Daily capital journal. (Salem, Or.) 1896-1899, 1898-07-02

20. He went away in the morning.
at what hour Of the day did he re.
turn ?
"a. don't know what time he
left, he returned between half past 10
and II O'Clock at night.
20. That was Friday night ?
"a. Yes sir.
20. Did he return from ButtevIlle
on the train?
"a. No sir, he came by carriage.
80. Was there anything special,
Mrs. Carson, that called your atten-
tion TO the fact that he came home
about 1901 II O'Clock. Friday even
ing?
"a. There was, because / looked at
the clock; wanted to get him lunch
and asked IL he had had anything to
eat, and he said he had had plate Of
oysters"
HOLMES OPENED THE BALL.
The opening speech was made by
Mr.. W. II Holmes on the part of the
state. He said in the beginning that
he had no feeling in the matter ex-
cept friendship for all parties. only he
wanted to see justice done. He took
up the evidence in seriqtim and went
over IL carefully, handling his points
cautiously and displaying much skill
In his application OF law to evidence.
A ripple of excitement was created
when he referred to to the Ehlen con-
fesslon published in THE JOUR-
NAL. This was ruled out by
Justice Johnson. He reviewed Ehlen's
movements during the night In ques-
tion and Of his connection with Police
man johnson. He tried to impugn
the evidence of Mrs. Carson by refer
ring to the great natural interest these
ladies had in the outcome of the trial,
and he defended Star Witness Roberts.
IMPEACHED JUDGE HAYES.
Mr.. Holmes said he questioned very
much II Judge Hayes told the truth.
He didn't care IL he was a state wit
ness, circumstances cannot lie. He be-
lieved that Ehlen met Hayes at the
depot that night aud that Hayes gave
him the tally sheets at the depot and
that Ehlen immediaty took them to
the Opera House corner and sent them
to Richardson by Policeman Johnson,
Mr.. Holmes spoke only 30 minutes
and was followed by Mr.. Bingham
leading counsel for the defendants.
DOUBTED HOLMES SINCERITY.
He said that Mr.. Holmes may haye
been sincere in his professions Of
amity towards the accused, but
considering the relation he had
sustained toward defendant DARCY
in the recent campaign, his attitude
was not disinterested. He was fol-
lowed by Bigger in clear cut de-
fensiye argument and Ford closed in
one of the greatest efforts of his life.
Sweat rolled off him like AN April
shower. He did not lose his temper
when all the defendants and their
counsel arose and called him liar,
He only got cooler and pumped wind
the harder, and In his climax concluded
with terrible outburst, saying. "She
said 1T, you know she said it; she told
the truth, and you know that Roberts
told the truth; and not only that, Mr..
Carson, you haye not dared to come
upon the stand aud raise your hand
to heaven and deny what he said; and
contemplate conduct here proves
concluslvely to my mind that you are
the most guilty of any Of the de-
PENDANTS"
When quiet was restored, Mr.. Ford
proceeded with his argument. At its
conclusion, District Attorney Hayden
arose and stated that as 1t had been
his custom in all cases to require a
recognlzance in cases of this kind, ,and
while he did not fear that these de-
fendants would abscond, yet, in order
that his course might be consistent,
and that he might treat all alike, he
would ask that they be placed under
bonds to appear. The court fixed the
bail at $500, which was furnished
prior TO the court ad journing until
Tuesday.