon. I think Adkins left the saloon about seven o'clock that evening leaving me in charge.

A. H. DAY, sworn --I know Beale by sight; I didn't know Baker; I left Salem about nine o'clock at night on the evening of the 9th of January; I went out of town with Mr. Rector. Out one mile and a half from town by a school house met two men, one on horseback the other over in the field afoot; remarked to Rector that it was strange to find two men out that way at night; their faces looked dark; the man on the horse had the rim of the hat pulled down over his face; I said, good evening to him but he made no reply; was riding a dark horse.

Cross-examined--About a mile and a half from town when we met them; clothing looked dark; couldn't tell exactly; hat rim turned down; the moon was about three hours high; foggy; I supposed the face was made dark on account of the hat rim being turned down.

ENOCH HEEFER, sworn--Am not acquainted with the prisoners; have seen Beale; on the evening of the 9th of Jan. was on drill at the armory in Salem; went out with Mr. Day; live seven miles from town. (Made the same statement with regard to meeting the men as Mr. Day did).

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MARTIN CHAMBERLIINE, sworn -- I am not acquainted with the prisoners; I live four miles from town, the other side of Pringle's school house; attended drill in town on the evening of the 9th of January; went out of town soon after Day and Rector; saw a man and horse in the corner of the fence near Mr. Davidson's; the man had on a light colored coat; his face was turned from me; I rode past in a walk; the man was about thirty feet from me. Cross-examined -- Could not distinguish whether the man holding the horse was an Indian or a white man.

MRS. ELIZA YOCUM, sworn -- I am acquainted with Beale, but am not with Baker. I reside in part of the same house that Beale lived in on the 9th of last January; I heard some one come into Beale's room about ten or eleven o'clock at night; heard him say that he had got lost in coming home; said there was mud in his eyes yet; he inquired for something to eat; he went out and washed, and came back and inquired for the key of the saloon; went out again and staid half an hour; heard him ask for bread and butter. The partition between the rooms is thin; I am satisfied in my own mind that it was Beale's voice; have heard him talk in there before.

ROBERT BAKER, sworn--On the 9th of January last I was at D. W. Jones' shop in Salem; between nine and eleven at night heard someone washing. Mr. Pleasants was sleeping with me; he got up to see if the person was washing in the rain barrel; heard Pleasants ask, "Is that you, George?" heard replied, "It is" and also " are you scared:" when Pleasants returned he said it was Beale.

Cross-examined -- Said that he did not know that the person washing was Beale; did not know Beale's voice,

D. W. JONES, sworn -- I have a shop on Commercial street, in Salem; know Beale; know Baker when I see him; went into my place on the night of 9th of Jan. about eleven o'clock; Baker and Pleasants were sleeping there; know of Beale doing some painting last summer; had black clothes on; heard Beale talk of the Delaney murder in my shop; heard him say that Delaney had been very suspicious of persons; had suspected him; never heard Beale speak of Delaney before the murder; Beale said money was getting precious when they killed men for it.

Cross-examined -- I did not think there was anything more peculiar in what Beale said or in the manner of his saying it, then what other people said.

J. C. BROWN, sworn -- I am acquainted with Beale; have seen Baker; I went to Beale's house on the evening of the 9th Of January last, between seven and eight o'clock; Beale was not there then; Mrs. Beale and her mother were there.

J. W. SHRUM, sworn -- I am acquainted with Baker; I was at home on the 9th of January last; started to town with my brother; met Baker on horseback with a shot gun; spoke to him; asked him which way he was going. He said he was out ducking, but couldn't shoot off his horse. His horse was a bay horse, shod before; lips turned up in front of his shoes; saw the horse afterwards here at the preliminary examination; examined the horse and found him shod in the same way, and believe him to be the same horse. After Baker had passed about seventy five yards, I called to him three times that there were some ducks off to the left in a swale; he passed on and paid no attention; I think that Baker could have heard me; I called loud enough to be heard, it was on the road leading up to Rector's bridge; met Mr. Lewis soon after; I think Lewis was not two hundred yards behind Baker; I think Lewis could have seen us while I was talking with Baker, but I did not know him while I was talking to Baker

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Cross examined -- I live at the house with my brother; my brother lives there also; the wind was blowing when I called to Baker about the ducks; don't know that Baker heard me.

W. W. Sandford, sworn -- I am partially acquainted with the prisoners; I was on the street on the 9th of January last; saw Baker with a horse; hailed him, found that it was not the horse that I had lost. He had a shot Gun with him; think he had a black hat on; I have seen the horse since at Durbin's stable; recognized the horse as the same horse Baker rode on the 9th of January; it was between 11 and 2 o'clock when I saw Baker.

REUBEN LEWIS, sworn -- I am acquainted with Beale; know Baker when I see him; I went up Mill creek road on the 9th of January last. There was a man ahead riding a dark bay horse; had a gun; was a hundred and fifty yards or so ahead; went ahead all the way; crossed at the old bridge on towards the "Herron hill"; kept about the same distance ahead of me all the time, no matter whether I went fast or slow; don't know that he did it on purpose. In going from here to Delaney's house, I don't think you would have to cross "Battle creek", In going from the upper crossing to Delaney's the country is full of swales, and there is much water at this season. In going from the lower crossing to Delaney's there is also some wide swales, also some patches of brush; the "Herron Hill" is very densely covered with fir and other brush.

Cross examined -- In going from Rector's bridge to Daniel Clark's there is two pretty wide slough; some are a quarter of a mile wide; I crossed one of them a year ago this winter when the water was so deep as to take a horse down stream; the water was high then; the road that the man on horseback was traveling leads up to the Santiam, passing one mile and a half to the right of Delaney's the nearest way I should judge to go to Delaney's would have been to go by Daniel Clark's.

Re-examined--I should suppose that it was two and half miles from where I saw the man last to Delaney's in a straight line. There is a foot-bridge across Mill creek near "Herron's" between Rector’s bridge and the upper bridge, and the last time I saw Baker he was half a mile below this ford.

W. S. BARKER, sworn-- I reside in Salem; am acquainted with the prisoners; I saw Baker with a horse hitched in the yard; my shop is in the same block with Baker's residence; did not see him leave; I was in Beale's saloon on Tuesday; Beale said he had been at Swartz's mill to see about some lumber, and it got to be night before he left and had lost his way coming home; Beale was blacking his boots about 9 o'clock in the morning; never heard Beale say anything about Delaney's money.

Cross-examined -- Think he said he had been at the mill and night come on, and he had difficulty in getting out.

H. W. SHELDON, sworn -- I know the prisoners; I live where Baker did; I had a conversation with Baker on the day after Delaney was killed, I asked him where he went the day before; I think he said he went over the river after oats for his horse; never heard Baker talk of Delaney.

Cross examined -- Conversation with Baker occurred by asking Baker "Did Lou go a hunting yesterday?" he said no, "I went over the river after oats."

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T. B. RICKEY, sworn--Am acquainted with Beale; saw him on the 8th January last; he had on dark clothes and dark hat; he was on horseback; it was something unusual to see Beale on horseback; saw him riding along the street with another man; have seen Beale frequently about the street; he usually wore a light colored hat; never heard Beale talk of Delaney's affairs.

Cross examined--I thought there was something unusual about Beale on that day, arising from the fact that he was on horseback.

J. C. ATKINS, called --I have been stopping at Beale's saloon in Salem for the last six months. Know both Beale and Baker. Beale was not at his saloon on the 9th of January last. Beale went to Mr. Taylor's so he said. I left the saloon about 7 o'clock in the evening, leaving Mr. Bilyou in charge; walked around awhile and then went into Baker's house, while there Baker came home about eleven o'clock at night; came into the kitchen, in the back of the house, and set his gun down. His face was dirty; he then went out and stayed about ten minutes, when he came into the kitchen again. Baker came into the sitting room once; didn't stay long and then went out. Went back to Beale's between 11 and 2 o'clock at night. Beale was there the next morning.

I. R. MOORES, called --I am acquainted with the defendants. I assisted in arresting Mr. Baker, Baker was arrested downtown. In going to the jail, l-Baker inquired three times what he was arrested for. I told him on the third inquiry that he was arrested for the murder of Mr. Delaney; says he "is that all, I thought, maybe, that there been some stealing done around town." Said he could easily prove himself clear of that; said he could prove where he was at on that day; that he had been out buying cattle; had been all around; didn't know very well where people lived, but that he remembered of being at Mr. Moisan’s on French Prairie.

I heard Mr. Beale talking in the store on Wednesday evening. Mr. Beale expressed his opinion freely on the subject; said there could have been no purpose in killing the little boy Jack as he was not able to testify; was too young and not very smart anyhow. I noticed Beale’s conversation particularly, more than the rest. Beale said Delaney was very suspicious; was always armed; could not have been got out of his house except by one of his sons or someone in whom he had confidence; that he believed Delaney's money was not buried but that it was fastened in the house so that it would take a carpenter a long time to get at it. Beale was listened to with great attention. Beale said he was as well acquainted with Delaney’s business as any of his sons.

Found in examing the premises Baker's two guns, a shot-pouch, buck shot, small shot and two pair of shoes in the wood house. Search was made on Saturday afternoon; mud on the shoes was dry; found the old-fashioned blank matches on the premises.

