The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1898-11-04
wEDN HSD AZ
OREGON VS. McGRATH.

for the defendant by J. Il. Wyatt. I'm.
der The statement the defense is that the
murdered man had been unduely intim-
ate with the defendants wife, resulting
coupled with deceased condition of The
mind, in a had state of the mental facul
ties, eliminating in the killing.
A. Springste was the first witness
called for the state. Had been acquaint.
ed with Charles Turner about two
months. Was working on the Sommer.
vile farm when Turner was shot on june
80. Was in the field when Mctirath
came up and talked about making hav
| Then said he wanted 10 talk with Charlie
He took him off about iofty feet, Showed
letter. put il back IN his Docket, MEG rath
cursed Turner, said lie had ruined him
and his wiie's character, calling him
id g. 1f b.. Turner backed away
| with a fork in his hand, looking over
shoulder. Came towards me and when
about six feet from witness, McGrath.
who was twenty feet away, took revolver
out and fred. Turner fell on face. Me-
Grath cooked revolver again when wit.
ness interfered and took revolver away
McGrath kept saying "Let me shoot
him," and again demanded the revolver
saying he wanted TO finish him. Partic-
ulars Of taking care ci the dead boy and
MtGrath's arrest were given. Among
other things Mcjrath afterwards said he
didn't mean TO XIII him. that the poor
boz was dead and couldn't he helped. As
MeGrath left the place he said: Bows
expect to be hung for this." The de-
iendant put the letter on his Inside coat
pocket. The revolver was shown and
identified. The sheriff at the request of
the Judge discharged the remaining five
barrels in the rear OF the court house.
The cross examination brought out the
details, showing exact distances, time,
words, etc, substantially as In the direct
examination.
An effort was made hy the defense 10
show that the Witness Was q party who
proposed 10 do violence to the defendant
the night OF the affair. This was denied
positively, though IL was admitted that
II was said that lie deserved violence.
Harvey Sommervilie Was the second
wines. The killing was done on his
place. Had known Charles Turue- Tor
aboni seven months and Mc5rath Tor
twenty years. Wac in tie field when Me-
GraSh came out. Talked about the hav,
showed me ts4e letter, which read He
then Went 10 where Charles Turner was.
Heard shot aaj looked up and saw
smoke. Went to place and found hov
dying. SpringAte gave revolver TO me /
AcGraih went TO his horse and I told /
bin 10 get off three times, the lat time
em phaticAlly, before he did so. When
be starred for Harrisburg he sAid 81 ex-
Deci. boys TO lie hung for this" Nc /
i-ath Was cool during the affair Wit
hess did rot hear the quarrel just before
shooting. Was $50 tA,ds or moro away.
saw Springaie have bold OF McG-ath
liter firing. think on left side. Cars
md revolver appeared TO be new.
Willard Simmons VAS the third Wit
less. Knew both parties. Was at Som.
Made q map showing pos.-
ions during shooting Was ia lield.
lad talk with MctiraEh before shooting.
lie showed me the letter. tod him
bought the wiring favored tao other
etteis. Letter was about come one who
lad gore TO San Francisco and was about
Eo other letters | wss fixing hay rake.
rYinR II. Was about sixty wards from
dcGTAih aud Turner when shot WAS fir-
q. Then SpriBgate had hold OF Me
irAth aud went up TO where they we're
ic5rath said As be passed me II have
.iilcd him." Bade Us goodbye. wishing
Is well, but he expected 20 be hung.
Dan AcClAin wAs the fourth witness ,
Or the state. Had charge OF the defend ,
nt when be was brorght 20 Harrisburg.
,-aTched defendant and found things
hown and s. Is. PArI introduced. con-
sting OF kniie. letter shcwn Turner and
ONE caps, the iatfeF 20 shoR tia. these
ld cape had been taken of and uew
mes pat on the revolver Tor the shoe; ing.
Z =. Il
Witness had peen sworn N as Constable
y the coroner Was not allowed 70 give
tasement OF defendant TO him, because
lie told him be thought As;A,emenf made
o an officer could not be used against
lin
John Harris was 9th witness. Knew
defendant for about twenty yeays.
Boarded with me about - years $50.
Had seen him write twenty wears ago.
Had business letters since. four or Eve
Teais ago Letter shown. Think the
IandwrltlGg is Mct5TsiA's. and satisfied
l il.
DR. MendenhAll wss the 6sh zi.ness.
Testified TO examiuRlioa OF body al
Charles Turner on June 80 and 10 the
Sositlon O; the wound. which causel his
IL a,h Bullet struck hear.
J. K. Turner, father of the murdered
BOY, testified: On May l2 McGrsth told
ne that he would have shot the top OF
thariie's head of u he had had 3 revoi-
Ter the Saturday before, because Charlie
lad sneered At him, when he went past.
This Was in Eugene.
Mrs. Martha Turner, testified verify.
ng the above. Met McIirath, and told
lim understood he had threatened to
Eili Charlie. He ssid he had. He saId
would apoligise and be promised not 10
Iaye any more TO do with Charlie.
/. A. Aunkers testified to having Gus
iody OF defendant since July I Had
on day OF examination te-
lore grand jury on taking prisoner back
10 jail. Bot vas not allowed on account
Of influence oi statement OF Dan McClsin.
Heard him TAX 10 Mr.. Busey aud Mr.
Grimes OF Harrisburg. Bell Grimes was
called and testified to conv-rsation last
evening in presence of Mr.. SprinRate the
sheriff and others. but the defendant
made 10 s.Atemeui.
Harlan Mulkey, of Eugene, testified
the hand writing in the letter
rs that of MctirAth s, whose writing WAS
TO him. He 10 brofher-in.law.
Had trouble with him twice.
Prosecution rested.
DkFExsE
p. II. Couch was the first witness cali |
ell for the defendant. Resides in Harris |
burg. Have known the defendant twen- |
~ years Saw defendant n lev weeks |
before shooting. | thought he acted |
strange and was not exactly right. Knew |
nothing against reputation OF defendant. |
J. Z. Schooling, of Harrisburg. testi- |
fed TO knowing defendant about twenty |
years. intimately. Saw defendant awhile |
before shooting and my opinion was that |
he Was not right judging from his act
ions, he hardly speaking to me. His
general reputation was good.
30. DrInkard, OF New Harrisburg,
testified to knowing defendant ak years
Saw Lin shortly before killing. Looked
like u man .n trouble, his eyes somewhat
CLASSY
]. Il. Rayburn. OF New Harrisburg,
testified to knowing defendant two years.
Saw him before shooting. Appeared like
a man in troubled, complsined OF being
lonesome, his eres were different. His
reputation was good.
Harlan Mulkey again testified: Was
with defendant on evening previous to
sht oting. Heard part of conversation
between defendant and his wife about
separating. Not allowed TO be given.
The defendant and his wife had trouble
over deceased, over some letters. De-
tendant admitted that he wrote the let
ters himself said he didn't know why,
T.. i. Wyatt testified: Have known