The daily journal. (Salem, Or.) 1899-1903, 1902-10-15

MARKLEY
JURY
Case Is Submitted After
Argument
MaSterful Closing Speeches
BY McNary and Gearin
tuesday Afternoon.

G. w. A. Jette was recalled by the
state, and testified concerning Faln'.
dying statements. He corroborateC
Smiths testimony on the same sub
ject.
Mrs Elizabeth Jette, wife OF G. w
A. Jette, gave the same testimony con
. cerning the shooting and the attend
: ant circumstances as did her husband
but she did not go to Falns house.
J. A. Jette gave corroborative testi
mony of the finding of Faln, mortally
wounded, and the statements of the
man before his death. Jack Terhune
gave the same testimony, as did also
John Schick The cross-examlnation
Of these witnesses did not accomplish
anything.
j. e. Eldridge testified concerning
business relations of Markley and
murdered man. Related conversa-
tion had with Markley about April 1.
1902, in which Markley said he had
given Faln 36 hours to execute q deed
to him (Markley) to the premises upon
which the store building was located.
Defense objected to questioning, and
moved that the matter be stricken
from the records. Motion was over
ruled.
State rested its case at this point.
Defense opens.
John f. Markley, the defendant. was
called in HIS own behalf Was 67 years
Of age and had lived in Oregon since
1865. In partnership with Fain about
10 years, dlssolving partnership in
March, 1901, on the best Of terms,
having never had any serious difficulty.
Denied ever having had any conversa-
tion with Eldriedge. On morning OF
murder / was on porch of store, when
Deputy Sheriff Goliath and Dolph Jet.
te drove up. Said must get ready
and go to town with him Asked on
what charge and Goliath said "mur-
der" Went into store and behind
counter and got the gun.
At this point defense introduced
separate plot OF the grounds. Herrlck |
was called and identified chart, and |
testified that store building was Wis
ible from c. W. A. Jette's residence,
but that the view to Fain's house from
Jette's residence was probably OBJ
structed by reason of peach trees that
surrounded the Faln home. The eleva-
tlon OF Fain's house is about two feet
higher than the store building. and the
distance between Faln's house and the
store is 57h feet. On cross-examlna-
ton witnesses stated that point where
body was found was lower than floor
Of store building.
Carson asked II any evidence had
been offered on the kind OF ammunl.
ion that the loaded gun OF Markley
contained when delivered to Sheriff
Goliath. He was Informed there was
10 such evidence I'm the case, and he
hen demanded why that important
act had not been disclosed, and why
he defense was not permitted to have
advantage Of such a disclosure. The
tate denied having had possession of
'ither the contents of the gun or any {
knowledge thereof since the ire-arm &
vas delivered into the hands OF Sheriff s
'olbath.
Markley again took the stand and /
estihod in substance as follows: On s
norning OF murder | heard a noise a
.ooked out of the window and could G
ee between the store building and q
aims house, but could see nothing. S
.fter looking about the store, and see (
lg nothing, and then went inside the \
tore Did not tell young Jette that he Il
card screaming. Was awakened by Il
light noise. but did not know whether d
was caused by discharging a gun or 4
man chopplng wood. Used the gun Il
day before Fain's death, when he IL
as shooting squirrels and cherry a
Irds. Never had in possession in his n
ock or otherwise any such shot as
as introduced by the state. The gun j
as loaded with fine bird shot. Wit 4
sss testified that when requested by
olbath to deliver his gun, that the j
hcer handled the fire-arm carelessly, I
I'd the hammer fell upon one of the =
,ps, which was bursted. though the ]
IN was not discharged. Goliath took i
.ps from gun, and put them In pocket
'ehune never had possession Of the ]
ps at any time. Also denied stating Z
at he had heard the explosion of a \
m or person scream.
Defense desired TO question witness i
ncerning his being shot about
ar ago, for the purpose OF proving :
of place as law-ablding. i
ate was sustained in It's objection.
the witness identified the ]
ps that We're taken from the loaded. I
n, as delivered to the sherin. Nc
Iry, In the eross-eNamination OF the !
tendant, failed to make any materi. I
gains
J. II. McNary, deputy prosecuting at. ]
ney was called by the defense, and /
titled concerning the extraction OF
loads from the gun. He said the j
n contained only small bird shot. i
IA no evidence OF any buck-shot
Iohn Scollard. who was present j
en- Goliath arrested Markley. testi- I
that he heard no conversation be
zen the men, nor did he see what
anne OF the gun caps. Said Markley 4