Cross examined--Mr. Baker has been, engaged in the butchering business.

I had suspicions aroused when I heard Beale talk in the Store; listened to learn the facts, not to find evidence. Beale said that Delaney was a very strong man; was not 72 but only 62 years old.

Re-examined-- (A double barreled shotgun was shown Mr. Moores) It resembles the one I saw at Baker's; so does also the shot pouch; couldn't say that they were the same.

Cross-examined--Baker did not seem to be excited by the arrest until he learned that Beale was arrested with him.

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JEAN ANDERSON--I am acquainted with Baker; saw Baker leave town between 9 and 10 o'clock on the 9th of January; live at Baker's house. Baker had on a pair of boots which the legs had been out off of; returned that night between 11 and 12 o'clock; Baker did not say where he was going when he left; when he came back, he came in at the back door; came in a hurry and set his gun down and went out again. The next day I noticed that he had on a new pair of shoes. The day Baker was arrested he gave his wife $20, which is all the money I saw him have. When he went away he took, a double-barreled shot-gun; brought the same kind of a gun back again; that gun (pointing to the gun in court) looks like the one; couldn't say positively- as there are many guns alike, L have seen Baker give his wife money before, several times, but not so much as $20.

Cross examined -- Baker seemed to be intoxicated when he came in; I did not see his face; wore these old boots often about the house.

MARION TAYLOR, called - I know Mr. Beale, I live between 7 and 8 miles from here, Beale was at father's house on the 8th of January last; had some conversation on that night. Beale said he would rather walk to town than ride; offered to bet my brother half a dollar he would beat us into town. I came in with father's team; went to Beale's saloon and to the house, when I got to town; did not find Beale there; went back home on the direct road didn't see anything of Beale. It was foggy on the 9th of January and cold

SAUNDER HANZHURST called -- I am acquainted with Beale and Baker. I went to Baker's house on the evening of the 9th of January; Baker came in between 10 and 11 o'clock at night. Baker came in and put his gun down and then went out. Couldn't say that his face was black; it was a little dirty. I don't think he was in the habit of washing his face very clean, Baker went out and washed himself; came in and got his supper. I rode Baker's horse down to French Prairie; it was a dark bay horse; Bill Barker took the (___?__) it stood in E. O. Smith's stable; saw Baker have the horse in the back yard and ride off on him; it was the same horse that the Sheriff took from me.

Cross-examined -- Baker was drunk when he came home at night; staggered some. I was boarding at Baker's. Baker came in at the back door, when coming from the butcher shop or stable. I did not take care of the horse; Baker had been engaged in the butchering Business, I have seen Baker with Beale, not often.

E. O. SMITH, called --I am acquainted with both the prisoners. Baker kept his horse where I keep some in the stable back of Dan’s butcher shop. Baker's horse was not in the stable at 7 or 8 o'clock in the evening of the 9th of January last as I was at the stable and know; I knew Baker's horse well.

GEORGE TAYLOR, sworn--I was acquainted with the deceased Daniel Delaney, he lived about one mile and a half from my home in this county. On Tuesday, morning the 10th of January last Mr. Harple’s son came to my house and wanted me to go to Delaney's; as the old man was murdered; went to Delaney's; after looking around awhile about a dozen of us started to hunt tracks; (described tracing the tracks to where the horse stood and thence to "Dutch Adams" in the direction of Salem, as has been described by Mr. Delaney). Then from that place Mr. Harpole, myself and Mr. Vaughn were chosen to follow the track the next day; met next morning and followed the track on toward Salem; finding a pipe and some matches-a sample of the matches was here shown; old fashioned block matches--the pipe was a common white clay pipe; from the pipe in the pasture of the Raymond place; about two miles to where the horse had been tied; followed the tracks on into

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the road leading to Salem; one of the tracks was a plated heel boot or shoe; we were enabled to follow the horse track by one of the tracks being wider than the other also by the horse making all of the four tracks distinct; saw Baker's horse, a dark bay horse, taken from Durbin's stable in Salem; he was taken across the bridge on to soft ground and I noticed that the tracks he then made was similar to the tracks of the horse tracked from Delaney's toward Salem. I also noticed that one of the tracks accompanying the horse did not have plates on the heels and that we never found the track with the plate and the track without plates on the ground at the same time. We followed these tracks from Delaney's to within about a mile of Salem. The tracks seemed to wind around so as to get on the best ground. One track was larger than the other, and one track had plated heels.

Cross examined--Stated that he could sec no indications of anyplace where a change in the riders of the horse had occurred; and only know of such change from the change of the boot tracks accompanying the horse; stated that he had made some measurements of the horse track and believe that there was a difference of about one-eighth of an inch in the width of the impressions of the horse's "toe corks". (a long cross examination ensued but did not develop any other new matter)

MARTHA FARMER, sworn-- I am not acquainted with Beale; am some acquainted with Mrs. Beale; was at Beale's house on the 6th of January last, (Did not know anything about the matter)

BENJAMIN VAUGHN, sworn-- I was at old man Delaney's house on the 10th of January last; I assisted in the tracking. At the tree where the horse was hitched as I was looking around for a "bottle" I discovered a hat band; picked it up and gave it to Sheriff Headrick; I only followed the tracks as far as "Dutch Adams". (The hat-band was shown him and he recognized it as the same band that he had picked up in the brush where the horse was tied near Delaney's house) The tracks did not go in the plain road but kept out in the brush and hard ground.

Nothing new on cross examination.

JAMES DUNCAN, sworn-- Was at Delaney's house on the 10th of January last; assisted in. the tracking; saw the hat-band picked up in the brush. The tracks took a route, which seemed to me, as if the persons making them did not wish to be followed.

THOMAS MONSON, sworn --I reside on French Prairie; I am acquainted with the prisoner, Baker; I was at home all day on the 9th of January; Baker was not at my place on that day to my knowledge.

JAMES OGLESBY, sworn --I am acquainted with Baker; have been for several years; I was at the house on the day of his arrest; I came up from Oregon City on business; called at Baker's house to see him on the day of his arrest; was at the house when Caton and Carl asked Baker's wife to get some one to go to Lake Labish to get witnesses to prove where Baker had been at; I consented to go, they gave me an extra coat to wear as it was cold; it was one of Baker's coats; after I had started I noticed something black on the collar and on the sleeve; it was not mud; it looked as if it might have been lampblack.

GUOYAN GIBSON, sworn --I am acquainted with Beale; had a conversation with him at his saloon last spring; talked about Delaney's affairs; Beale thought that the money ought to be divided amoung Delaney's sons now, as they were honest and hard working fellows and needed it. I remarked that "maybe Delaney had no money" Beale said "God, but I know better, I know of his taking in over fifty thousand dollars since I came to the country," Said he. "Delaney never spends a cent when he comes to town" "God", said he "if I should come across it, I would lift it and make it do somebody some good."

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Cross examined--There has been a great deal of talk in the country about Delaney's money.

Re-examined--I have heard other persons in the neighborhood say that they would "lift old Delaney's money if they could come across it"; that they would like to wade into the barrel of money; couldn't say now who it was that made such remarks, besides Beale.

SAMUEL HEADRICK--Sheriff, sworn --Was at Delaney's on the 10th of January last; a dozen or so men were there when I got there; I assisted in discovering the tracks; found a plain track above the house, apparently made the night before; found the tracks of two persons; very plain where they crossed a cow trail; here I measured the tracks; followed on and found what I thought to be a third track, but it seemed to be a larger and older one. Of the two tracks that I measured, one was a plated heel, the other a low heel, large track. Both tracks avoided the trails or paths; they followed a very round about way in going from the house to where the horse was tied; it was a pretty hard business to follow the tracks after reaching the house; we followed what we supposed to be the same foot tracks that went from the horse to the house, traveling with the horse toward Salem; it was a very hard business to follow these tracks; the route pursued by the tracks was zigzag and through the brush and it was very difficult to follow them, I arrested Beale and Baker. The shot gun in court was the one given me when we searched Baker's house. when the hat-band was found at the tree in the brush I went to the place and the band was given to me and I have retained it ever since except while Justice Hatch had it at the preliminary examination; the band is the one which Mr. Vaughn recognized. (A black slouch hat was shown to the witness which he said was given him on the day Beale was arrested). It was very difficult to identify the horse tracks; we found the first foot tracks about one hundred and fifty yards from Delaney’s house.

Cross examined--Found where the horse track went into the brush at the tree; but did not trace the back track; could find no foot tracks immediately around the tree, except those that had went in from the house, I noticed nothing peculiar about any of the horse tracks; the horse seemed to be rough-shod all around; I measured the length of the foot-, the width at the ball of the foot, and the width at the plate on the heel; I measured the track with the plate first and then applied that measures to the track without the plate, and it appears to me that there was scarcely any difference in the size of the tracks; the one with no plate might have been the widest; the track that had plates on the heels had both heels plated; no breaks in the plates. My object in tracking the horse was to find where he went to and if there had been anything peculiar like a broken track I think I should have noticed it.

