The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-12-12

fShec- IL was concluded Just before noon
today. 10 the evident surprise Of all ex-
cept the attorneys for the prosecution.
However. in spite Of the fact that the
state did not use all the witnesses IL had
summoned. and at least two Of those st
did use have now been called for the de-
fense, II Ii considered that the case for
the state IL a strong one
II Is noticeable. also, that tbs court Is
not imposing any doubtful hardships on
the defense. apparently making sure that
no reversible errors shall creep into the
record IA the case.
Amasa Smith. whose testimony was
only partially concluded last night. proved
to be the states best witness. His story
eorroborated, in every detail the opening
statement made by the prosecuting at
torney. He told how he had oyertaken
Luckey and Ferguson on the county road
near Brinnon and had walked along with
them till they met kellar. with his gun
on his shoulder: how they passed each
other and then had some words. result
ing in both men turning and facing each
other. His testimony differed from Fer
guson's as to the details at the time Of
the shooting He swore that Luckey only
took one step forward after being told not
to come any closer. instead of four or Ave-
and that Kellar only warned him one
time not to come any closer or he would
shoot. He was very positive about the
actual occurrences at the time, even to
the actual words used by the men, and
his testimony on this point could not be
shaken on cross-examination.
Smiths Testimony Not Shaken.
Attorney John F. Dore went at Mr..
Smith vigorously on eross-examination.
Didn't Kellar appear to be sorry for
what he had done. after the shooting? he
asked.
.sWelI he seemed to be excited"
But was he not sorry-what were the
words he first used after he had shot
when Ferguson said to him. .'kellar.
you ought not to have done that Kellar
answered. 7 knew it. Billy. but. G. d.
did he not first say something about
doing what they. could about making
Luckey comfortable?"
Yes. he said to US See If you can do
anything for him. make him as comfort
mr.. Smith. you testified that Mr.
Luckey had his hands crossed at the time
We're almost directly behind him at the
time. How did you know the position Of
II could tell from the position OF his
elbows"
Stepping between the witness and the
jury. with his hands in front Of him but
his fists clenchei and apparently thre2tln-
ing. tho attorney asked:
"were Mr.. Luckey's elbows In the same
position that mine are .now?
Eyes sir: Just about the same"
Can you tell whether my hands are
crossed or apart or my frsts clenched or
open?"
here that the dispute between Kellar and
Luckey on the day OF the shooting. FOL,
lowed some stories that had been told
Luckey about what Kellar had said about
him. and ] want you to tell this jury Is
II or is /. not fact that you are the man
who told Luckey these storiesT
mo. sir. l do net recollect having done
ibid you or dId you not tell him7"
II don't remember"
And vet YOU REMAINDER perfectly about
the other things that happened on that
'Yes because they were more strongly
impressed on nv mind"
KeIlar Was "Winded."
e. X. worthington. a storekeeper near
Brinnon. proved To be an unwilling wit
ness for the prosecution. He was called
to show that a day or two before the
shooting KeIlar came into his house IN a
very excited frame of mind to fnquire
about the hay that figures In the case. He
said that he owned wothirds OF the hay
himself, and that the other third was
owned by Keliar and David j. Smith to-
gether. Kellar came TO his house and IN
nuired about the hay, asking him what
had become OF T. Witness told him he
supposed Il was being used by the men
at work on the bridge. among them David
T. Smith and Luckey. In spite OF every
effort that was made 10 draw il out.
Wor.hington refused 10 say that kellar
was excited. but said he impressed him as
n man who had been running or taking
other violent exercise. and was "winded, y
his voice trembling for this cause. He
al haf az I'm
think. and possibly told others. that he
believed Keiiar was very much excited at
the time.
David ]. Smith was the last witness for
the state, and he told the particulars about
the hay matter He said he had sold some
OF the hay TO Luckey. and when ne ex.
planned that 20 kellar. the latter seemed
to be satisfied about It. and told Smith
to go ahead and collect for IL. etc
Prosecuting Attorney Fisher hero an
nounced that the state rested. and an adj
iournment was then taken till afternoon
Immediately on reassetnhling the process
of the court was invoked by both the state
and the defense. 20 procure certain wit
nesses from Seattle and Tacoma. who
have not yet responded to summons.
The Case for the Defense.
Attorney r. W. Jennings then made the
statement for the defendant. He told the
Jury that II was not proposed 70 deny that
keilar had shot Luckey. bat he said II
would be shown by competent and worthy
witnesses that the killing, instead OF being
murder IN any degree, was in fact tustifia-
bic killing. II would be shown. he said.
that Kellar was a man of good moral
character, peaceful and law-abiding. one
who always avoided trouble rather than
looked for II. ana with an excellent and
well-known reputation as being this kind
az a person. T. would be shown that
I.uckey, en- the other hand. had q reputa-
tion for being a auarrelsome man, and
that he had frequently had trouble with
his reiehbors OF a serious character. /;
wculd be proven thar on one occasion
Lucky had a quarrel with a neighbor
named Henry Helntze. ard tina, he follow
ed Helntze TO quarrel with him on several
occasions; that at ore time he met
Helntxe when the latter had a gun. and
dared him 20 shoot. az he d,i Lsucksv
bat that Helntze was ''hured out" and
got away from fueSey before the latter
could set hold Of him. That Luckey aft
erwar3s told ncfghbors ot his quarrel with
Heintxe and said that Il he could have
gotten A. bin when he met in with tire
gun. either he or HelHtzs would have been
kfiles Eeiar ne said. knew all about this
trouble between Luckey ard Hsfntxe. ard
hsd * in mind when Luckey tried 70 zet
a. hin. II the road near Rrinnon I,
would be shown also tia: Kellar and
Luckev qaarreied. ard T.uckey had open
~ threatened 10 drive ksllar out OF ths
country. ard ~ get ria of him. even II
re rad 80 Kill him 70 DO It. II would be
shown that on the dav OF the killing
Kellsr had no idea whatever OF meeting
Luckey ard was only following his own
custom. and the custom 81 his neigh o-s
n carrying HE gun. I; would Ne shown.
toe .hst tales carried ~ Amsss Smith.
witness tor the state. had been partly re-
sponsibie for the fatal occurrence az that