The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-02-14
Newell S. Barr. of Whatcom.
Not Likely to Be Convicted.
A VANCOUVER PIONEER KILLED.
Capitol Commissioner Thomas Burke
Files Bonds at Olympia.
nsaxEisr Dunbar Sentenced 90 Two
Years-He SAYS He Was oaiy the
Dape Of Jackiing and Biam-F,re nm
Tuli Block, Spokane.

WHsTces. Feb. Is Special lin the
trial OF Newell s. Barr for the killing of
John Erickson, Neis Anderson, who va.
the only witness to the killing. A. L. Me-
ran. Sheriff Requa. Constable White,
Charles Boardman. G. w. Stone and Dr.
Bragg were put upon the stand and gave
the same testimony as was given BY them
81 the coroner's inquest, proving the kill
ing. but not that Barr was the cause of IT.
Ii Is evident from the cross questioning OF
the attorney for the defense that the mo-
tive OF the attempted entry of Erickson
and Anderson into the cabin is questioned,
and 1t il also evident that the decision
rests not so much upon questions of fact
siiegsd as upon the points of iaw involved.
The testimony 10 conclusive rs TO facts and
IL not denied in any material POINTS BY the
defense. whose plea Is justification OF the
means taken 70 protect a domicile from
entry and personal property from moles-
sation. This morning the examination OF
DR.. Bragg was continued. He testified as
TO the clothing worn BY Erickson at the
time he was killed and identiiied the CORY
garments as the several exhibits we're
shown 10 the jury. The attorney for the
defense asked but one question in cross
examination. viz. Doctor, the sum and
substance Of ali you know about the mat
ter Is that the deceased received gunshot
wound in the belly and Ii killed him 20
Yes. air. answered the witness, and was
excused.
DR.. Biggs identified the slug and shell
extracted from the bo6y. and also the
clothing. and the defense in eross-exami-
I'D q H. n
Bragg.
exhibits" taken from the cabin and the
body Of the deceased. including the door
of the cabin and the casing with the ugly
hole through IL. the gun. empty shell, bed.
| blankets, clothing. etc, and the same were
offered in evidence without objection by
the defense.
W. L. Gear testified that Barr had
showed him certain guns at his cabin and
had told him that he intended going into
the mountains hunting aud that he In
tended setting gun traps In his cabin 90
that il ANY SIN of . b. attempted TO
enter he would be killed." and that the
accused made no secret Of this diabolical
intention on his part and did not state to
witness that the cabin had been wrong
fully entered or robbed.
Reporter Munro. Of the ErJrcss. testified
that upon the return Of Barr and Pixicy,
in company with Deputy Sheriff Coniin.
Barr admitted to him freely that he had
set the gun trap by which Erickson was
killed. The defense laid great stress upon
the full and free admissions Of Barr and
his apparent willingness to tell oil the cir
cumstances of his connection WITH the
causes of Erickson's death. This line Of
eross-examination was followed with all
the witnesses Of the prosecution.
J. T. Smailey, for the prosecution. gave
some strong evidence for the defense by
detailing q conversation had with Barr in
front of the courthouse after his arrest,
and while the officer Who was supposed TO
have him in custody was within the build
ing. This conversation was to the effect
that Barr did not set the gun with any in
tention Of killing any one, but merely to
brighten. expecting the discharge, IL any
there should be. to 60 10 the right Of the
door, and further. that he told his COM
panion. young Pixiey. to put notice OF
danger" upon the door. and that such
notice was actually posted as directed.
This testimony was corroborated by the
testimony OF the next witness. Clarence
Logsdon, who was present during tho
conversation referred to. and took part in
IT, The only other witness for the prose-
cution, Deputy Sheriff Conlin, being
absent. the state rested. with the consent
of the defense TO introduction Of Conlin's
testimony upon his return. Attorney
Dole waissd his opening statement and
called Walter Pixley. the companion Of
Barr at the time Of the tragedy. The
boy. who IL only II years of age. gave his
testimony in clear. straightforward man
ner, detailing the manner In which Barr
fastened the cabin when they left IL to go
out upon their hunt. the posting OF the
notice OF danger. the arrsst OF himself and
Barr and their return TO the city without
being disarmcd and without any appear
ance Of physical restraint by the officer.
He was little confused by the belIIgerent
s-questioning OF the prosecution when
questioned as TO his testimony at the pre-
l!minary hearing and before the grand
Jury. The sign Of Danger" introduced
In evidence Is q small slip of folded white
paper about one by foar inches in size.
The word danger Is written in pencil, and
is said TO have been fastened by . tack on
the outside of the door. 1t IS alleged 10
hsve been found upon the ground a short
distance from the cabin several dsys after
the tragedy.
Mrs cowdeu, sister Of the defendant,
testified 70 going 10 the cabin with Mrs.
Barr on January following the killing
and finding the danger notice lying under
board about fourteen feet from the cabin.
Hes testimony was corroborated by tina. of
Mrs. Barr J. L. Pixiey testified that he
sold the cabin TO Barr and told him IL had
been broken into three times. The re-
naming witnesses for the defense were
called only TO testify to Bars reputation
as a peaceable and iaw-abiding citizen
The examination of Deputy sheriff oniin
brought out no nsw facts The testimony
offered IN rebptial related only 10 the al
legged notice of danger. and sas to the
effect that there vas no such notice upon
the door on the day Of the tragedy. The
case may go 10 the jury late tonight. ~
the court Is holding an evening session 10
hear arzsmsnts Of counsel. The general
impression seems 70 be that the jury wiil
/ ether disagree or aeaaIi. !
VIM Danbar Sentenced ia Two yssrs.