The daily journal. (Salem, Or.) 1899-1903, 1899-10-28
STATE vs. WILLARD.
Concluded from First Page.

ing anyone.
When they we're coming back from
the barn before the shooting, witness
shook his head at Willard and said 81
am afraid that Perry will get excited,
or words to that effect. willard said
81 do not want TO talk TO him, but
want 10 ask him what he intends u
do" Witness did not know that Perry
vas on the place when they went over
orhe would not have gone, as he was
afraid of trouble, knowing Perry's dis.
position, though he did not expect it to
be Ms serious as IL was.
Witness WAS asked about his testi-
mony before the coroner's jury, that
Willard had said TO Perry, "I will get
an .ohicer and have you put off the
place" This was correct and Perry
then started toward Willard, az related.
Witness was asked by the district
attorney II he did not ask Coroner Clough
over the phone 10 call Joe Willard to the
phone. Thought he had done 70 at
some time during the past week, but II
~ he had no clear recollection OF IT,.
Might have done 10 rs he had various
dealings with Willard. Had had some
trouble with Perry.
A. NJ. Clough called At half past
one or two O'Clock Tuesday afternoon he
was telephoned 10 by Sheriff Durbin and
they went 10 Liberty. Willard was ut
the store and gave himself up the
sheriff.
All went over 10 the place. Found
the body about four feet from the
grindstone, aud the axe lying about four
feet away. Identified the clothes found
on the body, and pointed out the bullet
holes in the coat, five in number, one at
the upper end Of the left sleeve, one be.
low the elbow In the same sleeve, two
In the left breast and one in the left
side near the side seam Of the back
breadth OF cloth. Corresponding
holes were shown in the vest
and shirt with one exception, one
bullet not having penetrated the shirt.
Body was found stretched out upon
the ground on its back, the hat lying
about eight feet away toward the house.
Found ono bullet lying on the coat.
Stevens called witnes up last Monday
and asked him to call Joe Willard to the
phone, which he did.
Jas, Skipion called Was out 10 the
scene of the killing on last Tuesday and
helped take measurements Of the prem
ises. Identified map rs correct. Ac-
corling to stevens explanation ut the
scene, the men were W feet apart when
the shooting took place. Willard must
have shot uphill,
The witness was asked as to the cor
rectness of the map In evidence, upon
which the distance between the men is
marked o. feet. The distance was 9ls
feet and the map was wrong.
A recess was taken at this point which
some OF the witnesses were hunted up.
sheriff Durbin called Went ont to
Liberty and took the defendant into
custody last Wednesday. Identified the
pistol found upon the defendant Found
Willard at Stevens store, Had
with the defendant in /
which the statements made by Willard /
were voluntary. Asked Willard how /
the thing occurred, and he replied that
he had gone IA. the place and met Perry
aud the latter had ordered him OIL the
place, and he had told Perry that he
Perry would have TO get of. Perry
had picked mp the axe or had il in his
hand aud had then laid il down and al.
vance upon him placing his right hand
back at his hip pocket and saying IL
have something here aud I'll tix yop
l-dQuick THAT he(Willarl) had then
drawn hls revolver and commenced
shooting.
Witness identified the bullet given
him by Mr., Clough, Had not seen the
body at the place as il had been ~.
moved by the coroner.
h. h. Goliath, deputy sheriff, called
leari conversation between defend
mt and his wife.
She had said ole was there when
'ou got there, was hep" aud Willard had
aid; "les, he was there,
DIR. Byri called Made a post NOR
em examination OF the body. nescrihed
he wounds and illustrated them on the
'erson II Constable Mimic. The wounds {
we're five in number including one !
bnsion Of the skin from ball which
Iid not penetrate the shirt. Three Of !
hem were fatal wounds. In the opinion q
( the witness the wound through the :
eart would he instantaneOusly fatal,
hough there might he exceptions The y
lrection ui the wounds was little :
ownward, but nearly horizontal. The =
ounds in the soft internal organs Z
ould depend somewhat upon the posi-.
on OF those organs AT the instant Of ~ !.
living the wound. The district altor- !,
~ tried 10 elicit ir0m the witness the ol
atement that the course OF the b ,llels. q
ter entering the body indicated that q