JAMES HARPOLE, sworn--Am not acquainted with defendants; I assisted in following the tracks from Delaney's house on the 10th of January last; found the first tracks at the foot of the hill; followed them; very difficult to follow the tracks as they were over very rough ground; followed along, crossed a fence, on the other side of which Mr. Headrick found another track; Mr. H. measured the tracks; followed along till we found where the horse was at the tree, followed along, came to a thicket; tracks zigzagged; went to another thicket, trades zigzagged again; went on to an old fence; followed on where the tracks crossed a road; followed the tracks on to the Dutchman's.

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I particularly followed the horse track; we would lose the track, then search around and someone would find it, then all would go to him and follow on. The horse avoided all open ground; avoided all the trails; would zigzag when coming to open ground so as to avoid it. In crossing fences the horse went straight through as if the gap in the fence was ready prepared for him, except at one place where the horse seemed to have halted at the fence. The corks on the hind feet were the shortest and the cork on the right fore foot seemed the deepest. I saw the horse taken from Durbin's stable across the bridge and make tracks and by comparison I think the tracks made by the horse we tracked and the horse taken from Durbin's stable were made by one and the same horse. I saw the pipe that was found on the road "a white chalk pipe; didn't seem to have been smoked in. (Mr. Harpole gave a very long and minute description of following up the tracks)

Cross examined--I didn't measure any of the tracks. (A long cross examination ensued, in which nothing new of importance was discussed).

PERRY HERRON, sworn--Assisted in following the tracks; the cork of right fore foot made a deeper impression than the corks of the other feet. I noticed this, peculiarity wherever I could find the track of the right fore foot. I got on the tracks about half a mile from where the horse stood by the tree; saw boot tracks along with horse track; one track with heel plates and one without; the tracks avoided the trails and all ground that was free from grass or fern and pursued a zigzag direction, In coming from where the horse stood at Delaney's to where they struck the road at the Pringle school house, four fences had to be laid down. I saw the horse that was taken from Durbin's stable and noticed that he made a track similar to the one we followed from Delaney's, (His statement of tracing the tracks was substantially the same as Harpole's and Taylor's) Saw the pipe that was picked up; was quite a new pipe; a chalk pipe; think it had been smoked in noce; saw the block matches which were picked up.

MRS. GREENWOOD, called--I have been acquainted with Mr. Beale since 1862. We lived on Mr. Beale's farm, he stopped there in the house with us for three months; heard Beale talk of Delaney's affairs; think that he understood them well; have heard Beale say that he did not think that it would be any harm to kill Delaney and get his money as it was doing no one any good now; have heard him say that if he could get anyone to go with him he thought he could put his hands on the money; have heard him say that the money ought to be put into circulation.

Cross examined--Generally supposed in the community that Mr. Delaney had a great deal of money; have heard other people than Beale talk about it; it was casual conversation; he often talked in a light manner and I paid but little attention to it; have heard Beale talk about Delaney's money several times.

JAMES FISHER, called--I am acquainted with the defendants. Assisted in searching Beale's house when he was arrested. (The hat produced) I found that hat in Beale's house and gave it to the Sheriff; found it hanging over a dresser or something else in a bedroom, I don't know that it was Beale's bedroom; a lady told me that it was; no other hat in the room.

WILEY KENYON, called--I made an examination of the hat and band (here shown, the same as before proved) on the day following the arrest, (Mr. Kenyon then took the band and applied it to the

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hat, which had no band, showing that the band fit the hat, and that spots of paint on the hat corresponded with similar spots on the band; and that the threads of sewing, which once fastened the band to the hat, corresponded in this hat and band and that little holes in the band corresponded with similar holes in the hat. The object of this testimony was to prove that the hat band which was found in the brush, where the horse stood near Delaney's house belonged to Beale's hat which Mr. Fisher found in Beale's room the day that Beale was arrested).

On cross examination, the defense directed the examination to prove that in a box of hats of No. 7's or other number, from the same manufacturer that any band from any of the hats in the box would fit any other hat in the box and so with any hat of the same number no matter where found.

D. C. CRESWELL, called--I am acquainted with both the defendants. Got acquainted with Baker on the plains in 1851, Have known Beale since 1852. Heard Beale say at his place in 1861 that somebody ought to take old Delaney's money and put it into circulation. Think I heard Beale say that he had an idea where Delaney kept his money. Didn’t hear him say that he would go and get it.

Cross examined--Have heard other men talk about the Delaney money.

A. J. BROWN, called--I am acquainted with the defendants--On Wednesday evening after the murder, at Moores' store, in reply to my saying that I understood some tracks had been found out at Delaney's, Beale replied, Yes, you can find tracks up the creek or in the street". I said I thought the murderers would have punished the old man and compelled him to tell where the money was and not have shot him down. Beale replied "that shooing him down was the only way the murderers could have got into the house, as the old man was very stout and always kept three or four guns loaded by him." Beale also said "that he understood the old man's affairs better even than his own sons; that it would take a carpenter some time to get his money out of the house." Don't think he said anything about the boy Jack not being able to testify. It was a general conversation in the crowd--every one forming conjectures about the matter.

JOSEPH COX, called--I had some conversation with Mr. Beale; don't remember when it was. Beale came to my house to get some money to repay some borrowed of Delaney, I said. I didn't know that Delaney loaned any money. Beale replied that he thought he did not except to him. Said he did not think that Delaney buried his money but that he kept it about his house. Said he had been there packing apples for Delaney and that the old man made the old woman stay in the room with him where he was packing apples, which made him think the money was in that room. That he got an opportunity and tapped some kegs with his hammer and they seemed to be heavy as if filled with lead and he believed there was money in those kegs.

J. E. PARROT, called--Have had conversation some five years ago with Beale about Delaney's money. Beale said he believed he knew where Delaney kept his money. (Here related the affair about tapping the kegs but said that Beale said the kegs were under Delaney's bed. Also that Beale said if he had Delaney's money he would not be living as he was now.)

Cross examined--Delaney's money has been the subject of much conversation in the neighborhood but most of people. The time the kegs ware tapped was about six years ago.

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SIMON SWARTZ, called--I live about four miles from here; my sawmill is five miles from here, TOM AYRS' place is a mile from my place, Was at my house on the 9th of January last; my boys were at the mill. Beale was not at my place on the 9th of January, to my knowledge.

ALONZO SWARTZ, called--I know Beale when I see him. I was at our sawmill on the 9th of January last, all day until dusk. Beale was not there that I know of.

LEVI SWARTZ, called--I was at our sawmill on the 9th of January last, all day. Mr. Beale was not there on that day.

JANE ANDERSON, re-called --On Saturday the day Baker was arrested, I heard him say at his house that he could put his hands on the very men who committed the murder, (speaking of the Delaney murder)

JEROME GREER, Called--I am acquainted with Beale. Have had a conversation at Westacots' store, with Beale, about two weeks before Delaney was murdered, When I went into the store the subject of Delaney's money was then up. Beale and I disagreed as to where the money was at. Beale thought the money was in a keg in the house. I thought that it was in a trunk, I was once at Delaney's on business purchasing apples for other men and Mr. Delaney in paying me some change, called me to the side of this trunk to give me the change and as I stood by his side my eyes naturally rested on the inside of this trunk where I observed several boxes, an oyster can, sardine box, and other boxes etc. which appeared to be full of coin and gold dust. I could see the coin in the boxes. Mr. Delaney always trusted me and would deal with me when he would not with others. When I visited Delaney’s house after the murder I found this trunk broken as if broken in the opening.

Cross examined--Delaney's money has been the subject of much talk. I have talked with others about Delaney's money.

J. M. POMROY, called--I was well acquainted with Beale. I resided in Salem until last spring. I was following the business of wagon-making. I found once on my work bench in my shop in Salem an anomymouse letter; I burned that letter. Beale never acknowledged to me that he had written the letter; I showed the letter to I.E. Moores, J. C. Brown and my wife.

DANIEL OTIS, called--I am partially acquainted with Baker. On Friday before the murder I delivered Baker some wood; he had no money to pay for the wood; said a man in the lower end of town owed him some money as soon as he got what was owed him by Mr. Buster he would pay me; didn't get any money from Buster; didn't get my pay. Was at Beale's saloon on Monday evening; didn't see Baker; was there again on Tuesday evening. Baker didn't pay me; saw him there on Wednesday evening. Baker and others came out of the back room to get drinks. Baker invited me to drink and paid me for the wood saying "I never let up until I got the money for you". The five dollar piece he gave me attracted my attention as being very bright and had not been used and bore the date of 1843. Baker had another five dollar piece which he put in his pocket which jingled with something else. I have frequently seen Baker about Beale's saloon.

Nothing new developed on cross examination. Baker did not tell witness where he had got the money.

PAUL OBERHEIM, called--I reside on Commercial street in Salem; keep a bakery; furnished bread to Baker's family. On Sunday morning Baker's boy came in for bread and asked for a pipe for his father. I gave him a common clay pipe; saw a similar one exhibited at the preliminary examination.

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Cross examined--I have a quantity of the same kind of pipes which I sell and give away.

CHARLES BOWKER, called--I was in Salem on the 8th of January last, at Oberheim's bakery. Baker's boy came in for bread and also said that his father wanted a pipe. Mr. Oberheim gave him one. I told the boy that it was a Christmas present to his father.

Mr. Headrick, re-called--The pipe exhibited at the Justice's examination was the same one that Mr. Taylor gave me. I took the pipe to the stores in town to find pipes of the same brand; found the same brand of pipes at Mr. Oberheim's.

