Daily capital journal. (Salem, Or.) 1896-1899, 1896-04-07

cross-examining for the state, trleu
make a law dictionary out Of Steven
son, but did not succeed In rattlinI
him little bit.
II. L. Bents:--Knew Dozier's repu
tation as law-abiding and peaceabl
citizen. 1t was good. Knew Kelle!
since the Sth of March; his reputa
tion was rather bad.
Cross-ex:-Had no difficulty will
Kelley; had heard no threats.
J. S. Vaughn:--Knew Dozier for five
years; his reputation was good.
w. f. StevensOn:-Knew Dozier's
reputation to be good Kelley's was
bad.
w. f. Iler-Liyed near Butteville
nearly 45 years; reputation good
Kelly's bad; knew of no threats; was
present near Vandeleur's store when
Kelly, in presence Of Dozier, said he
could whip any son-of-a-b-h from
Marks prairie; Mr.. Starr, state Ma
sonic lecturer, was with us; Dozier
was referred to.
Cross Ex.-H. L. Bents, Mr.. Stroud,
Dozier and others we're present when
the threatening remark was made:
Kelly was acting more drunk than he
really was.
Techo Sundberg Worked with
Kelly on La ROGUE place; he said he
was going to try to get that son-of-a-
b-h Of Dozier off the place; once
after that he said he'd "get away with
that fellow; I'll have trouble with
him YETI" he had a dislike to the man;
he gave no reason; told him "don't
make fool of yourself toward that
man." he said he was not afraid Of
any man.
Cross:Ex.-He said he would get
away with that man; told my wife
about IT.; he made those threats about
10 days before he was killed.
Joseph VIII, constable Of Aurora
dlstrict-Cross attempted to show
conspiracy between Nelson, Butte
vile saloon keeper, La ROGUE and
Kelly, to get Dozier off the place, as
he had informed against Nelson, and
asked VIII to state this con yersation.
Objected to and sustained.
Q-What talk did you have with
Nelson?
Objected to. Overruled.
Ale asked me who complained on
him; | told him Dozler; he said he |
would put La ROGUE onto him and |
make him sick of that.
Cross-Ex.-Kelly's name was not |
w. n. Case-Liyed IN Butteville 81
year; saw Kelly at primary; he made
himself conspicuous; he had two dogs
and made offensive remarks, and
seemed to want to have a row with
someone; did not see Dozier; saw
Kelly, La ROGUE and two dogs.
Mrs. Dozier toldg of her experience
with Kelly relative 10 his turning
their stock (hogsl out without their
considered Kelly a danger
)uS character and was afraid OF him;
Kelly used abusive and insulting
language TO her husband and
him with violence; heard
he talk between Kelly and Dozier at
,he time Of the shooting; then the
eport of the pistol; husband assisted
Ter into another room.
DEFENDANTS TESTIMONY.
At 6 O'Clock defendant was placed ,
m the stand and in composed man
Ter told the story of the affair which .
lad ended in his killing Kelly. Dozier
las lived at Butteville since! the 25th
4 November last. Foryears previous
o that date his residence was three
niles southeast Of Aurora at Marks
rairie. On being requested by Mr..
ross to "go ahead and state how this :
ltiiculy arose on this place" Mr.. /
)ozier said ]
The first real trouble L had was on =
he 24th of March. He(Kelly) came TO i
he that morning before daylight, or a
Imetime previous to the time l got I
the barn. He changed my horses
'om one barn to another. Took some
the horses from my barn and some
the horses | leased from Mr.. La q
ocque and put them in that barn, ~
here. The boys sand he had changed 7
he horses. About an hour or so Mr.. A
ely came in here. asked him IL I
changed the horses. He said he a
d. l asked him by what right he a
d. lie said, with oaths he had A
ght to do that. l said, Mr.. Kelly. A
~ had no right TO interfere with my .
'operty. | want you to leave me -
one He swore he would move them A
often as he pleased. | says let my
operty alone and do not interfere =,
lth my business any more. / don't =, y
npioy you TO look after it. / will at 10
nd to 1t and am competent to look 81
Ter my own business He said, you i
I'd better go down town and get -
ur A, p, A. friends to help you.'