The Dalles times-mountaineer. [volume] (The Dalles, Or.) 1882-1904, 1899-02-25
and Kemp, city marshal, testified that

and Kemp, city marshal, testified that
the horse was there for several days
after Brogan was killed.
w. B. Cowne, who lives at Caleb, 10
miles southeast of Mitchell, told OF
Forester being at his place the Tues
day after Brogan was killed.
Charles Hoffman, the next witness
for the defense, gave some testimony
as to knife which Forester had car
ried during the fall, and Chris Knaoe.
testified to being in Silvertooth,s
saloon short time before the trouble,
heard Brogan and Gum talking about
Forester, and heard Gum say to Bro
gan that if he settled with Forester
he could whip him (meaning Forester)
afterwards. Knabe met Forester,
Slim and the Mexican going into the
saloon as be came out, and while
standing in front of saloon On the op-
posite side of the street, could hear
disturbance in SiIvertooth's saloon,
and could see through a window that
chair was raised with the legs of the
chair upper most.
After Mr.. Kanabe had finished
giving his testimony, ,Garret McCallum
was called who at the time OF the
murder was across the street from
Silvertooth's saloon. He testified
that at the time he heard the noise OF
quarrel in Silvertooth's place he
looked across the street and saw
chair move past a window as II in some
ones hands. He started TO the scene
of the trouble, and when about one
third of the way across he saw a man
moving at brisk rate up the street.
He entered the saloon and recognized
none of those who were implicated in
the quarrel. Forester was gone.
The next witness was George Pat.
rerson. who runs confectionery store
across the street from SilvertOOth' 3.
1t was in front of his store when
McCollum was standing a. the time of
the quarrel, and he also testified, as
did McCollum to seeing chair swing
ing through the window in the saloon.
Joseph Aubin, commonly known as
"Slim," was the next to testify. He
stated that he met Frank Forester on
the evening that he killed Mr.. Brogan,
and was in Silvertooth's at the time of
the killing. He invited Brogan,
McRae, Clarno, Forester, Gum and
others to drink, when BrOgan refused.
calling him an offensive name. Gum
and Forester got into trouble. Slim
attempted to stop Gum and was thrown
TO the floor. He. rose and was again
pushed over by McRae. He did not
know exactly what happened. He saw
Forester escape through the front
door, and did not see Brogan until
after the trouble, when the dying man
was layed out on bed in the saloon.
His memory was faulty as to what
he said on coming into the saloon.
He met the man known as the "Spau.
iard'' in Dial's saloon, where he also
met Forester. When the trouble began
he stood at the center of the bar with
the Spaniard and Forester at his right
while the others stood at his left.
Raymond Chavares, toe Spaniard,
was called after Slim aud admitted
at the time of the alteration he was
in the saloon, having come in with
Slim and Forester about four minutes
before the trouble occurred. Slim
treated but witness did not remember
| as to Brogan or the others using in.
sulting words towards Slim. Some
words passed and he heard noise be.
hind him, and turning around, saw
Forester near the door. He caught
Brogan by the shoulder and told him
too keep out of the trouble. Brogau
shook him of and the next he saw oi
Brogan he was prosrrate on the bed
dying, and Forester was gone.
E. J. Glisau, who testified Saturday
was recalled and testified concerning
the location of bloodetains on the floor
after the trouble. He was questioned
further concerning the trouble between
Gum and Forester, also his converse.
tion with Forester; afterwards they
went to Dlal's saloon where he left
Slim and Forester conversing with one
another.
Charles Clarno was recalled and tes-
titled as to the quarrel in which Bro
gan lost his life. He stated that he
took drink with Brogan. Slim
asked them to take drink and Bro.
gan refused, speaking insolently to
Slim.
George Fagg, of Lower Trout Creek,
was next placed on the witness stand
and stated that he stepped into the
doorway of Silvertooth's saloon as
Brogan said "I'm stabbed" When
he entered it was growing dark and he
saw no one that answered Forester's
description.
George Hammond, of Antelope, was
the next witness for the prosecution.
He was passing on. the opposite side OF
the street from Silvertooth's saloon
and hearing noise he crossed the
street. He opened the door and saw a
chair coming down towards man who
was standing in the corner. The
blows were directed towards Foresler.
but he could not see. from where he
stood, who was handling the chair.
He saw Forester's hand go out and
then Forester stepped out the door
and went around the corner.
At the conclusion of his testimony
the court adjourned until 8 o'clock
Tuesday morning.
The defense called several witnesses
during the morning session, but their
testimony was on minor points. The
testimony of the defense was all in at
10 o'clock and the argument of the
attorneys for. the state was begun at
2:30 Tuesday afternoon.
Counsel closed their argument Tues