Sheriff re-called--Exhibited the matches found in Beale's pocket; same kind as was picked up by the trackers; also exhibited the knife and pistol taken from Beale; can't say now whether I took the matches from Beale's or Baker's pocket. The horse which I took from Hauxhurst and which he testified was Baker's horse I put into Durbin's stable and kept him locked up until he was taken out by the trackers to have his feet and tracks examined. A pair of boots were exhibited; no plates on them; Beale's boots; Beale has on the same boots now that he had when arrested; plates on them; Baker had on brogan shoes when arrested; has them on now; exhibited same buckshot taken at Baker's house; took some twenty dollars in coin from the drawer in Beale's saloon and some fifty dollars in coin from Beale's pocket; exhibited the mearsure of the track with the plated heel.

Cross-examined--I think the plates were both on the boots when Beale was arrested; I saw one of the boots off his foot at the preliminary examination; watched the heel plates and both heel plates were perfect when Beale was arrested; I am confident of that; am positive of that unless I am cross-eyed. Beale's boots--the plated ones--are a little longer than the measure, both in length and breadth. I think (here Logan took one of Beale's boots from Beale's foot, it had a plate on and handed it to the Sheriff to apply his measure. The Sheriff applied his measure and found the boot to be about one-third of an inch wider than the mearsures and from one fifth to one fourth of an inch longer than the measure. Both boots were found to be thus longer than the mearsure. Mr. Logan called the attention of the Sheriff to the fact that the plates on the heels had little projections or braces toward the center of the arc from the arch of the plate and the sheriff then stated that he had not noticed the impression of such a projection in the tracks measured.) The tracks were measured on the 10th; the tracks I measured were clean nice impressions.

JAMES M. MORRIS, sworn--I reside about ten miles from here; I was out shooting on the 9th of January last; was near Delaney's house on the evening of that day; heard guns discharged about dusk in the direction of Delaney's house, The first two discharges came in quick succession and appeared to be discharged from a shot gun; then soon after a sharp report; thought some one had been out shooting birds; heard only the three shots; I could not form an idea of the precise location of the shots; formed the impression that the shots were in a "sag" that lies between old Delaney's and Wm. Delaney's; they live about a mile apart.

ROBERT SMITH, sworn--I am acquainted with the defendants; Beale was indebted to me at the time of the murder; held his duebill for $270; had a conversation with Beale on the 10th of January about settling our business; Beale told me to come in again and if he could collect in his money he would make it all right with me.

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MRS. M. G. POMROY, sworn--I have resided in Salem for three years up to the last spring; I am acquainted with Beale; my husband showed me an anonymous letter which he had found on his workbench in Salem; I had a conversation with Beale about this letter; he acknowledged to me that he had written that letter and wanted to know of me what my husband thought of it. I told him my husband was very much astonished to receive such a letter. The contents of this letter were about as follows:

"I know you are a poor man as well as myself, and have to work hard to support your family. I know where there is a rich old secesh that has a great deal of money. If you will agree to this proposal leave an answer where you found this."

The letter was written in a disguised hand; there was no name signed to it; there were some other words in the letter, but I do not remember what they were. This letter was received in June, 1863 had the conversation with Beale about it the next week; the conversation was at a strawberry patch where we talked about it; we were talking of wealth or something of that kind, and Beale asked me if my husband had received a mysterious note; I told him that he had. He asked me if I had read it; I told him that I had; asked me what was done with it; told him it was burned; he asked me if any other person had read it; told him that I didn't know. I asked him what he meant by the "rich old secesh"? He said old man Delaney; asked me if it was any use to propose such a thing to my husband? told him it was not. Had another conversation with him about it the next week at my house. He introduced the subject, and asked me what I though about it! I told him it was no use to talk about it. His plans were to put chloroform into the house, or to call the old man out and knock him down and gag him; spoke of the old man having a draft, and said he intended to wait until the old man drew his money on the draft and the boys left for the North before he did anything about it. Had a conversation on some three months after- wards with Beale about this matter; he threatened me never to reveal this conversation and said if I ever did reveal it he would kill me if he could lay his hands on me and if he could not he would get some one else to. I told him not to make any threats as I guessed he was in my hands now. He said I had no chance to boast.

Cross examined--Have known Beale for about ten years; was acquainted with Beale out at the "Hills"; Beale and his wife were intimate with our house; Beale came occasionally to visit at our house in the evening; never had a conversation with Beale about Delaney before the letter was received; Beale used to visit me before I was married; never had any misunderstanding with Beale; saw Beale everyday as we were very close neighbors; went strawberrying about one week after the letter was received; went about four miles from town, out by Holman's; my husband was not present when we had the conversation at the strawberry patch; we were not absent from my husband more than fifteen or twenty minutes; came back to town; had a conversation at my house with Beale about the letter; we were alone; Beale was frequently at our house when there was no one there but Beale and myself; Beale made no threats except to kill me; I told him I would tell all this conversation to my husband; I was not afraid of Beale; Beale visited me frequently; can't explain why I allowed him to visit us after writing this letter we were intimate with his wife; I was friendly to the Beales and they to us for any- thing I know.

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I. R. MOORES, sworn--Mr. Pomroy about a year ago showed me an anonymous letter; I read it carefully. Pomroy came and told me that he had stated the substance of the letter very correctly; don't think there was any distinct proposition made in the letter; it stated that "you are a poor man like myself and have to work hard for a living; other people live easy without work. I know of a plan by which we can relieve a rich old secesh of his money, etc. as Mrs. Pomroy has stated. It also stated that we are both Union men, and it was doing nothing more than "God's service to kill a rebel and that it was no more harm to kill a rebel in Oregon than back in the East; and that the more tile recipient thought of the matter the more favorably he would be impressed with it, although the plan or arrangment to get the money might no appear fight at first sight." (Mr. Moores also identified the hat and explaned the application of the band to it, substantially as Mr. Kenyon has).

JAMES BROWN, re-called--Mr. Pomroy showed me the anonymous letter; have beard Mrs. Pomroy and Mr. Moores state the contents of the letter; I recollect that it spoke of the old secesh in the country who had lots of money and that we are both poor men; didn't pay much attention to the matter as I thought it was some kind of a burlesque.

MR. POMROY, re-called--Mr. Moores has stated the contents of the letter; he recollected more of it than I do; the letter was laid right by my vice--open; I think it was the half of a small sized letter sheet and it was about two-thirds covered with writing, I think. I recollect of speaking to Mr. Beale about something I heard he had said about me or my wife; I think we had these few words early in the spring before I received the letter.

TESTIMONY FOR THE DEFENSE

W.H. RAINEY, sworn For the last eighteen months r have lived at Walla Walla, Mr. Pomroy lives there; I had a conversation with Pomroy about Beale (Mr. Robey was called to prove that Pomroy had made threats against Beale, but the court did not permit the introduction of this testimony on account of no foundation having been laid, when Pomroy was on the stand).

JAMES HERRON, recalled--I have resided on Mill creek near Rector's mill. There is a foot bridge and an old ford about a mile and a half above Rector's mill; the country thereabouts has a good many sloughs; the country beyond toward Delaney's is very rough, only one place where a man could ride up the bluff; very rough, had trail; the creek at the old ford would have been about mid sides to a horse in January last; in going from Whitsell’s to Delaney's by Rector's bridge would have been going away out of the way. In going from Taylor's to Delaney's it would have been nearly a straight direction by Whitsel’s. Herron's hill is rough and brushy; the upper bridge is about two miles and a half above the Rector bridge; in going from Taylor's to Delaney’s I should cross at the upper bridge.

LEWIS LAFURE, sworn--I reside in Salem, follow the butchering business; purchased Baker's interest in a butcher shop in this town and paid him $80 in gold--four twenties--in the latter part of December last.

DANIEL KRONENBERGER, sworn--I believe the Delaney murder was comitted in March last; can't say positive, heard them say when; but didn't pay attention to it; I paid Baker some money just before the Delaney murder; Lafore bought Baker out in the latter part of December; I paid Baker some money just before or after Lafore brought him out; Baker came to me on the day he was arrested and wanted what I owed him; said he was out of money and was going to Portland and wanted his money; said be was out of work and must have his money.

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SARAH TAYLOR, sworn--I reside in Salem; I have been residing in Beale’s family; I resided there on the 8th and 9tH of January last; Beale went to Taylor's on the 8th of January to take some horses out; he came home about ten or eleven o'clock at night; I know of the black hat that the Sheriff took away when Beale was arrested; the hat had been in my room for two or three weeks before the Sheriff took it away; it was hanging in a corner on a nail on the outside of something else; it was there on that nail during Sunday and Monday while Beale was in the country; I know is was there all time George was gone on the 9th of January last; Beale had four watches; the day he went out to Taylor's he wore a watch with a steel guard chain.

Cross examined--I am the mother of Beale’s wife; the hat hung there in that room for two or three weeks; George had worn it out to the farm to make cider and apple butter and when he came back the hat was wet; he threw it down, I pick it up, dried it and hung it up in my room. Beale has another hat, a dove colored hat; he wore the dove colored hat when he went to Taylor’s on the 8th of January last; Have had no conversation with any one as to what I would testify about this hat.

