The daily journal. (Salem, Or.) 1899-1903, 1899-10-28

the wounds could not have been re.
ceived by man standing erect upon
ground somewhat elevated above that
upon which the shooter stood, but the
witness would not commit himself to
that.
John NJ. Payne called: Drew upa
lease for Mr. Perry and Mr.. Willard, and
saw the parties sign it. Identified the
lease by which Perry rented the place
to willard. Identified copy of the
lease made by witness for Mr.. Perry.
The lease was introduced in evidence;
also the copy. There was an indorse-
ment upon the back Of the lease which,
though an oversight had been omitted
from the copy.
Grove Hemsley called: Had lived
near Liberty for seven years. Perry's
reputation was very bad. Willard's
reputation was very good Questioned
by Ilayden Had had trouble with
Perry. Thought he ought TO have been
killed long ago. Had conversation
with Willard when Willard and Stevens
were on the way to the place. Asked
Willard il he had seen Perry lately, and
Willard replied, no, he was not looking
for Perry. That is all that was said.
After the killing witness was sent for
and went over TO the place with Mr..
Shaw. Asked by Hayden about conver-
sation with Shaw, the defendants at
torney raised an objection which was
sustained. Witness told Of difficulty
with Perry several years ago when
Perry struck witness in the mouth dur.
ing controversy over politics.
Walter Whalen,R II. c. Hawley, Manley
Moors, John Hunt, VIM. Smith and j.
W. Landon were al called and testified
TO Perry's reputation being bad for
quarrelsomeness. All but Whalen are
farmers or iruitraisers living near
Liberty. The first four had had trouble
with Perry. All pronounced Willard's
reputation good.
G. T. Pomeroy, the Commercial street
jeweler was called but was not ac.
quainted with Perry's reputation, and
was not allowed 10 tell of the racket he
had had with Perry.
A. b. Buren told Of a demonstration
Of anger on the part Of Perry, on State
in front Of Stutesmon's cigar store few
days before the shooting, The demon
stration was directed at Willard who
was standing quietly in the cigar store.
Witness heard none of the conversa-
ton.
A. II. Damon called: Resides 5ls
Commercial street. Knew Mr.. Perry.
Had conversation with Perry week
ago last Sunday. Told witness all
about the trouble with willard. Said
he was going to go out and turn Will
ards heifer out into the road Witness
advised him not 10. Perry told witness
that he was going out to take possession
Of the place. Said he had been told by
u real estate man that he had right
TO go and take possession because Will
ard had moved off the place.
trict Attorney Hayden then stated that
the prosecution was somewhat surprised
at the testimony introduced by the
defense in regard 10 the reputation of
Perry and Of Willard. The immediate
neighbors of deceased had not been
brought into court. lie asked that the |
conclusion OF the case be postponed in |
order that other witnesses might be
called 10 refute this testimony. lie de-
sired 10 subpoena Perry's near neigh.
bors and acquaintances, T.. F. Park
hurst, Don VAIN, InmAn, Winches and
others.
The defense objected to any postpone
ment saying that the district attorney
had been informed ~ To the line of de.
fense that would be adopted. The un-
derstanding had been that each side
would bring It's whole case into this ex-
animation. That had been the district
attorneys proposition.
Justice Johnson considered the mat.
ter moment and then said that a. it
was too late TO conclude the matter
that day, he would adjourn the examin.
alton until | p. m, Saturday. Willard
was taken back down stairs and the
court room was soon emptied.
The general impression seemed to be
among the crowd that listened to yester.
lays evidence, that while the case of
prosecution was not one TO sustain the
charge made, yet there were points in
the evidence which would have an IN.
luence against the defendant.
The manner of the witness, Stevens,
vas taken by many To indicate a reluct.