The herald., 1898-10-26
noticeable and giving to his movements a

noticeable and giving to his movements
special individuality.
The borrowing of the shotgun al one place
and the shells at another on the afternoon
of the murder and the return OF the gun
at o'clock the next morning, an hour or two
before Mrs. Gregg had so much difficulty in
securing admission at Joe Hunters house
were also shown with circumstantial exact
ness as affording good ground for the sus-
picion OF guilty intent on the part OF the
defendant
An attempt by the prosecution to intro
duce testimony regarding conversation
held by Sheriff Burr with young Clark I'M
mediately after the arrest OF the latter, was
ruled out, it appearing from statements OF
Mr.. Allen of counsel for defendant that the
constitutional rights of the prisoner had
been disregarded by the officers at that time.
The sheriff had refused admittance to Allen
before the conversation occurred though
Allen had told him he had been retained as
Clarks attorney and desired an interview
with his client.
Joe Hunters own testimony, sustained by
the evidence Of other witnesses, proved a
complete alibi for Hunter. 1t was shown
that he was absent from the house from
10 a. IN. to s p. IN. and that he was lntoxl-
Gated and went to bed as soon as he got
home, rising later to eat supper OF ham
and eggs with the young ladies who drove out
Wlln Il gtIlltllldl lIlCiIt, NV Jii- at dppho
9 o'clock the same evening. Apparently the
testimony for the state is nearly all in.
THE TESTIMONY
James w. Penland, now a resident of
Calabasas, was the first witness for the
prosecution yesterday. He testified 10 the
fact that Clark had called at his cabin, some
25O yards from Joe Hunters house, on the
last day of May to borrow some shells, say
ing that his shotgun was a No. T. and he
wanted No. - shells. The witness had given
four shells of the desired size to the de
fendant, and identified two others offered
for his inspection a. two from the same box
which he had delivered to Under Sheriff
Clement or Deputy Sheriff Guy Woodward
on a written order from Sheriff Burr.
the squirrels had been getting sassy" and
he wanted to shoot some OF them. Con
tinuing, the witness said:
"Shortly after o'clock that day heard
two shots from the vicinity of the Hunter
house in quick succession. Again, between
and 6 o'clock that same evening, | heard
another shot, or perhaps two. If there we're
they seemed almost identical. The sound
was dull or muffed and seemed to come
from the Joe Hunter house.
81 saw the laundry wagon drive in at
about ) o'clock that day and again, just be
fore dark, ] saw it was still there. Young
Clark offered to pay me for the shells, and
the fact that he had been at my house to
get them may have caused me to notice the
shooting later in the day. There was con
siderable shooting around in that neighbor
hood, but ordinarily paid little attention
to it,"
On cross-examination the witness was
asked how far his house was from that of
Joe Hunter. and he said he had paced it
and found it to be from 200 to 275 PAGES The
reporters notes of evidence taken at the
inquest. in which the distance testified to
by witness appeared as 100 Yards. was read
TO witness. and he said he did not so tes-
tifv. or if he did. he was mistaken. He per
sisted in the accuracy of his statement on the
direct examination. that he bad heard the
shot or shots from the Joe Hunter house
about 5 p. NJ, and that they sounded near
by. though mufiled. II might have been
that he cot mixed rs to the number of shots
when testifyinq at the inquest. but his
mind was now clear, save as N whether there
had been one or two shots at o'clock. when
i is the theory. Of the prosecution, the
Chinaman was slain by Clark in the Hunter
house