The Dalles times-mountaineer. [volume] (The Dalles, Or.) 1882-1904, 1899-02-25
THE TRIAL OF FOREsTEk.

/ THE TRIAL OF FORESTER.
What the More Important witnesses Said
During Three Days.
The trial of Frank Forester, an ao-
count of the first two days of which
was given last week. was eontinu d un-
til tuesday evening, when the case
was given to the jury. Following is
substantially the evidence that was
given Friday evening, Saturday, Mon
day and Tuesday
When Charles Clarno was excused
from the stand Friday afternon,
after having been under the cross fire
of attorneys nearly all day, DR.. Wiley
was called, and gave testimony con-
cerning the wound which caused MIR.
Brogan's death.
| Farauer McRae was the next wit
ness called. He was with MIR. Brogan
in Silvertooth' . sa DON when Forester,
Slim and the Mexican came in. His
testimony concerning the way the
trouble began carroborated that of Gum
but went farther, as he saw all OF the
trouble, while Gum did not. After
Gum knocked Forester down, and
while Slim was holding Gum, Forester
rose to his feet, while Brogan started
to pick up chair and WAS advancing
toward the door, when Forester made
a rush at him (Brogan) and stabbed
him with large knife, Forester then
ran out the front door, and that was
the last seen OF him by McRae.
Several other with, ss were called to
prove the wberea bouts of Brogan and
Forester the day prior to the trouble,
among them T. s. Hamilton, who was
with Rrogan at the bowling alley
during the afternoon, an hour or so
before the killing.
Max Luddeman, who took down the
evidence of witnesses at the inquest.
was called to the stand and testified as
to the correctness of the written
testimoney given by Charles Clarno
before the coroper's jury, which was
in conflict with that given on the
trial.
The next witness of any Importance
was Miss Ella Hamilton, called Saturday
morning, who testified that about 4:3O
ON the evening of the killing she was
| passing down the business street of
Antelope and saw two men, whom she
| l. La nd E'nraosar
quarreling in front of the Occidental
restaurant, and heard the one she
thought to be Forester say she would
have it or he would have blood"
This was about one and one-half hours
before she heard of the death of
Brogan.
W. E. Kemp, marshal of Antelope,
and E. ]. Glisan, justice of the peace,
who held the inquest, were also called
and gave testimony on minor points
/ concerning the case.
| Mrs. Taylor, who lives about three
quarters of mile from Antelope, was
quite an important witness, with refe r.
ence to Forester's attempt to escape,
her testimony being that he called at
her house at about six o'clock ON the
night Brogan was killed and asked
for horse. and on being told he could
not have one started up Antelope
valley on run.
The last witness called by the prose-
cution was Sheriff Kelly, who testified
80
after Forester who had been arrested
by the sheriff of Humboldt county, his
taking Forester into custody and his
willingness to return to Oregon for the
purpose of standing trial. Here the
attorneys for the state rested their
case, and court adjourned to l:30 in
the afternoon.
/ On the reconvening of court Max
Lnddeman was called by the defense
and an attempt was made to impeach
the testimony of Farquer MeRae, by
showing through Mr.. Luddeman that
the evidence he gave before the
coroner's jury at the inquest was not
consistent with the testimony given
on the trial. Mr.. Luddeman was kept
on the witness stand the greater por-
tion of the afternoon, the attorneys q
occupying considerable time in dis
cussing what questions were admiss-
able to ask witness.
Four more witnesses .were examined
by the defense Saturday evening, C..
D. Brown, W. E. Kemp, ]. B. Moore,
and E. J. Glisan.
The testimony of Brown and Glisan
was on minor points and did not have
much bearing on the case. Moore
testified to having heard the qnarrel
between Brogan and Forester and
Gum and Forester prior to the killing.
According to his testimony Brogan
and Gum were the aggressors.
When court convened Monday morn
ing John Brown was called and testified
that Forester came to where he was
working, about IL or Is miles from
Antelope, be6ween and 9 clock the
morning after the killing. He came
and went away on foot. He had
neither hat nor coat, and his face was
bruised.
| ]. A. Howe testified to having heard
Brogan and Forester quarreling on the
streets in front of his shop during the
afternoon before the killing. and heard
Forester tell Brogan to mot crowd
| him too far or he would find out what
kind of coward he was Brogan
was considerably excited at the time.
T. S. Hamilton was next called and
stated that he and Slim came to
| Antelope together the afternoon be-
fore the killing.
Levy Lem mbeny testified as to when
Forester came to Antelope and to his
putting his horse in the livery stable,
EUREKAl