SURPRISE VALLEY RECORD, CEDARVILLE, MODOC COUNTY, CAL
WEDNESDAY, JULY 3, 1935
FORT BIDWELL HIGHLIGHTS
Mr. and Mrs. Tommy Buel made a hurried trip to Reno last Friday to get Mr.
Buel’s daughter, Lila Lee, who will spend the summer here at her father’s
home.
Miss Ida Heard and niece, Miss Norma Conlan, left for Standish last
Wednesday, where Miss Ida will be associated with her brother, Claude Heard
in a store. Miss Norma will return home after the 4th of July.
Dr. and Mrs. Snoddy departed for Arizona last Thursday, where the Doctor
will work as Field Physician for the Indians. Dr. Snoddy has been the head
Physician at the government hospital here for the past two-years on account
of the illness of his wife asked for a transfer to a warmer climate.
J. J. WILEY IS CONVICTED OF CATTLE RUSTLING BY JURY
JURY DELIBERATES MORE THAN ELEVEN HOURS BEFORE RETURNING VERDICT IN CATTLE
CASE
John J. Wiley, Camino and Eagleville rancher lies in the Modoc County jail
at Alturas awaiting sentence, following his conviction Saturday by a
Superior Court jury under Judge Jamison, of the crime of grand theft. The
specific instance of which Wiley is convicted was the theft of four-head of
cattle from Glenn C. Talbott, Lassen and Modoc County rancher, on February
27, 1935.
The verdict of the jury was returned at 10:55 after it had deliberated since
2:55 P. M., Friday. Wiley will be sentenced today.
Wiley’s conviction came with dramatic suddenness after practically everyone
who had followed the case had abandoned hope that a verdict would be
reached. The bombshell fell in an almost deserted courtroom, the interested
crowd of spectators and stockmen, being caught unaware when the jury
suddenly reached a verdict.
When the court asked the jury if they had agreed upon a verdict, A. L. Hays
arose, as foreman and handed the two slips to the Judge. Judge Jamison read
the verdict through in silence and then tendering the one verdict back to
Mr. Hays, asked him to read it.
"…..Find the defendant guilty of the crime as charged in the indictment",
solemnly intoned Vern Hays.
Kes Wylie in his final address to the jury rose to oratorical heights
greater than any other counsel had touched in the case…. Visibly moved he
assailed Russell’s action for slurring John Sharp… He pointed to the
testimony of Mrs. Allen … He asked why, if Russell sought to discredit the
testimony of Cantrall, McCrary and Smith, that he had not done so… Russell
was on his feet with an indignant protest, that the counsel for the defense
had not implied that these witnesses were unworthy and Wylie countered with
a quotation from the record of Russell’s statement, "I could, in one hour
bring a thousand witnesses into this court to impeach the testimony of
McCrary, Smith and Cantrall."..
Judge Jamison stopped Wylie’s line of argument, but denied a motion of
Russell to strike from the records Wylie’s comment on the defense’s failure
to produce certain witnesses… As Wiley nervously fingered his cravat, Wylie
thundered, "If you don’t stop these men with money, we will by faced with an
utter disregard of law... If a man of means can come into Modoc County and
steal cattle and get away with it, we might as well dismiss our officers, we
might as take the doors off our jails and stop trying"
"I SAY TO YOU THAT EVERY BOND OF CONSCIENCE IS CALLING ON YOU TO CONVICT
THIS MAN. I IMPLORE AND ASK YOU IN THE NAME OF FAIRNESS, IN the NAME OF
JUSTICE, AND FOR THE SECURITY OF PROPERTY LET’S GET THE BELL-WETHERS AND
RING-LEADERS."
Judge Jamison in his twenty-one instructions to the jury did not take
advantage of the recently passed statute to comment on the evidence but
confined himself to rules of the law. The instructions were very fair,
apparently, for the defense…
As Hays returned to read the verdict, the Adams Apple of Jack Wiley began to
move up and down rapidly, but that was the only visible of his intense
interest of the drama, which would affect his life regardless of which way
it went. The external jugular vein in his neck began to race, as his pulse
quickened. His jaws were set, the muscles at each side standing out.
Otherwise, he was looking straight ahead, his face a swarthy mask.
His expression failed to change as the import of the verdict impressed
itself on his mind. His little daughter, who with his wife, was seated
beside him, leaned over and whispered something to her daddy, apparently
asking of the verdict meant he was convicted, for he nodded in reply
District Attorney, A. K. Wylie, who with Sheriff John Sharp had developed
the state’s case and who had presented it to the jury, arose and thanked the
jurors for their consideration of the evidence and for their verdict.
Judge Jamison set Wednesday, July 3, as the date for sentence and remanded
the defendant to the custody of the Sheriff pending that date. Then he
turned to the jury.
"The court also wishes to thank you for your indulgence," he said, "And for
reaching a decision which appears to be a proper one."
Wiley’s conviction came after 4 days of trial. It came after 11 hours of
deliberation in the case and twenty hours after the case was turned over to
them for their decision. It came after even the prosecution had all but
abandoned hope of a verdict being reached and after stockmen had begun to
ominously mutter that "If Wiley goes free, there is no use of us trying to
remain in business". It came after Wiley’s demeanor had visibly perked up
from the half-worried stance he affected during the early part of the trial.
He had expressed himself as being confident the jury would hang, and
apparently he believed that would materially aid his chance for going free
at a subsequent trial.
