East Oregonian : E.O. (Pendleton, OR) 1888-current, 1905-06-20
TESTIMONY IS
VERY DAMAGING
CONTINUED from Page /.

hind him as If to draw a gun, and
that Martin had then fired the fatal
shot. This contention of the defense
is apparently the ground upon which
their case is to be fought
Minnie PrestOn's Story.
Minnie Preston, daughter of the
dead man, was the first witness called
by the state. She gave her age as 16,
and in answer to questions stated that
she had kept company with Grover
Martin or two or three occasions. on |
October l9 she said she went to DIR. |
Fulton's dental office to have some |
work done upon her teeth. That DIR. |
Fulton was then down town and that |
young Martin had attended her. Fol-
Lowing this she stated that Martin |
locked the door, and she admitted |
that illegal relations had then occur |
red. Objection was made to this tes-
timony by the attorneys for the de-
fense, but they were overrued by the |
court and the evidence allowed. Fol- !
lowing the above testimony the girl
said she first disclosed her condition
to DR.. Ghent woman physician at
Milton.
Following Minnie Preston, Mrs.
Ghent was called to the stand by the
district attorney, and testified that
Minnie Preston had consulted her on
the subject this spring.
Myra Clark, daughter of David
Clark, was then called to the stand
and stated that she had been keeping
company with Grover Martin from the
first of last October to the time of his
arrest. Also that a few nights before
the shooting had occurred, Martin
had shown her a pistol which he was
carrying, saying that he was doing so
because of trouble with Preston over
his daughter.
Mrs. Preston, widow of the dead
man, who was next called, is probably
the strongest one for the prosecution.
She is a slightly fleshy woman of
middle age, and is matronly appear
ing. She was dressed entirely in black
and told a very direct story, and had
good control of herself. On several
occasions she graphically illustrated
to the jury the positions of the diff
ferent parties in the affair, among
other things showing the helpless
condition of her husband at the time
he was shot.
According to her story, she was
first told of the fight by her daughter
Minnie, and she at once ran to the
house, crawling under the wire fence
to get into the road. Her husband
was then almost under the wire, and
she saw Mr.. Clark help him to his
feet. AS to what then followed. she
testified as given above.
Cross Examination.
On cross-examination she declared
that her husband had not placed his
, left hand behind him, and also thai
he had no weapon of any kind on his
person. She gave her position as be-
ing about 10 feet away at the time Of
. the shooting, and said Martin was si'
or eight feet from her husband.
Right after the shooting she turned
; to Martin and said: You know yol
are guilty" At this she says he gav'
her a look that made her think III
might also shoot her. She then tolC
of 'phoning for the doctor, of the car
rying of her husband into their house
and of his death few hours later.
on cross s-examination Mrs. Preston
was asked concerning grip or wallis
r, that was taken from her house on tn
n Sunday before her husbands funeral
a it being the opinion of the defens
that among the things taken at tina
time was a pistol that had been pre-
viously carried by her husband
However, Mrs. Preston said that tn
grip contained no such weapon; tina
- it merely had apparel for her daugh
, ter Minnie, who was to accompany ]
/, G.. Smith, Mrs. Preston's brother, t
Echo, so that she might be ava
u from the surroundings for tim'
- She stated that they wished to kee
4, this visit quiet, and that she ha
= heard of threats against her daugh
ter.
Following Mrs. Preston, Mimi
was again called to the stand and tol
of the fight and the shooting /
this, her story was virtually the sam
as that of her mother.
David Clark was the last witnes
called during the forenoon. He tol
Z, the story of the incidents surroundin
re the fight and the shooting. He di
st fered from Mrs. Preston in one in
ie portant respect. 1t was in regard
m the saying of don't" by himself an
l. Preston. According to Mr.. Clrak /
e. did not say such nor did he hear Pre-!
is ton say word. AS to Preston's plat
fl ing his left hand behind him, M
le Clark said he could not say as h
e. could not see his left hand.
ne DR.. Thomas, of Milton, who attend
If ed Preston at the time of his dealt
" was the first witness cal ed this after
n noon. He gave an account of the cor
h. dition of the victim when he arri'
s. ed, and of his death a short tim
after. Later he was recalled and tel
- titled to show that the death had OF
CURED in this county, upon deslgna
ed day.
NJ Identified Slingshot.
Rev. Cleveland, pastor of the Cor
ty gregational church at Milton, was ne;
-. called and told of arriving at II
" Preston house about Q o'clock in II
BY evening of May 18, and of finding
slingshot in the road where the figl
an had occurred. The slingshot was e.
hlbited in court and identified by Il
u' witness 1t is made of leather, al
,al ha' al iror or lead bulb at me er
and is fitted so as to fasten over Il
u wrist,
Constable Dykes, to whom Mart
liy pavf fnoE tho Witne