East Oregonian : E.O. (Pendleton, OR) 1888-current, 1907-04-26
CHARACTER TESTIMONY.
Continued from page u

was engaged in buying wheat and
farming. His testimony correspond
ed with the preceding witness.
Judge Fitz Gerald city recorder
in addition to the question as to the
reputation of the deceased for hon
esty was also asked, "Was a COM
plaint ever made to you, as Judge of
the police court, about Bob Estes
having robbed anybody prior to the
time that 1t is alleged he was killed
by Mr.. McManus?" This question
was objected to and the objection
sustained.
Burt Huffman next took the stand
and said he was acquainted with the
of Estes for honesty and
that 1t was bad.
James Peck stated that he had seen
Estes in Lynde. Washington, and
that he knew the city marshal in
that place. did YOU ever see the
city marshal meet Bob Estes on the
street and require him to leave the
city of Lynde?" asked Judge Fee.
The objection to this question was
sustained.
Thomas Thompson Of Pendleton
stated that he was engaged in farm
irg and that he knew Bob Estes and
his reputation, and that 1t was bad
for honesty.
At 10:45 the court allowed a short
recess.
Another Purpose for Gun.
The defense attempted to show by
George Carnes and owen Carnes,
merchants of Pilot Rock, that Nc
Nanus had ordered q gun, or asked
to have one sent for, through their
firm, for the purpose of shooting
game. but the court ruled it out as
being too remote. Neither was their
testimony in regard to what McMan-
us had told them about the robbery
allowed to go in.
After nearly all of the objections
had been made bv the prosecution
and sustained by the court, the coun-
sci for the defense dictated to the re-
porter his statement of what he wish
ed to prove. AS this was done to one
side much time was consumed thii
morning.
George Peebler.
Upon the reconvening of court
George Peebler was called to the
stand. He said he knew Bob Este:
and that he knew his reputation fol
honesty and that it was bad.
George Ernest was next called and
said he had also resided at Rakel
City. While there he knew Estes
but he was not allowed to testify a:
to his reputation there.
l.. A. Esteb was then sworn and
said that while practicing law at Bak.
or City he had known Estes. But
objection was made by the state tc
his telling of his reputation there, this
objection being that it was not shown
that Estes was ever residing there
whereas the language of the statute
| Is that only mans reputation ir
the community wherever he resides
may be shown.
In a ringing reply Judge Fee held
that It mattered not how long a mar
resided in n place and that while ir
| Baker City for but a short time the
deceased may have established rep
utation that followed him to hi.
grave.
After much parleying Judge Bear
sustained the objection on the greunC
that the question should not have
been confined to Estes reputation a
Baker City.
Judge Fee took exception to tn;
ruling and then dictated into the rec
ord what he expected the witness tC
testify to had he been allowed tc
testify.
Fsteb was not cross-examined.
William Temple.
William Temple was next called
Tie had known Estes for % years
He said Estes reputation was mo-
very good.
John McCOurt.
Johr McCourt, city attorney, wa'
then called and admitted he was city
attorney, partner with District At
torney Phelps and that he was hi.
deputy. He knew w. L. Gibbs anc
was asked If he had ever made com
plant against Estes for having beer
robbed hy the deceased. Fat he wa!
not allowed to testify upon tha
point. His answer was dictated into
the record.
Palmer Edwards.
Palner Edwards was then called
and said he had worked in Elliott.
lunch counter and while there Me
Manus had been there about 1.
o'clock one night, that McManus hat
sUrTe money with him; that he wa