The daily journal. (Salem, Or.) 1899-1903, 1902-10-14

--~rar f.Tu- ard az la-A So
z-s-- 3 2. Conan. who. a. oeFl-
.r .ss-- -ass CEFwTPZB HHDL
~ ,ss-iz p.aess NArkley uader ar
$50 q ths -oru,-z q the U1r1=s.
.z..fess ,sst lssk tzgrsls x ths s10i-
- nee t,asas b-s tat O1e q ne
- a. see- s-ay-ed Asksd Marx
,sv g. ..s r1r hs took possession q
"a. tss c-e be IWarklsTl killed Falr-
v.-sIev se--=5 The sho0tinE On
---.-...ra-f-sts5-. Cea-fn enteaToTed
70 t--z o.. tae fsct that Co-baia -
.~-sss-t r-a5-sd 01s q The caps
- t- received The g-n from Marx
rsr ~, also sad that there Eas not
70 :. tg1rs IL he lWarklsy'sl stock
!. a----.tg- Ike thz; uhich vAs
,,rea f-D-n the body q Fsin-
FR Osb5ra testified thai froI1 an
zra-f-sr5- q Mzrkley's Eun- abo1t
% o'e,oek o. the morning q The mur-
ss- trst the Ietlha1i barrel q the
-- tsf t=ea tis1hz-gsd- as dis
r,ezes ty the coalition O the cap.
Cez-1 On questioning the ~itness.
b-o-z.t out the fart that vhen Coz
bsfs ,o1E the gun and Examined the
sr@srr-. that the caps dropped % the
v-o--t and Jack Triuune picked
them % and put them 10 his pocket
TIE o-Iy eramination witness had Of
The cars vas vhiie the gun vas In the
hands q the sheriff. and he never saw
them Afterwards.
c. ". A Jette. one q the principal
witnesses for the state and Who lived
about s15 feet from Msrkiey's store.
testified that be heard = gun-sh0t re-
1o-r about 3 O'Clock OF the morning
q th- murder At the same instant be
heard a person scream. He immedi-
ately opened the window. and hooked
towards Markley's store. and detected
a puh of smoke drifting east from the
rear door of Markley's store. witness
then described seeing Fsin get up and
s,azger 20 his tFain'sj house. After
going 20 Pains house. went and told
ueighbOrs that Fain had been shot
witness stated that Fain vas In dying
condition Defense objected 10 ad-
mission Of this statement. for the rea-
son that il vas expert testimony
which the witness vas not qualified to
give. The objection was oyerruled.
Witness then testified that Fain stated
that he did not think he would live
much longer: body was becoming
cold. and he wished the services Of a
minister Fain gave instructions con.
cerning whereabouts o. his relatives.
and the disposition Of his personal e.
fects Defense objected 20 intrOduc-
ton Of dying declarations Of Fain. for
the reason that the foundation OF a
dying condition had not been estab-
lished State insisted that IL had been
shown that man vas pale. body was
becoming cold, and had declared that
he vas done for In support Of his
contention District Attorney Hart
said that Fain had expressed a desire
70 secure the services OF a minister.
which he held was conclusive evidence
that the man expected 20 die. State
consented and agreed 20 call another
witness % give additional testimony
as 70 the dying condition Of the man,
reserying the privilege OF recalling
Jette.
James r Smith. who was present
at Fain's bedside before and at tn,
time Of the mans death, was mex
called TO the stand Testified that
Fain said that he could not live more
than two hours. Asked that minister
and doctor be telephoned for. told
where his relations lived, and gave in
structions about his personal effects
Witness was asked 10 relate conyer
sation had with Fsin as % cause OF
gunshot wound. Defense objected tC
question as incompetent Objection
was oyerruled. Witness stated tha
he told Fain that Markley had denie,
doing any shooting To this. Fain sal,
that he was walking 20 his barn. an,
when near the store Markley opene
the door Of the store, and. saying tina
II was about time for him to take hi
medicine, and shot him. Witness tei
tilted that he passed Markley's stor
between 81 and 6 O'Clock on morn
ing Of murder. and saw Markley o
porch. Asked Markley what he ha
been doing, and Markley said that h
thought robbers had held Fain up. an
shot him. Vigorous cross-examinatio
Of the witness by Gearin failed I
shake his testimony in the main.
Court declared a recess until
o'clock this afternoon.