MARY J. Taylor, sworn--Have been living with Mr. Beale for some time past; lived there when Beale took the horses out to Taylor’s, it was on Sunday; I combed his head and put his hat on just before he started; it was alight colored hat; (This witness is a little girl about twelve years of age).

D. W. Jones, recalled--I was acquainted with Mrs. M. G. Pomroy who lately came from Walla Walla, she used to live here; I have heard some "talk" about Mrs. Pomroy.

W. M. Graves, sworn--I was out with the Sheriff once since the Delaney murder hunting for tracks and searching for money,

T. B. Rickey, sworn--Am acquainted with Mrs. Pomroy; know nothing about Mrs. Pomroy’s reputation for truth and veracity. (Logan declined to inquire on the other point)

H. C. Taylor, recalled--Was at Beale’s farm about ten miles from hereabout the 19th of November last; Beale was there making cider; he wore all old black hat; was there afterwards on the 22nd of November when Beale wore the same hat; had no band oil it; I noticed this because I fanned the fire with it; band had been off the hat for some time I think; was a black hat.

Cross examined--This is the first time I have been in court was not here when the hat was shown in court; did not notice anything else particular about the hat; Beale’s wife is my sister.

SHERIFF HEADRICK, recalled--I was present at the preliminary examination when Daniel Otis testified; "he then said that the coin he (Otis) received from Baker for the wood was a new looking coin, but could not recollect the date of the coin".

JOSEPHUS ATKINS, sworn--I have kept saloon for Mr. Beale for about a year past; Beale usually carried a pistol about him. (Defense Rested)

REBUTTING EVIDENCE

DANIEL KRONENBERGER, recalled--I paid Baker the $10 in December 1st or 2nd; the $80 from LaFore was paid him November 20th.

JAMES FISHER, recalled--The lady who told me the room in which the hat was found is Mrs. Taylor; the mail from which the hat was taken is two or three feet from the corner opposite the door as you go in. (Closed the testimony)

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CHARGE OF THE JUDGE

GENTLEMEN OF THE JURY: It is my duty to you in charge what the Court believes to be the law applicable to this case. By the constitution of our State you are made the judges of both the law and the testimony or the law and the facts; but it is still the duty of the Court to state what it believes to be the law, and you are to take the law as given you by the Court, unless you believe that the Court does not state the law correctly... This provision of our constitution changes the common law rules, and the practice and law prevailing before the adoption of our State constitution on this subject for by the common law and our former practice the court was the exclusive judge of the law applicable to the case. You are not lawyers and not the best judges of the law, yet called as you are from every avocation in life and familiar with the facts and circum-stances of everyday affairs, you are better judges of the facts and current application of the laws of the land to these facts and circumstances than lawyers. You are thus, from the very nature of the case, the best judges of the law and the facts.

We have our duty to perform as officers of the law. We the Jury and the Court, are each solemnly sworn to perform these duties, faithfully, fearlessly and impartially. The witnesses for the State and for the prisoners have been sworn and have testified before you and the counsel have made their arguments at length, all that is to be said or done for or against the prisoners has been said and done and I only remains for the Court and Jury to perform their duties in the case.

The law of homicide has been determined by the English courts and lawyers for hundreds of years and is well understood by every lawyer as much as any other breach of the law. All our laws clearly relating to crimes, have been transplanted from the English judiciary and are firmly established and settled. Our law makes murder a statutory offense and defines it thus: "If any person shall purposely and of deliberate and premeditated malice or in the perpetration or attempt to perpetrate any rape, arson, robbery or burglary, kill another every such person shall be deemed guilty of murder in the first degree and upon conviction thereof shall suffer death"

Murder in the second degree, is the same a murder in the first degree, except that there is no deliberation of premeditation pre- existent to the killing; or by doing some act imminently dangerous to others and evincing a deraved mind regardless of human life and without any malice or premeditation and the punishment is imprisonment in the penitentiary for life.

Manslaughter, is the killing of another without malice, express or implied and without premeditation, as upon a sudden quarrel or in a heat of uncontrollable passion, and its punishment is imprisonment from one to ten years and fine not exceeding five thousand dollars.

Any person may be convicted of manslaughter under an indictment for murder if the evidence fail to prove the latter and establishes the former offense. In this case there is no controversy as to the character of degree of the crime committed-the controversy is as to the persons who committed the crime.

Crimes are generally committed in secret, for obvious reasons; and the evidence against the perpetrators is generally confined to circumstances which surround the affair; and it is there fore with

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circumstantial evidence that courts have usual to deal in deter- mining who are the guilty parties--the question for you to determine then is not what kind of evidence shall be received but does the evidence adduced decide in your minds the guilt or innocence of the parties--is it satisfactory. It was the duty of all good citizens to assist in discovering the perpetrators of this crimes. In England the duty of the "hundred", a little community supposed to consist of a hundred families, when a crime had been committed within its precincts was to ferret out and detect the perpetrators of the deed and if they did not do so a fine was laid upon them. This made them watchful and careful to bring offenders to speedy justice. Some of the watchfulness and eternal vigilance has been transplanted to our own municipalities and when a crime has been committed especially one of the character now before the jury, the whole community is thrown into excitement. This is natural and inevitable. And, consequent to this, circumstances are sought for in every direction to discover the offenders and fasten the guilt of the offense upon them. The Grand Jury of the country have recharged their duty by finding the prisoners at the bar of committing the crime of murdering Delaney; and it is now your duty to impartially try these prisoners by the circumstances adduced against them and in their extenuation. You are to judge of and weigh the evidence according to the rules of law applicable to this case.

There are two kinds of evidence--direct and circumstantial. When one sees another shoot a person down and comes into court and testifies to that fact, that is direct evidence. When a man is found dead, killed with firearms and the matching of the rifle or the wadding of the gun is found on the spot, and is found to be a part of a letter addressed to the prisoner and torn from the balance which is found on the person of the prisoner, and these facts are testified to in court, that is circumstantial evidence. There are some circumstances that prove absolute facts, or when proved, admit of but one explanation; such for instance; as finding a man dead with a load of buckshot in this body--he must have been killed with a shotgun fired with gunpowder-also finding human footprints on landing at an island in mid ocean; the island must be inhabited. But circumstances are of various force; some stronger, some weaker. They should all tend to the same conclusion; and if they do not; they must be rejected. They must Allison agree, or be rejected. Now if these parties are guilty, all the facts proved and connected with the main fact--the killing-will tend to establish their guilt.

You are to examine each separately and all the circumstances together, under the rule of a reasonable doubt. This reasonable doubt must be a doubt supported by some reason. Not a conjecture or cavil, but such a doubt as a reasonable man would form when he is not to certain of a fact as to be willing to act on it readily and satisfactorily.

The principal circumstances in the case are the "tracks" in the vicinity of Delaney’s House and their tracking toward Salem- the whereabouts of the parties on the day of the murder--the contra- dictory statements of the parties--the hat band--the pipe and matches- the false statements of the prisoners--the two men seen on the road at night together, approaching Salem--the letter to Pomroy, and the testimony of Mrs. Pomroy. These circumstances are all, more or less controverted by the defense. It is competent in such cases, for the prisoners to prove an alibi or show that they could not have been or were not a Delaney’s on the day. (That has not been done in this case, and this is relied upon as circumstance against the prisoners.)

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The Jury must not presume anything against the prisoners--the burden of proof is upon the State. Of all these circumstances, and of the credibility of the witnesses, you are the exclusive judges. Get all the circumstances you can, examine the separately, and see what are roved, put them together, and see if they all tend to one common end. See if they can be accounted for upon any other reason- able hypothesis than the guilt of the prisoners; if they can, you must acquit the prisoners. If they cannot be so accounted for, and you are satisfied of the guilt of the prisoners beyond a reasonable doubt, then you must find a verdict of guilty.

Cases have been cited of innocent persons suffering for the guilt of others--quite a number in England; but I think there is not such danger under our laws. I know of none within my own experience. This trial is a matter of great responsibility to you and to the Court, but it is a duty that we cannot postpone or avoid. We should meet it as men. You must proceed carefully - go by the evidence, and the best of your judgment. It is also on your duty to try to agree. You may have diverse opinions when you retire. It is your duty to compare them - hold your mind open and discuss your differences fairly and candidly. No one ought to set up his opinion and refuse to be convinced, for in the end you must decide as one man, if you agree.

The jury was composed of the following named citizens of this county:

Wright Forshin, Eli C. Cooley, L. D. Hall, S. L. Kenworthy, Fred W. Geer, King L. Hibbard, Anderson Dehaven and Green C. Davidson.

(The trial lasted the whole week, the jury returning with their verdict at 2 o’clock P.M. on Saturday, having been out near four hours, when the court adjourned till 4)

The Court convened again at four o’clock P.M. a very large collection of deeply interested spectators being present. Mr. Logan, in behalf of the accused, made a motion in arrest of Judgment, upon the ground of insufficiency of testimony. After a short argument by Mr. Logan in support of the motion and brief reply by Mr. Mallory the motion was overruled by the court. The Judge then asked the prisoners if they had anything to say why sentence not be passed upon them. Beale said, substantially:

"I don’t know as I have. I believe I have got no friends in the community. The witnesses have sworn falsely against me. Every- body thinks I ought to die, and I suppose I must be hung to satisfy them. I hope everybody is as willing and as well prepared to die as I am. I expect soon to meet old man Delaney in the other world. I expect to tell the old man that it was not me that killed him. I always looked him in the face in this world and I am not afraid to meet him there.

