The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-12-14
klLR TELLS MS STORY.


HIS vessiea Di1ers BIT Iattle Frea
TAat ~ 0tAer witnesses-TAs De-
sssAant says he MA Het Swear.
49, Wss Ts1sAssssA, uss AnGry.
Special Daspasch to the Post-IntelhQeucer
PORT TOWNSEND. Dec n-WtlliAm
J. kellzr, accused of murder. In the drst
degree Tor the killing Of James z.
Lueksy. vxs put On the witness stand 10
testify ia his own behalf ~ the morning
sessiOn OF court today. His direct exam
inatioa was given IN straightforward
manner. and In the main he eoFroberated
the outline Of tha attorneys statement or
his side Of the case. his story agreeing in
most particulars also with those told BY
Witnesses Ferguson and 6mith. for the
state.
On some points. however, he denied the
statements Of the states witnesses. and
swore that they had testified falsely. He
declared that he had not used the ex-
pressions of profanity referred to by the
other witnesses. except the expression
mot = d--n BIT" used In reply to Luck
ey's question about whether he cared for
those fellows" Or not. This expression
he admitted having used. KelIar's de-
meanor on the witness stand was fairly
good, although Il was necessary for both
the court and attorneys constantly to adj
moniah him to speak louder In order that
he might Be heard by the Jury and re-
porters.
KeIlar's examination was conducted BY
Attorney Jennings. who led thu defendant
along to tell the story Of hia life from the
time he was born In Northern Illinois, u
years ago. TO the present time. The story
told Of the years spent In different parts
Of the country made them figure up -.
but he still insisted on cross-examination
that he was only q years old He eafd
that he had been farming and ranching all
his life. He gave his height ~ Ave feet
six or seven inches. and said he weighed
l35 pounds
NE. New . i ysur Asal'hr he Vas asked.
Have you any orsanie complaints
How does II affect your"
II am very nervous. l also am troubled
With rheumatism and neuralgia great
Kellar told OF his habit OF generally car
rying q gun on his shoulder when he went
out through the country. on account Of
the prevalence OF game in that section, and
declared that when ne went out on the
day Of the shooting. with his gun. ne had
no thought of meeting Lucley or any one
else in particular. He said he knew James
H. Luckey, as neighbor. but not inti-
possible. because Of the reputation he had
as being Quarrelaame man. and generally
In trouble. He had business dealings with
him occasionally. however, and freQently
talked with him about neighborhood mat
ters. He told Of the meeting on October 10
between himself and Lucltey and Aenasa
Smith. and said the first words spoken
were by Luckey. when he said:
ibid you see Dave?'
AZ they had passed. Kellar turned and
Luckey then asked: What did he sayr'
say?'
How far were you from Luckey when
he spoke; and when you turned and began
walking hackwards?"
About fifteen or twenty. feet"
Did Mr.. Luckey keep advancing toward
.sYes he kept coming right for me-"
How many times did you tell him to
:Four or Ave times"
"Ie was mad His face was white with
rage. he was trembling. and his eyes
looked to nae IS though ne meant to DO ma
When you she. him. did you believe you
Il did ! thought h. would kill me II he
"pid You shoot because you were scared
or because you were madr
II was not mad but was afraid Of him.
Kellar denied that after the shooting he
had said to Ferguson, or to any one else.
that che was sorry he did u bnt that he
was made and could not help It."
say to him. besides telling him to step?"
II told him to keep back. that did not
want to have any trouble with him, When
KEEP. advancing towards me and said:
Damn you, sheot.s
And vhy did you shoot"
Because / was afraid OF my lie,
Kcllar then detailed his movements after
leaving the scene Of the shooting. He said
he started TO come to Port Townsend to
give himself up. but changed his mind and
went to Tacoma to see his wife and some
| friends. and to get some money to hire a
lawyer
| Assistant Attorney General Vance han
| died kelar In a vigorous manner on cross
| examination, and weakened his direct tes-
| timoBy.
| understand you 10 say that the testimony
| here about you swearing, when you spoke
to Mr.. Luekey ON the road there. was
faises"
Yes, it Is false, except that when he
| those fellows said Not a damned bit, :"
testified that aa You ,sa, saw ss tina, Mr
| In the face and that there was danger in
Is that trues''
| Yes, sir"
And you also testified that Luckey was
2 giant IN stature and the strongest man in
the neishharhood. and You say YOU believe
1 he WAS mad enough To kill youe"
| Yes sir. ! believed ha was
/ And yet, Mr.. kslar. you now say that
| when this enrased giant was coming for
| you YOU tried 10 avoid tronhie with him
I by wearing at him. do your
! Well j told you what / said TO him.
! Who Was present with YOU and Luckey
/ AT the times YOU say he tried 10 pick a
quarrel with you and threatened your
No one else was present"
I Did Won not tell newspaper reporter
Mr.. Mattisau. III Tacoma. ia the sheriff 8
( Office there, that you were sorry you had
! WAYS keep his tempere''
NO never did say lost my temper"
/ John Clemens testified as to Luckey's
/ physical power.
Mrs. Hughes and Mrs. Dow, sisters OF
/ ksglar. testified TO the fact OF his heart
! trouble
Henry Heintge told the details OF his
trnaeles with E.uekey when the latter
/ threatened his iste, but On eross-sxamina-
/ ,ion he admitted he Ard Luakey were pet
snnsl enemies and had moi spoken fer a
long time.
/ sraoa ing that kelAar had saved suu a dirty
. 5oA. and that IL he had not killed Luekey
/ yoa aan.a have done Il -
Yes. guess / said all that. but /
/ meant ! wanld Kill him IL he ever treated
/ me again Ike he had done"
|
AeArLEN MUST SERVE MS TERM.