The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1907-04-06

All of yesterday was devoted 10 the
testimony and pleas in the case OF the
State against Captain c. M. Forest
charged with the killing OF George Fish
er, The interest In the case Is unaba-
ted and despite the warning OF Judge
Mcbride as to the unfitness OF the old
courtroom FOR great crowds. there was
no diminu,ion In attendance yesterday.
nor last evening.
The case FOR the state. as far as tes-
timony went, was closed shortly after
the court convened yesterday morn,na.
Paul Pengrat and Charles Cooper be-
ing the only two examined In addition
to the eight that were on the stand
Thursday, The defense introduced the
testimony Of the following witnesses
yesterday forenoon, NJ. d. Johnson. r.
r. Dyer, John Petersen. Martin Foart.
Capt. d. J. Mcyicar. l.. Mansur, G. C.
Fulton, p. A. Berglund, and the aged
defendant himself that of the first
eight named being almost wholly as to
the excellent character, and long record
Of useful and quiet service rendered by
the old snip-master on this coast, his
own testimony being the most directly
concerned with the unhappy incident
of last December, Captain Forests
story as told on the stand. was, In sub
stance, ns follows;
He told of Fishers joining the Annie
Larsen at San Francisco: he had never
known or sailed with aim before that
voyage; shortly after arriving In this
port and docking. Fisher went to the
Captain and asked for SIS for the pur-
pose OF buying some oil skins. the
captain borrowed $50 at the Office OF thv
Astoria Box Company, which was load
ing the vessel, and gave $40 OF 1t to
Fisher, he also gave him an order on
Foard & Stokes for the things he need
ed; the man worked steadily enough
for couple OF days after that, but on
Thursday the first mate advised the
master OF Fishers alleged sickness;
captain went TO hunt him to ascertain
what was the matter; found him sit
ting in the fore hatch. complaining of
and wanting his discharge
he was told the Captain could not pay
him off and was given a note to Dr.
Tuttle for treatment, enclosed in which
was hospital blank; later In the same
day the captain was walking about
town nd was roughly accosted and
abused by Fisher on the street, and
avoided MIN by going into the Office OF
the bar pilots on Twelfth street: early
in the afternoon the captain gave Fish
er second note to DIR. Tuttle asking
him to examine this bum: went on
deck about o'clock and Fisher again
accosted him and called him out of his
name; the man had been drinking deep
ly and was very insulting; the captain
thought he was going to strike him and
threw up his hand to avoid an expected
blow, and had lighted cigar in his
hand, which struck and burned Fisher
On the lip; Fisher instantly struck the
Captain In the face near the left eve
md dazed him considerably; the cap
ain turned and went below to his cab
n, got his revolver, went back on deck
ind struck 1t through the rigging with
he idea Of frightening Fisher; the ham
ner caught in the rigging and was dis
'harged, the shot striking Fisher; the
nan fell to the dock on which he was
'tanding, and the captain returned to
lis cabin where ne tainted from the
ihock Of the accident and the know
edge 1t forced upon him; he had not
not to Kill the man and did not know
he gun was loaded; the whole trans
tction occupying but the space of a
moment.
The balance Of Captain Forests tes-
imony dealtn with the removal of the
INJURED man to the hospital; the arri-
al Of the officers; mis- arrest, and all |
he well known detail that followed the
hooting.
His tale was told in quiet, forcefull
erms and carried conviction and a
ence Of sympathy to every listener in
he room. The revolver was giftl|
rom a former member of the crew Of
he Larsen and the captain did not
now anything Of It's condition and mad
ever even examined 1t closely.
The pleas at bar were then made
or the state and for the defense and
'ere able and clear statements in the
arying interests presented, u. s. Sen.