Beale’s manner at the beginning was somewhat harded and disconnected but he soon recovered himself and the latter part of what he said was cool and apparently without much emotion. As opportunity being given to Baker to speak, he said:

"All I have to say is, hang me and you hang an innocent man. I never killed old man Delaney, I never was at his house in my life but once and do not know much about the premises. That was a long time ago. Give me time Judge, and I can prove myself innocent. The witnesses have sworn false against me. I met men on French Prairie on that day when I was down but I did not know their names and I had no time to hunt them up. I rode all the way to Lake La Bish with one man and I ought to be able to find him. I have been shut up in jail all this time and couldn’t see anybody but the

Trial page 22
Sheriff and my wife. Part of the time I was upstairs alone. Give me time, Judge and I can prove myself innocent. That is all I have to say.

Baker’s appearance indicated more excitement and weakness than Beale’s

Beale then asked the Court what time he would fix the day of execution. The Judge replied that the law limited the time to not less than thirty nor more than sixty days. Beale said on his own account he did not care but his wife was in delicate health, and on her account he would like to have it deferred as long as possible. He also desired to be shot instead of hung.

Judge Boise then proceeded in a very solemn and impressive manner to pass sentence upon the accused. He said:

"He did not propose to occupy much time, the trial had been conducted with great fairness so far as I have been able to judge. Early in the trial affidavits were filed asking that a change of venue be granted on account of prejudice of the Judge and of the community by reason of which the accused could not obtain justice in this county. The prisoners were both strangers to him when they came into court. He did not attend the preliminary examination, nor seek expression of opinion from others because he knew it would become his official duty to try the accused. He was under oath as a judicial officer and it was his duty to try all cases which came up when he was convinced that he had no prejudice so strong that he could not do it fairly. The community was of course shocked at so horrible a murder when it became known. Any man who had money in his safe or elsewhere did not know how soon his fate might be the same. It is no new thing for persons to say that they are not guilty. They nearly always way it and adhere to it, until all hope of escaping punishment is gone. Any man that was base enough to commit a capital crime would of course deny it. He only knew the facts from the evidence here. The prisoners had had the privilege of twenty challenges in making up the jury and they had availed themselves of only about half that number. Fifty men had been called from distant parts of the country to secure an impartial jury. The presumption is (unless the contrary is shown) that a man can have a fair trial in his own county. This was the rule of the old English common law, incorporated into our own statutes. A man can prove a fair character, if he has one, in his own county, better than else- where. The witnesses who had been examined and had no apparent interest in the case, and in the judgment of the Court, the jury were warranted in the conclusion to which they had arrived that the prisoners were guilty. The Judge had been engaged in more than twenty capital cases, either as presiding Judge or counsel and his experience satisfied him that men often think that they can commit a crime and if unseen escape punishment. It was a fatal mistake sometimes the officers of justice arrest the wrong person. If so, the evidence afterward discovered always acquits them. But when the guilty ones are first arrested upon slight testimony, it invariably follows that evidence is afterward found to convince a jury of their criminality. A murder committed in Polk county in 1850 was cited as an example. The perpetrator of the foul deed thought that because no one had seen it, he would escape, but circumstantial evidence strong enough to convict was afterwards found, and the murderer confessed his crime. The prisoners had had a fair trial and had been convicted. There was no hope of escape. (Beale here interrupted the Judge by saying that "he had no intentions of escaping). Old man Delaney’s money belonged to his heirs. It was the duty of the prisoners to tell where they had

Trial page 23

secreted it, in order that the rightful owners might obtain possession of it. Unless new circumstances come to light the prisoners could have no hope of clemency, and ought to confess their crime and prepare for death."

The Judge concluded by sentencing George P. Beale and George Baker to be returned to the place from whence they came, there to remain until Wednesday the 17th of May next, on which day between the hours of eleven and one o’clock they were to be taken to the place of execution and hanged by the neck until dead and the mercy of God upon their souls was invoked.
 
 
 
 

Witnesses:
 

David	Delaney	,Son
William	Delaney	,Son
Daniel	Delaney	,Son
Mr.	Smith	acting Coroner
Dr.	Swigget	examiner
William	Taylor
Jack		a mulatto
J. H.	Whitsel
Nicholas	Shram
Peter	Bilyou
A. H.	Day
Enoch	Reefer
Martin	Chamberline
Mrs. Eliza	Yocum
Robert	Baker
D. W.	Jones
J. C.	Brown
J. W.	Shrum
W. M.	Sanford
Reuben	Lewis
W. S.	Baker
H. W.	Sheldon
T. B.	Rickey
J. C.	Atkins
I. R.	Moores
Jean	Anderson
Marion	Taylor
Saunder	Hanzhurst
E O.	Smith
George W.	Taylor
Martha	Farmer
Benjamin	Vaughn
James	Duncan
Thomas	Monson
James	Oglesby
Guoyan	Gibson
Samuel	Headrick	Sheriff
James	Harpole
Perry	Herron
Mrs.	Greenwood
James	Fisher
Wiley	Kenyon
D. C.	Creswell
A. J.	Brown
Joseph	Cox
J. E.	Parrot
Simon	Swartz
Levi	Swartz
Jane	Anderson
Jerome	Greer
J. M.	Pomroy
Daneil	Otis
Paul	Oberheim
Charles	Bowker
James M.	Morris
Robert	Smith
Mrs M. G.	Pomroy
I. R.	Moores
James	Brown
W. H.	Rainey
Lewis	Lafure
Daneil	Kronenberger
Sarah	Taylor	Beale’s Mother-in-law
Mary J.	Taylor
W. M.	Graves
Josephus	Atkins

THE MURDER OF DANIEL DELANEY, SR. Confession of George Baker, Page 1

[The reasons for making this confession are these:  First, that Beale, my accomplice in the murder, has written and is now having published a confession of the murder, which is not true in many respects; and I have allowed through over-persuasion for an object, my name to be used in Beale’s statesments of the matter, which are false, and I wish to make my peace with my God and tell the truth.  The statesments of Beale are prepared by himself almost exclusively, and as he has said, were so shaped as to give him an equal show in the sympathies of the people.  He expected a commutation of sentence when he first made the confession, and proposed to me to shape it as he has for that purpose.  I now wish to make a true statement of the facts in the premises, as the time is too short for a petition to be circulated for a commutation, and as I have borne, in his statement, more of the guilt than is due me.  I am now preparing to die and meet my God in peace, if possible, and I have no further hopes of a change of sentence, and no object whatever in making this confession, but to tell things as they are, and let the world know the truth, that they may be benefited thereby.  Without repeating what Beale has said, or referring to it further than what I have, I will, as briefly as possible, say what I know to be the facts in the matter, which are as follows. additionas transcribed by Craig Smith from original pamphlet]  

About the middle of December last was the first time that any thing was said between Beale and myself about robbing old man Delaney. About that time, Beale said to me in his saloon in Salem "that he knew where there was an old man that had a great deal of money and that we could go and get it very easily," to which I made no reply. A few days after this, I went into his saloon again; when he said that it was old man Delaney he had reference to and that we could go and rob him an no one would ever know anything about it, I still made no reply to what he said about the matter. Some two days after this time, I was again in his saloon when he again proposed the same matter and said that if I would leave the management of the matter with him we could get the money and never be found out, or that no one would suspect who did it.

[About this time one of my children was taken very ill, and there was nothing more said about the matter for over a week; but as soon as my child commenced to get better, he again approached me, and wanted to know when I would be able to go with him.  I then told him that my child would have to get a great deal better before I could go into such an arrangement.  He then said we would have to go pretty soon, or it would be no use to go, as the old man was going to move to Billy or Davy Delaney’s to live, and we would never get it.  He still insisted that we ere both poor, and, by taking old man Delaney’s money, it would give us a start in the world, and we would be somebody.  He, at this interview, said that he knew where the money was; that he was well acquainted with old man Delaney; had had a great deal of business with him; that he was at his house once, packing apples, and struck his hammer against a keg setting under the bed, which sounded like it was full of money; that most of the people believed the old man had his money buried in the ground, but he knew better than that; that the money was in the house.  He also said that he had been out, or was going out, soon. After some butter, and that he had, or was going to, prospect and see where the money was.  I do not recollect positively how he mad this last statement, but I am sure it was in relation to prospecting, to see where the money was.  He further said that he had already poisoned and killed the old man’s watch-dog, but that he had got another one from Billy, which was of no account; that he could run him out of the yard with a whistle.  additions transcribed by Craig Smith from original pamphlet]

About this time, I was strongly in the notion of enlisting as a soldier but Beale told me that he had a better thing for me and persuaded me out of the notion of enlisting. A short time after this interview Beale went out to his farm; requesting me to come out the next day to avoid suspicion saying it would not do for us both to go together. I did not go out, nor agree to go out. When Beale came back, he approached me in this style: "You are a d--d pretty fellow not to come out as you agreed to; to have a man travel there and back for nothing."

