The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1873-04-11

killed. Heard some one say that
somebody had taken two neck-ties.
Pelton said it was id dirty trick.
Keeney replied I did it and you are
d--d dirty s-n Of b--h. Kee-
ney made motion towards Pelton
and l saw Pendleton strike Keeney.
Keeney then left the house and saw
him next standing on the stage,
few minutes afterwards with bis
hands in his pants pockets.
W. r. MccuLLocK
(shown pistol by counsel) 1 know
that pistol; it belongs to me; loan
ed it to Keeney on the day of the
party; had loaned it to him often
before when he took trips. Keeney
didn't say what he wanted with it.
HESRIErrr GORE
testified: Was at the entertainment
given by Mart Taylor when Pelton
was killed. The first I heard of the
fuss Pendleton was standing with my
son and Pelton. Pendleton said
some one had taken two neck ties
and lady was left without part
ner. Pelton said it was id dirty
trick. Keeney stepped up and said
he did it. Pelton said take moth
ing back. Keeney said you are a
id s--n of b-h. | then turned
and went away. Had hold of my
sons arm part of the time.
Cross Examined - Did not hear
Pendleton say whoever took the
neck-tie was id s-n of n b-h.
Court took recess until 7. P. ny
O'clock p. NJ Examination Re-
sumed.
LEVI DOUGLAS
testified: Am Constable OF Harris
burg Precinct (shown pistol). That is
the one. got it of Mr.. Jordon at
Harrisburg.
CHARLES MILLER
testified: Was present Mt the ball
when Pelton was killed. Don't know
much about the killing. Was watch
ing the door to see that Keeney did
not come in after the first fight.
ALLgS PARKER.
Am Sheriff of Linn county. The
next day after the transaction / re-
ceived Telegram from Harrisburg
informing me of the killing. Went
up the next day; found another par.
ty under arrest: after the examination
was over i went 10 Eugene; thought
| had found track of Keeney and
sent two men after him; did not find
him. Sometime after some OF kee-
neys friends came TO Albany to en-
ploy counsel. They wished me TO
swear out warrant before Judge
Tandy and give Keeney preliminary
examination; stated that If i would
do so keeney would be forth coming;
l stated that would see the Prose
cutting Attorney and IL he was willing
L would do SO. Prosecuting Attor-
ney was unwilling and l did not do
it. arrested Keeney at Swank's.
He came there and gave himself up.
Here the Prosecution rested.
The first witness examined for the
defense was
N. W. cASTER,
who testified: Reside at Harrisburg.
did not see the first row in the ball
room. The first saw of the second
row, keeney was standing on the edge
of the stage. Saw Pelton take of
his coat, Jay it down and raise n stool.
Saw that he was going to strike and
endeavored to catch the stool; turned
to look for my wife and heard the
blow strike Keeney; struck him on
the back of the head. Keeney was
standing with his hands in his pockets
when he was struck. Did not see the
shot; the report OF the pistol was in
n few seconds after the blow with the
stool
Cross Ecaminea-Did not see the
first row. Saw my wife standing
near; don't remember who else was
standing by. (Witness showed posi-.
tion of parties on the stage.) Plat
form or stage was eight feet from
front to rear; stood about four feet
from Pelton when he raised TO strike
with the stool. Did not see Pelton
off the stage after the first row; saw
Keeney come on the stage from the
rear.
Direct Examination Resuned-I
have the Hall in which the ball was
given leased. One of the windows al
the rear of the stage was used on the
night of the ball for the actors to 60
in and out at. There were steps to
come in at the window from the out.
side.
JAS. MACY
testified: Was in Harrisburg on the
evening of the difficulty between Pei
ton and Keency. Saw John Gore
and Pendleton out of doors about for.
ty feet from the ball room. Gore
said, there is going to be a row
here; said it would be with nobody
but Elias Keeney. Gore and Pendle.
ton went in the house and l followed
soon after and saw Keeney running to
the door ard Pendleton and John
Gore after him. He stopped at the
door and tried to put his hand in his
pocket, but the boys followed him SO
close that he again retreated. Saw
him again, soon after, on the stage
near Pelton and saw Pelton strike
| him twice with the stool. Atthe Sec
ond blow the pistol went off and Pei
ton fell. Saw Pendleton strike Kee.
ney; they fought down the side OF
the wall toward the door. Saw Jim
Gore run in and strike Keeney; sew.
eral others struck him. He cried out
murder |" and | caught him and some
body else caught Pendleton; in the
scuffie Keeney got away and ran.
Cross E.1osszi,,e67- the nistol in