East Oregonian : E.O. (Pendleton, OR) 1888-current, 1907-04-25

said he, "and then drew the pistol
and shot, the gun being. quick on the
trigger and going off almost as soon
as had drawn it."
MoAIanus Was Afraid.
"Why did you draw the gum" ask
ed Judge Fee.
81 was afraid,'i replied McManus
Afraid of what?"
afraid 1 would be sandbagged or
killed. had been followed and rob-
bed and was afraid" declared Nc
Manus.
did you know the man you
shot?" he was next asked.
II did not" replied McManus, and
he declared that when he met him
in the hallway he had merely noticed
that the man was one whom he did
not know. In telling of the shoot
ing he said that he had not drawn
his gun with the intention of killing
Estes. but to defend himself, and
that as soon as he had fired he real
lied he had done something he
would he sorry for.
Take the Witness" announced
Judge Fee, when McManus had COM
pleted his recital. However it was
then nearly noon and a recess was
taken until 1870.
This Afternoon.
The news that the defendant, Nc
Manus, was on the stand this morn
ing, got noised about during the noon
recess and the court room was pack
ed when the gavel fell this afternoon
at half past one.
McNIanus Cross-Examined.
Those who were anticipating a
sensation in the cross s-eXamination of
McManus were disappointed. Mr..
Phelps conducted the cross-examina-
ton and but few questions were ask
ed. No queries were put to the wit
ness concerning the shooting, but the
examination was confined to a few
questions about when he returned
from La Grande and about the time
he was robbed when stopping at the
Idle Hour lodging house.
McManus said that he could re-
member nothing about what hap
pened on Tuesday or Tuesday night.
That concerning that time his mind
was a perfect blank. When he re-
turned from La Grande, he said, he
went to the Golden Rule hotel and
| asked for a room, but they only had
| one and it was not suitable. that he
went down town, took a few drinks
and met up with some friends. When
asked where he was stopping he told
them he could not get a room at the
Golden Rule and was willing to stop
at any place except the Idle Hour,
rs he bad been robbed there on a
previous night.
He said he told his friend he would
| stop at the French restaurant and
they started for that place together.
The next he knew was when he
awoke in the morning in the Idle
Hour house with his money gone.
He could not remember anything
about his watch except that 1t was
gone Wednesday when he started
home to Pilot Rock.
U. S. Marshal Short.
The defense called as their next
! witness Nels Short, who said he was
| deputy U. S. marshal, residing at
North Yakima. That he had held
the position for five years. and that
prior to that time he was a constable
in North Yakima for six years.
Character of Bob Estes.
"Did you know Robert Fstes?"
asked Judge Fee.
II did," replied the witness.
II will ask you II you know what
| the reputation OF Robert Estes was
in the community in which he re-
sided?"
| "T do"
"You may state what that reputa
ton was"
At this point prosecution promptly
objected to any testimony as to
character being admitted.
Objection Argued.
| The defense had tried to get evil
dence OF the character OF Bob Estes
to the jury before during the trial
This was ANTICIPATED by the prosecu-
tiop today and they had their desk
well loaded with authorities for their
argument.
L
took UP the argument of the motion
for the defense, maintaining that ev-
Iidence as to character was admissible
and pertinent.
Judge White contende for the pros
ecution that where 1t is shown that
a felony Is being attempted without
force, such as picking a pocket, the
taking of life is net permissible. And
IL that was not defense evidence as
to character Is not admissible because
IT. makes no diffcrene whether the
man making the attempt Is a good
man or a bad man.
| At $3.50 this afternoon Mr.. White
had finished arguing the objection
and Colonel Raley had begun his ar
gument sustaining the right to inquire
into Estes character for the enlighten.
ment Of the jury.
The Mrs. Mabel Warner Case.
While the court was waiting for
the witness Mumford in the Nc
Manus case this morning IA few OF
the cases on the docket were dispos-
ed of.
TIE Mabel Warner will case
which was tried at the beginning OF
the term, and In which the jury dis
agreed, was set for next Wednesday
and the witnesses ordered to report
at that time.
The trial will be conducted this
T..I + al