Next morning after the last conversation, I called in at Beale's saloon and I agreed to go with him to Delaney's after his money. We agreed upon this plan: Beale was to go out on Sunday to Mr. Taylor's and stay over night and I agreed to meet him next day at Rector's bridge on Mill creek. On Sunday morning before leaving Beale gave me a bottle of whisky, telling me to bring it out next day and told me to bring some small rope to the tie the old man with. After meeting at Rector's bridge we proceeded to Delaney's as published heretofore in the Oregon Statesman, arriving on the hill a short distance above Delaney's house at the place testified to in court where the horse was hitched, at about half past four, PM Beale asked me if I had brought the rope. I told him I had no rope but the one I had for a lass rope on my saddle. Left my horse, went down near the house, saw down in some underbrush in the timber, and watched the maneuvering of the old man and drank whisky, Beale persuading me to drink plenty of whisky so that I would have good courage and than there would be no back out in me.

At this time and place Beale told me that he had been there four or five times before that alone, and watched the old man but could not get a good chance at him or something of that kind. About half past five o'clock, Beale and I went back to where the horse was hitched and saw he was all right and returned immediately; stopping at a pool of water and blacked our faces from some lamp black that Beale took from his pocket. We then proceeded to the house, or gate near the house. Beale then hallooed "halloo" some three or four times, and the old man came out - Beale saying to him that he was a stranger in the country and had got lost in the hills in trying to find the road to Duncan's and wished the old man to direct him, At this time it was getting quite dark. As the old man neared us Beale spoke to me in a low tone of voice, saying two or three time, "Shoot", "Shoot", which I did with one barrel of my shot-gun and the old man fell upon his hands and knees. The dog coming out toward us, I fired the other barrel at him. The old man in the mean time, got up and

Baker confession page 2

started toward the house and fell forward. Beale got over the fence ran up to the old man and shot twice at him with a pistol--When Beale started for the old man, a little negro boy standing close by, started and ran into the house, locking and fastening the door and taking the dog with him. After shooting him, Beale went to the door of the house and tried to get in, calling at me to "come on"--In the meantime I was loading my gun at the gate. At his call for me to "come on" I came up and we both tried to push the door open but could not. Beale then picked up a log of wood some three feet long and eight or ten inches through with which he bursted the door open and rushed into the house and shot at the little negro boy some three or four times, as he (Beale) afterward told me. Beale in the meantime told me to stay out in the yard and see that nobody came while he looked for money. Beale searched for sometime, then came out and told me to go in and look and see if I could find any money. While I was in the house, Beale came to the door and told me to break open the stair door and look up there which I did. I looked in several boxes but found no money. I then came down, went out in the yard and Beale went upstairs. When he came back he told me that lie could not find anything up there, He told me to go into the kitchen and search there, which I did, getting the key from the little negro boy but found no money. At this time I did not know whether Beale had Got any money or not.

We then left the house and went to were the horse was hitched, as described by witnesses in court. We came in town on same route as sworn to in court by Harpole and others. On our way home, Beale asked me if I had found any money. I told him I had not, I then asked him if he had found any. He said he thought he had some seven or eight hundred dollars if it was all gold. There was nothing more said about money until we got to the old cabin in Strong's pasture, Here we stopped, tried to wash the black off our faces and Beale gave me $500 in gold coin saying that was half of what money he got.

[From this place we came a short distance together to a fence, when Beale left me and came on home.  I laid the fence down, took my horse through, laid it up again, and came down to Dan the butcher’s slaughter house; laid another fence down and up, and went into the slaughterhouse to find something to tie the money up in, could not find anything, came out and took the lining from my coat sleeve, tied the money up, went up to the creek a short distance, and buried the money by an oak stump.  I then got my horse, came down and crossed the ford above the foot bridge, and went to the stable, put my horse away, fed him, and started home.  I found Beale at the back of my house inquiring for soap to wash with.  I went into my house, left my gun, got some soap and a wash pan, went to the well, got some water, went to the bridge of Warner’s paint shop, where they take wagons in and washed there together.  Then Beale left me, and I saw no more of him until the next day.  After washing I went into the house and went to bed.  There was noting more of importance until my arrest. additions transcribed by Craig Smith from original pamphlet]

I had no idea that any one suspected me until my arrest. At the preliminary trial I wished to make a full confession of the murder but was induced not to confess by my attorney, who said that if I made a confession such was the excitement among the people that a mob would raise and hang me before I could get out of the house where the trial was being held or to the first sign post they came to. Caton told me that there would be no trouble about getting clear; that I would have to stay in jail until court met in March, when I would come out all right. The first time my attorneys came to the jail after the preliminary trial Beale made a confession to them but did not tell it correctly. In a short time Caton & Curl came in the jail again and wanted to know how much money I had got, and where I had put it, I refused to tell them at that time. Caton said they would be obliged to have money to carry on the suit with, or they never could clear me. I still refused to tell them about the money --Caton & Curl came back in a few days again, and said that I surely had money, and that they would have to have it. I then told Caton where the five hundred dollars were that I got from Beale. They then left the jail. Caton came back next day and said he could not find the money; that he would have to have new directions and a diagram showing where the money was, which I gave him and I also told him that I had three hundred and eighty dollars of my own money buried in my woodshed. He then said that there were men digging up my woodshed and looking for money and if they found it would be evidence against me. I told Caton that if he found that money (three hundred and eighty

Baker confession page 3
dollars) to give my wife a portion of it, which he did not do. The next time he came back to see me, I asked him if he had found the money to which he made an affirmative nod of the head and took me into my cell and told me not to let Beale know anything about it. (I have since sent the sheriff, Dan Delaney and John Davis to the place where the money was buried and they found it as I told them but the money had been taken away). At this time he had told me that he would go to Portland but he would tell the people that he was going to Yamhill; that he would go by way of French Prairie and hire a Frenchman and a half-breed to come and swear that they saw me on the 9th of January last, late in the evening, drunk on French Prairie. In a short time after this, Caton again came to the jail and told me that all was right; that he had hired a Frenchman and half breed to swear for me; and said that there was no trouble in hiring witnesses down there; that he could have hired a dozen if he had had the money; and said the only difficulty now would be to get the Frenchman and half-breed to see me in jail, so that they would be able to recognize me in court and if they could not get to see me in the jail that he would have a friend of mine to point me out to them in the court house.

I never knew but they would be there and swear as Caton said, until my attorneys said they would rest. I then asked Caton where the two witnesses that he got on French Prairie were. He had said that they had broken into a store at Fairfield and he was afraid the prosecuting attorney would recognize them and impeach their evidence. Caton and Logan told me all the while never to make a confession, that the people would hang me and my attorneys too if I did. I told them that there was no chance to get clear and that I would fare better to make a full confession and throw myself upon the mercy of the court. They said yes that they would get me out all right; that it was not me the people were after, but Beale.

Some two weeks before court convened Beale and I were separated. I was put upstairs and not permitted to talk to my attorneys privately but when court met Logan got an order from the court to see me privately and came up and had a talk with me; said Beale had been telling him that he had got some thirty thousand dollars and wanted to know if I knew anything about it, I told him I did not.

[He asked me if Beale left me at any time on the road home from Delaney’s.  I told him I thought not; but since , upon reflection, I remember of Beale going through Dutch Adam’s field on foot, while I rode around, and he got a short distance behind me at the creek, this side of V.K. Pringle’s and whistled for me to stop, came up and told me I was riding too fast for him to keep up.  He was again separated from me a short distance at Davidson’s meadow, but was out of sight for only a few moments.” additions transcribed by Craig Smith from original pamphlet] 

From what I know about the matter I think the money the attorneys got from Beale was Delaney's money. I saw the old silver dollar that Beale speaks of the next day after the murder. I would here say to the attorneys, if they got the five hundred dollars that I told them belonged to Delaney, to give it back to the [Delaney boys, as it is justly theirs, and the attorneys have no right to it.  And I am sure Caton as good as told me he had got the money.  I also think that they ought to give the money they got from Beale back to the Delaney boys, notwithstanding they say that Beale told them it was his own money—which, if he did, he surely was mistaken, or did it for some other purpose.  What Beale says now about the money (81,400) must be true, as there is no object in him or myself getting into any altercation with our attorneys.  It would surely make the matter worse for us to have the attorneys say we were not telling the truth, and we cannot tell the truth without implicating them in the money matter.  I hold no malice against my attorneys or anyone else.  If my attorneys’ days were numbered as mine are, they might think somewhat as I do about refunding the money to the Delaney boys. additions transcribed by Craig Smith from the original pamphlet]*

[Right here I wish to say that my wife is entirely innocent of knowing anything of, or having anything to do with the murder Delaney.  She knew nothing about it until I made the confession.  I have committed a great crime, and ought to suffer the penalty of the law, but innocent persons ought not to suffer for the crimes of the guilty ones. additions transcribed by Craig Smith from original pamphlet]

[I regard my trial as a candid and impartial one, and have no reflection to cast upon the officers of the court, or the jury, or witnesses, except the two witnesses on the part of the prosecution, who were mistaken in their testimony. additions transcribed by Craig Smith from original pamphlet]

[In conclusion, I will say that my name is George Baker; was born in Ohio; was thirty-two years of age on the 3^rd of July, 1864.  My life has been an unsettled one.  I came to Oregon in 1852; was married in 1855; and now have four children—three boys and one girl—all living.  I have have never committed a crime of great magnitude until this one; and yet I have not been a Christian man, but I have lived an irreligious life, sometimes indulging in such vices as swearing, drinking and keeping bad company, and but for my indulgence in intoxication, drinks and visiting the dram-shop.  I should never have committed the crime for which I have got to die.  And right here I would say to all, and more especially to young men, to avoid the dram-shop, bad company, and evil practices, if you would avoid the consequences growing out of them. additions transcribed by Craig Smith from original pamphlet]

[Since my conviction, I have been reviewing my life, and seeking pardon for my wrong doings, and hope to die in peace with God and man. additions transcribed by Craig Smith from original pamphlet]

I wish to say further that I feel especially grateful to the Sheriff and his wife for their kindness toward me since my arrest and imprisonment; and also thank others for visiting, counseling and manifesting interest in my future welfare.

