The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-01-25

loved the birds with his eyes rnsl The nocx
d.sappeared behind yzsting point As
Casco the Jury walked along the trail
taken By Rusfea when be shot Flefchers
dox. snd thsa inspected the Larsen cot
tage, IN the porch Of which Fletcher stood
when bis head Vas blown OF By RatteH-
After . half-hcur's stay 1t Chico. the jury
returned TO the steamer and we're taken
back 20 sydney. When court re-convened
the cyoss-exsxnanas ion Of Kutten vas con-
tinusd. bat LITTLE cozid be gotten ont Of
him. His answers we're SLOW, though de-
Iber2te. and it Was weary work IL was
brought out that he was an ex-soldier,
having served three years In the army.
He admitted when closely Questioned that
he never drilled with gan. Finally Mr..
Fairfield asked him:
You say you are afraid Of dogsf"
Yes. sir; | am"
'sBut you killed COUGAR"
Yes"
Were you in hiding At the time you
killed the COUGAR"
"So. vas in the opsn and the cougar
WAS In the open, too"
Are you afraid Of cougarsfa
II woaidn's care TO have fight with
one"
After supper the defense called Joseph
&. Mitchell. . rancher near Chico, who
srore that he knew Rutten was afraid Of
dogs lie also talked with Rutten shortly
after the shooting. while the prisoner was
tied 10 the mast Of the Chehalis.
L. w. May. q farmer. and c. b. Matthias.
who has lived In Chico several years. were
called, and swore that man standing IN
the door Of the Larsen shack could not see
man standing on the footbridge over
head. the porch being in the way. This
evidence was introduced in order to show
that IL Rusten stood In the door when he
shot Fletcher, those who were on the
bridge could not have seen any portion Of
the gun. Several witnesses for the state
had sworn they saw about six inches of
the gun barrels sticking ont from under
the porch at the time of the shooting.
Rutten claimed that he was inside the
door Of the shack when he fired. and Lar
sen corroborated him In this particular.
fisk inches of the gun protruded under
the porch the gun must necessarily have
been about twelve feet long. Thus il was
shown that either Rutten and Larsen have
not told the truth or that the states wit
nesses have sworn falsely.
Lilly, c. II. LiiIy's little 7-year-oid son,
who was playing in Capt. Seymore's yard
at tho time Rutten shot Fletcher's dog
The boy Is bright little fellow, but his
testimony, taken as a whole, did not i'm
peach any portion of Rutten's evidence.
C. II. Lilly was recalled and stated that
after Fletcher reached the bridge over the
gulch, i'm which the Larsen shack Is To-
Gated. he did not stop to tell anyone to
ego back home" He swore that he was
behind Fletcher all the time and that
he never los. sight Of him at Oil.
did Fletcher pick up . :ock7" Mr..
Lilly was asked.
mo; he did not"
"pid he at any time move his hand a. IL
to throw rock2"
"No, sir"
Andrew Larsen. the only eyewitness to
the shooting. was recalled and swore that
he did not invite Fletcher to come down
off the bridge IL he wanted 70 see the
"Dutchman."
Harry Turner. the fireman on the
steamer Chehalis. who heard the talk be-
tween Rutten and Fletcher and saw
Fletcher fall when shot. was also recalled
In rebutta,. but his evidence did not prove
very material, being about the same as be
had previously sworn 10. He declared
that at no time did Fletcher have q rock
Ina his hand and that he was not in the act
of throwing rock when Rctten fred. He
was certain that he saw six inches of the
barrel of the gun protruding beyond the
eyes Of the porch at the moment the shot
was fired.
Another witness, Burnie AIbertson, who
was with Turner on the fatal evening, was
also placed on the stand by the state, but
Mr.. shields and Mr.. Randolph, for the de-
Tense. made him ve.y uneasy before they
allowed him to go.
Are you the Burnie Albertson who
swore that Billy Fletcher had his left side
towards You when he Was shote" de-
manded one of the attorneys.
''Yes."
You also swore that you could see six
inches of the end of the barrel Of the
shotgun from under the porch when the
shot was tiredg''
"Yes."
'if what you swear to on this point is
untrue is all the rest you have sworn to
also untruef"
Yes" replied Albertson with empha-
ais and he WAS allowed TO depart.
Capt. W. II. Seymore being recalled once
more related the manner In which he can't
ured Rutter and took the shotgun away
from him. Ruttcn swore that the gun wa.
creased all over; that il was very oily all
over-stock. barrels and locks-so much so
that when he started 10 pull the hammer,
back they slipped. diseharging the cart
ridges. Capt. Seymore swore that he did
not notice any grease on the hammers o..
the gun, although heexamined il five min
utes after the shooting. He was quite Dos
tive there Was no oil on the stock of the
gun. In this particular his testimony was
very much at variance with that of Rutten
and il was evident that the Jury gave the
captains story more weight than they
did Rutten's.
Prosecuting Attorney II. II. Eaton. cs
this county. opened the argument for the
state by short talk. in which he dealt on
the credibilisy of the several witne,,e,
for the state. lie announced to the iurv
that John Fairfield would address them a.
length in the closing speech. +. +. Ran
dolph. followed Mr.. Eaton and sd.
dressed the jury at length. He detailed
the manner in which the different wit.
nesses told their stories, and some of them
came In for seath.ng roast When
court reconvsned at 80 o'clock, after
dinner, IL. L. Shields. Rutien's attorney.
wove together \ very reasonable and ex.
eeedinEly clever defense. and when he
closed q good many believed that the Jury
were IN q mood 20 bring in verdie, Of
acqesttsi Mr.. Fairfield closed for the
state. he spoke almost half q day. and
when he closed his address last evening