The case had attracted statewide attention. Bowler Rucker of the cattle
protection service having aided the state in the preparation of its case and
"sat in" with District Attorney Wylie throughout the trial. Cattlemen
throughout the state had been vitally interested and every press service had
carried lengthy accounts of the trial.
Packed courtrooms were on hand throughout the trial. The evidence as
presented by Prosecution Wylie appeared to be clean-cut and convincing. The
defense offered nothing save the word of the defendant and his previous
character, devoting most of its time to attempts to discredit testimony of
prosecution witnesses.
Two highlights of the trial..
The query shot at Wallace McCrary at the conclusion of his testimony, on
cross-examination, by Cliff Russell: "You steal cattle from your friends,"
and the sudden appearance in the courtroom door while Judge Jamison was
addressing the jury of a man, who remarked to a bystander, "It looks to me
as if they have a juryman bought".
(There is more on how the jury was accepted)
LIGHTNING FALLS TREE ON HIM
JOHN OBERHOUSE SUFFERS SKULL FRACTURE
Lightning, Wednesday night fell a tree on John Oberhouse, forest service
worker, as he was fighting a fire started by another lightning bolt.
Oberhouse sustained a skull fracture and bad concussion and his lower lip
was almost severed. He was brought to Modoc General Hospital where he is
recovering under medical treatment.
RHUA HOBBS COUGHAN SUMMONED BY DEATH SATURDAY MORNING
"Did you hear His gentle whisper?
Did you see the Gates unfold?
Ah, yes, dear little sister
Walking now His streets of gold."
Dear little Rhua is no more; How bravely she fought for life against the
ravages of typhoid fever only those who were privileged to be with her
knows. Stricken with what was then thought to be intestinal flu, Rhua
remained under a doctor’s care at Malin for several days, until her
condition became so alarmingly bad, she was rushed to the hospital at
Klamath Falls. Here everything possible was done for her, but to no avail
and last Saturday at 10 P.M., God whispered and she slept.
To her a beautiful blessing; a true little Christian, what a reward she will
reap in that Beautiful Land over there!
To us who loved her what a loss? No one can ever fill the little niche she
occupied. Always ready with a loving word, a beautiful smile, a cheery wave
of the hand for everyone.
To husband, little children, father, mother, sisters and other loved ones
the loss is extremely great, indeed. Theirs is a firm faith that "there is
no sorrow there"; so with streaming eyes, they bid farewell to mortal
remains and know sometime, they'll meet her where sorrows are no more.
Rhua Hobbs Coughan was born in this valley almost twenty-three years ago.
Most of her life has been spent in and around Lake City, excepting a few
years in Ashland, Oregon.
She was married to Sylvester Coughan about five years ago, to this union
were born two children, Raymond and little Gladys, who is only two months
old.
She also leaves her parents, Mr. and Mrs. Roy Hobbs, a sister, Mrs. Thelma
Childs, two other sisters, Phyllis and Barbara Hobbs, all of Lake City,
besides numerous other relatives.
To these loved ones our hearts go out in sincere sympathy, as do all the
people in Surprise Valley and elsewhere, who know and loved her. May the
dear God bless and comfort them all.
"Fare thee well, dear little Rhua,
You are not beneath the sod
Only in a quiet corner,
Blooming in the garden of God." (1:6)
ALTURAS NEWS NOTES
Frank Nolan of Eagleville was a visitor Sunday in Alturas bringing his son,
Franklin Jr., for treatment.
Mrs. Pearl Porter Gibson has been released from Modoc General Hospital and
is now at her home.
Angelina Goni was a patient at Modoc General Hospital last week.
Mrs. Guy Wimer of Eagleville was an operative patient Monday at Modoc
General hospital.
Mrs. Charles Maxfield has sustained a broken foot and is painfully
recovering.
A large charivari was held for Mr. and Mrs. Herb Faulkner, Saturday night..
she was formerly Miss Lelah Boyd.
FRANK HARBERT GOES TO SAN FRANCISCO
Adin – Frank D. Harbert, Justice of the Peace and a candidate last year for
Sheriff, left Sunday for San Francisco, where he will spend a few days under
the care of a specialist for skin cancer. Mr. Harbert has been suffering
from the affliction for several months and had it removed unsatisfactorily
last summer by a process of solar-therapy.
NEWSY NOTES FROM NEW PINE CREEK
Davie Brickey is the happiest boy in our little city these days on account
of being paid a visit by his sister, Pauline of Susanville, California. Miss
Pauline will return home soon and Davie will go with her and return in time
for school this fall.
Carl Briggs, who was wounded at Lakeview by having his gun explode, is a
brother of our citizen, P. N. Briggs.
Rev. Lee Hall and family left here last Monday, July 1st, for Terrebonne,
Oregon, where they will locate. The writer joins their many friends here in
wishing them success, happiness and contentment.
Alvin Butler and family went camping first of the week expecting to remain
until Sunday but the cold snap that is visiting this section was too
uncomfortable for them so they returned much sooner then they expected.
DOINGS AT EAGLEVILLE
Young Frank Nolan was taken to Alturas hospital; he is improving slowly but
surely.
Farmers anxiously awaiting the day when they can finish their haying.
Farm hands wishing for the 4th to come.
Young Murphy falls asleep while returning home from ??? and proceeded to mow
fence posts to the ground.
~~~~~~
Billie C. & Anita 'Jean' Reynolds
Family Researcher of "The Last Frontier"
Modoc County, California
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