East Oregonian : E.O. (Pendleton, OR) 1888-current, 1907-10-01

All OF the evidence in the Horseman
murder case has now been given and
at o'clock tomorrow morning the
attorneys will commence their argu-
ments to the jury. Sometime during
the afternoon the case will be given
TO the jury.
At 12 o'clock today all Of the direct
evidence in the case had been given
Corely being the last witness called
for the defense.
At the opening of court this after
noon william Troxle was called in re-
buttal by the state. Seemingly the
principal feature OF Troxle's testi-
mony was that he had been summon
, ed as n witness for the defense, but
had refused to meet their expecta-
tions. even refusing to visit the office
of Colonel Raley for the purpose Of
consulting the defendants attorneys.
According to Troxle, he had never
promised to go to the office, but Al
Horseman, who was then called IN
surrebuttal, stated that such a prom
ise had been made him by Troxie.
At the conclusion OF Horseman's
testimony Judge Fee stated that the
defendants lawyers had not yet had
an opportunity to prepare their In
structfoffS. Consequently recess was
taken until tomorrow morning.
During the trial 16 different wit
nesses were called by the state while
IS were placed on the stand by the
defense. However, both sides placed
some OF their men on the stand sew
eral times.
This Forenoon.
At the opening of court this morn
ing L. 3. Gilman was called by the
defense and was upon the stand for
an hour. But while admitting on
ross-examination that he was very
particular friend OF Horseman's, yet
he seemingly did not make the wit
ness that the attorneys for the do
fense expected.
In order to refresh the memory Of
the witness Judge Fee read to him
statements which he, Gilman, had
made to the attorney shortly after
the killing of McBroom. However,
this line of action was objected to by
the district attorney and the court
sustained the objection. One ques-
tion asked was II the witness had not
told Judge Fee that at the time of thN
shooting both Cartwright and Nc
nroon, ,tnra odyapnIng uDnn unrca-
man.
During the cross-examination OF
Gilman It was brought out that he
had been nearly like a brother to
Horseman and also that before ans
wering n subpoena of the district at
torney he had first consulted with
Horseman and his attorney, Judge
Fee. For doing so he had been CEN
sured by Mr.. Phelps when he finally
appeared before him.
CaldwlI Corroborates Story.
Sam Caldwell, young man of the
Gurdane country and who had work.
ed for Horseman for short time,
told of being present when Horseman
and McBroom had the trouble over
the fence. He corroborated Horse
mans story OF the first meeting and
said he overheard some of the talk
when McBroom and Horseman met
at the Nelson place the next day.
George Taylor testified to having
been at william Curtwright's place
on March 2S last. and to have talked
with McBroom about Horseman. He
said McBroom had declared he would
kill Horseman before the summer
was over.
Frank Hinkle, son Of Burr Hinkle
Of Butter creek, told of having been
with McBroom on the John Day river
last March. He said McBroom had
told HIM he was going to whip
Horseman.
Anthony Corey, who proved to be
a stepbrother of the man on trial.
said he had ridden a short distance
with McBroom on the day preceding
the killing. He said McBroom told
him he was Intending to lick Horse
man the next day and that he would
"give him damn good one."