East Oregonian : E.O. (Pendleton, OR) 1888-current, 1907-04-23

saw Estes searched and said Estes
had no gun upon his person.
According to Sellers he bought an
interest in the saloon two months ago
and no changes have been made .ex-
cepting that small portable lunch
counter has been installed. Sellers
had seen McManus brought from the
rear of the saloon by o. w. Coffman.
Cross Examination.
When the state had finished with
Sellers Judge Fee took him and asked
many pertinent questions regarding
his occupation before he bought into
the saloon.
Sellers Laborer.
"I was a laborer" answered the
witness, and a smile passed around.
Cant you give us an idea of what
you worked at?" asked Judge Fee.
That he had worked in a sheep
camp some was declared by Sellers,
who said he had also tended bar in
the Golden Rule when 1t had a bar,
six years ago. Finally he admitted
he had conducted a roulette wheel
considerably.
"As matter of fact hasn't that
been your principal occupation?"
asked Judge Fee.
WELL yes:" assented Sellers.
"Is 1t not fact that you have
been employed as a capper or round
er for games in Pendleton?"
mo, I never had that kind of a
job" assured Sellers.
"was Bob Estes employed about
those places?" asked Judge Fee, but
the query was not allowed.
Fee Didn't Play.
On redirect examination Judge
White sprang a sensation by asking
If Judge Fee had been around. A mo-
ment later the Pendleton lawyer re-
turned the compliment by asking II
while playing poker in\ Baker City
Sellers had seen Sam White.
Charles Eppinger.
Charles Eppinger of Alexander's
store, was next called by the state
: and told of seeing Estes in the store
: shortly before the killing.
Yesterday Afternoon.
, For nearly two hours yesterday
afternoon, DIR. ]. A. Best was upon the
, stand most of the time being consum-
ed with the cross-examination by
Judge Fee. The object OF the defense
was to show the position in which
, Estes was standing when shot by the
course of the bullet. In his opening
statement Colonel Raley declared that
the evidence would show that just
: prior to the killing of Estes the latter
had attempted to place his hand In
McManus' pocket and that the latter
had struck Estes with his left arm
, knocking him partly over. After
very exhaustive cross-examination Dr.
Best testified that in his opinion Estes
was in a partly reclining position with
:. the right side outermost when shot
=, But before this testimony was secured
DR.. Best was subjected to an ana
! tomical quiz such as he had not re-
ceived since medical college days. He
y passed the ordeal very successfully.
william Love.
2 William Love undertaken for Baker
& Folsom, was next called and identi'
n E. fled the clothing worn by Estes wher
, he was shot. The clothing was ther
= offered as evidence by the state ant
e objections to this from the defense
were overruled.
t Cass Matlock Testified.
E Cass Matlock, partner with JONI
Estes in the Pullman saloon, was thu
r next witness and owing to his deaf
!, ness it was necessary for the ques
tions to be propounded in writing. HI
: told of being by the stove in the sa
n loon when Estes was killed and
/. going to the back room with the othe
I men after the shooting. He told o
the condition of Estes body. declaring
!, that the clothing indicated he ha'
A been using the urinal. Upon thi
a point he volunteered more evidence
than he had given at the coroner
inquest, and as a result he was closel!
: cross-examined on that point by Judg
. Fee. However, he declared he coul
not recollect what he had testified t
at the inquest, but said what he ha
Just testified to was the truth, never
n theless