Daily capital journal. (Salem, Or.) 1896-1899, 1896-04-07
THE DOzIER TRIAL.
A ] Motion Argued to Dis
miss the Case,
-------
BUT 1T is OVERRULED.
Testimony of Witnesses and Action
of the Court.
BUT IT IS OvERRULED.

: he would be killed or That he mus
kill Kelly, which he did. He asked
that defendant be dismissed. CouDse
Hough Of Woodburn now presented
case for the state against dismissal
Kelly had only a jumper on, and al
Kelly once turned his back Doziei
might see there was no pistol in hi
pocket. The movement of his hanC
behind his back was uot sufficient u
justify the shooting. Condit argued
that this motion was not proper at
this time. The defendant ought first
to make his his statement, or waive
his right TO do so. When that was
done, motion TO dismiss would be In
order. A large number Of witnesses
had been summoned and large ex.
pense had been put on the county. A
great deal Of feeling had been aroused
In the north end of the county, and a
thorough examination should be had
before this case was dismissed.
Mr.. Carson now replied that further
time should be taken in this case. Mr..
Clough had been put on the stand
against defense's objections, and he
had recited the testimony in COM
plete manner, and what more was
required? Motion was overruled.
James Miller called for defense
Knew Dozier and Kelly slightly; a
short time before killing Kelly made
threats against Dozier. He said In
my presence: "That son-of-a-b-h,
I'll have his heart for breakfast some
morning. 1t was at the Republican
primary; many presents; from his eX-
preston, thought he wanted TO kill
Dozier; saw Kelly once before.
Cross-Ex-Did not know DoZier;
Kelly made his remark I'm threaten
ing manner; attached no Importance
TO the remark until after Kelly was
shot.
Charlet Mathieu-Knew Dozler for
six years; had met him in Masonic
lodge; he had good reputation as a
law abiding and peaccable citizen;
met Kelly on road one day in morning;
he said he had drank quart Of
whlskey the night before; he repeated
same threat twice that Miller testi-
lied to; he made these threats on sight
OF Dozier coming out of his house l50
yards away; he was sober and said
nothing OF any trouble with Dozier.
Cross-Ex Was in road and saw
Dozer when Kelly saw him he pointed !
at Dozler when he spoke; told this at |
coroner's jury; also mentioned to
Stephenson; never told Dozier.
Chas. Bigelow-I Woolworth IS
barnyard with Woolworth and X ely. |
Thls'wittness was called to prove that
Kelly was desperate and had threat
ened Woolworth who had told Dozier,
who was thus made acquainted with
his true character as man. Objected
TO and sustained; Witness excused.
r. q. WOolworth-Well acquainted
with Dozler; he had a good reputation;
saw Kelly several times; Knew Kelly's
reputation; IL was bad.
Q.-Before the killing OF Kelly had
you ever told Dozier your opinion OF
his reputation, and that IL was bad9
Objected TO. Oyerruled.
Ave had some talk. Witness
told Dozler a week before shooting
That Kelly had threatened his life.
Cross-Ex-Got impression of Kelly's
from his actions; talked {
with VIM. Her.
John Waugh, Chas. Blgelow:-His I
actions had been talked over with a J
number; had some words with Kelley I
Dncei was some III feeling towards 4
Kelley and was u friend OF Dozier. IA
Re-direct:-built line fence be- |
Tween LaRocQue's land and mine: '
There were some words over some G
brush; Kelley threatened TO shoot his {
leart out; told Dozier about this: a
never spoke TO Kelley before or after. 1
Geo.lSteyenson;--Was well acquaint- Y
ID with Dozier, as a law.abiding citi.
ZEN; knew of Kelley since last sum. /
neri his reputation was bad; at n l. f
nary Dozler was present when Kelley n
made the talk; he was ten or twelve a
eet away and directed his talk AZ /
Witness aud Dozler; later concluded 4
Kelley had meant 1t for Dozier. b
objected TO; oyerruled: Kelley said (,
he could do up any.son-of-a.b-h IN /,
own or out OF town. Told Dozier h
ioout this Had several talks with Il
llm about his trouble with Kelley, n Il
lated back some two months. Y,
CroSs-ex'-He seemed TO have blood
n his eye and wanted To fight some a,
'nei no name was mentioned; his ~. y,
marx ala not properly apply 70 any al
ne Ia the house; II was not directed n =,
my one Hough, who did the chief II