I now commend my family, friends and myself to God.

BEALE'S STATEMENT ABOUT THE MONEY

We give the following extracts from Beale's confession so as to explain the statements about the money obtained at Delaney's house. As stated before in this paper, Beale insists that they got only 51,900 from Delaney's house, $500 of which was given to Baker and the balance kept by Beale. Baker gives an account of the S500:

"I will not go back to where I left Baker, close to Dan the butcher's slaughter house. I came from there straight home. Came over the hill by Jo Smith's; crossed the creek on the foot bridge; came down to the new grist mill race; put what money I had under the plank race close to the dam; left it there until next evening; went about six o'clock, raised the money, and went up the creek by the brewery by Mr. Dillon’s and by Mr. Water's house--the one that stands in the field, close by the creek; about one fourth of a mile beyond that, in the brush. I buried the money in a cigar box in the ground. The amount of money was fourteen hundred dollars in twenty dollar gold pieces and one old silver dollar that was battered on the edge.

On Monday the first day of my preliminary trial, I told Caton where that money was; told him to go and get it and put it away until I told him what to do with it. He came to the jail, next day. I believe and said he and Logan went but could not find the money, He said that he and Logan came near having a fight. Logan accused him of playing him;--said that he knew where the money was, but wanted it all himself, He said that Logan told him he was as great a thief as I was. Caton said he tried to get away from Logan and go alone, but he could not get clear of him; he watched so close. He then warned me not to tell Logan where any money was for he would raise it and keep it.

Logan told me that I. R. Moores and many others had gone over the long bridge to look for money. He then asked me if there was any money over that way. I told him there was not, He then asked me where there was any money and I told him up on the side of the creek. He asked me what kind of money it was. I told him twenty dollar pieces. He said that was good; he was afraid they were some of those d--d old square fifty dollar pieces. He wanted me to turn Caton & Curl off and said they would get all the money and then I might hang and be d--d for all they cared for was the money and not for Baker or myself.

The next day (Wednesday) I gave Caton new directions and a diagram of the place where the money was. After that he and Curl both told me that they had gone as directed and found the money and had brought the cigar-box that it was in broken it in small pieces and thrown it the mill race. Caton told me in the presence of Curl that he had thrown the old dollar in the river, or creek-- I do not remember which; but one or the other. I often spoke to Caton about that money and told him not to disturb it and I never knew any better until Judge Strong came to the jail in company with Logan, the first week of the court and said Logan bad spoken to him to assist in my trial, and wanted to know if I could make him secure in his pay, and that thirty thousand dollars must be raised; that Strong had been making inquiries and found that my land was held by a judgment for as much as it was worth. I told him I would have to make use of some of that fourteen hundred dollars.

He then said, they made so d--d much fuss about the money, that he had to divide it between Logan, Curl and himself. This was the first that I knew that that money had been disturbed. I spoke Sharply to Caton; told him that he had no right to disturb one dollar

Beale's statement page 2

of that money. Since my confession I told the sheriff and John Davis where the money was buried. They went to the place taking with them Geo. A· Edes and found everything just as I had told them. Some blue paper was found on the ground that had been in the cigar box but the box and the money was gone.

Now, something about this thirty thousand dollars, so often spoken of. This is all a fabrication of my Own, AS I have before said, my attorneys, like everybody else, thought there was a large amount of money somewhere; and money was what they wanted. I first told them the truth about the money but they did not believe me. I thought that by telling them of this money they would attend to my case better, expecting they would get some more money. I told Logan and Caton that Baker knew nothing about this money; that I had got it when he was not in the house. I told them that when we left the house, Baker went direct to the horse and that I took a circuitous route to a place I had prepared beforehand. I told them I had dug a hole, carried away the dirt and brought stone to fill up the hole instead of dirt. I first told Caton about this supposed money and afterward told Caton and Logan together. Logan wanted me to tell the place so he could send a man, by the name of Knott that he had brought up from Portland; said the man was well acquainted with the Delaneys, and I think he said he was out at Delaney's at that time. I told him that the money never could be found unless I could go myself and if I never got clear, the money would never be found. He said the squirrels would dig it up. I told him about bringing the stone and filling the hole with it. It was proven in court that both our tracks went the same direction from the house to the horse. Caton acknowledged in the jail that the above statement was true. That shows the S30,000 matter to be false.

May 17, 1865, THE OREGON STATESMAN, Salem, Oregon

EXECUTION OF BEALE AND BAXER

Not being able to attend the execution of the Delaney murderers in person, we are indebted to a friend for the following account of it.

The prisoners were escorted to the scaffold by the Marion Rifles. An immense throng was present to witness the terrible scene. The prisoners, with escort, arrived at the gallows about 11:30 A.M, Beale went up the stairway to the platform without assistance, and with a firm step, Baker was apparently enfeebled, and mentally suffering. Both were dressed in full black cloth suits, with black gloves, white stockings and cloth gaiters. Beale was cool and prepared. Baker seemed much depressed and showed great penitence. Rev. Father Goens attended Beale; Rev. O. Dickinson and A. F. Waller, Baker, Rev. Waller addressed the crowd warning them earnestly against crime. Father Goens next spoke briefly and to the same effect. Baker then arose and said:

"Ladies and Gentlemen: Look at me, a poor miserable man on the gallows to suffer and take warning by me. Oh, keep out of bad company, and believe in your God. I advise you all to pray; to get down on your knees and pray. God is good and mercifal. He can save you. If I had never gone into bad company I would not be here now to die, I am soon to go into eternity, to appear before my God. Pray, for me friends. I forgive all in this world. I have no more to say. Farewell,friends, farewell."

Beale said:

"Brethren, Ladies and Gentlemen: I am here to die, and you will excuse me if I don't speak as I would like to for I have never been accustomed to public speaking. I am here to suffer death for my crime, I am more guilty than my companion is here. He did most of the transactions but I got him into it and planned the whole thing. I am the most guilty and would like to take the whole punishment on my own hands and have him go clear. And for that old man that was sent out of the world so quick that he could not prepare, I wish that if he has bone to hell for his sins, and I go to heaven, that he would take my place in heaven and I take his place in hell." (He then spoke briefly on the evils of bad company, and said:) "I have always been a fanatic, and never believed in this Book (holding out a Bible) until within a few days back. Now I believe in it and believe all can be saved by it; that God will save us if we do right. I wish to read you a Psalm from this Book." (He then read the 98th Psalm. The prisoner's voice was clear and very calm. After reading the Psalm, he again admonished all present against evil company, and to read the Bible, and added:) "I have now no further use for this Book, it is the best Book in the world; it has done me a great deal of good; I have no further use for it-- take it"

At this he threw the book over into the crowd. With a few words more he concluded and the, turning to the sheriff, remarked: "Well, I am ready, as far as I am concerned." and resumed his seat, Neither of the prisoners made any allusion to the facts connected with the murder or robbery, or to the amount of money found or taken by them. Beale, by a single remark, barely intimated that he had told all in his confession. Baker spoke in subdued, penitential tones, and was much agitated Beale's voice and manner indicated that he had thoroughly braced himself for the occasion and was cool and composed. Rev. Dickinson read the 55th Psalm and then prayed-the prisoners kneeling. Baker shed tears and for a moment was convulsed with emotion, but soon recovered himself and sat patient and listless. Beale was unconcerned. After prayer Revs Waller and Dickinson bade adieu to the prisoners and left the scaffold. Father Goens staid with Beale to the last. Beale pressed a crucifix. At Beale's request the Priest stated to the crowd that Mrs. Beale knew nothing of her husband's crime at the time, and was entirely innocent of wrong in everything connected with the crime.

Execution Page 2

The sheriff and assistants then fastened the legs of the two men with black tape at the ankles, moved the chairs on the drop, led the prisoners to them-when seated-placed on their heads the black caps. Beale rose and embraced the sheriff, and then resumed his seat, keeping crucifix to his breast, and the Priest whispering consolation. The caps were then drawn over their heads, the nooses affixed, both stood up, chairs taken away, all ready, trap sprung, and George P. Beale and George Baker were launched into eternity.

Baker's shoulders barely moved, then motionless. Beale never made a motion. They hung twenty-one minutes, and were then pronounced dead by Dr. McAfee and cut down.

The rope cut Beale's throat, severing jugular vein. The bodies were given to relatives.

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