East Oregonian : E.O. (Pendleton, OR) 1888-current, 1907-04-02


was taken until 1880 this afternoon.
On convening this afternoon E. r.
Harvey was called and after an ex-
tended questioning was accepted by
both sides,
Outline of Case.
After the IL Jurors had been duly
sworn Judge Fee took the floor for
the opening statement for the state.
He explained why he had been re-
tained in the case by the county court
and read the formal indictment against
Mrs. Warner.
Taking up the threads of the story
Judge Fee said the testimony would
show that after the death of the late
]. w. Young, B. B. Hall had been
istrator of his estate. That the de-
ceased had maintained a box in the
vault of the Farmer Bank of Weston
in which he left papers and valuable
documents during his life time. That
soon after his death Mr.. Hall in the
presence of witnesses. made a careful
inspection of the box in search of a
will, but found nothing of that nature
That shortly afterwards the defendant
Mrs. Warner her husband and her
brother, Fred Young, went to the
bank and asked to be allowed to in
spect the box. This they were allow
ed to do the box being placed on a
small table in the private office of
the bank. That while the papers in
the box were being examined Mr.. War;
ner, husband of the defendant, raised
discussion regarding the location =,
some land described in a dec ~o,n5
in the box. That he caller, Yfaii,s a.
tention to a desert .e,,ya man Of the
COUNTY 10 .,nleh the cashier then turn
cd his attention. That when he re-
turned to the table an envelope mark
ed Last will and testiment of j. w
young" was uppermost in the box
That Mrs, Warner, picking it up, ask
ed how long it had been there and
that Hall replied, about a minute
and a half, madam, since you placed
1t there"
In addition to showing that the will
had been smuggled into the box in the
bank, the prosecutor declared the evil
dence would show that the signature
of the witnesses to the will were forg
cries and that Mrs. Warner is capable
of closely initiating signatures. TEa
previous to the episode in the banl
she had been seen going towards tn
bank and that while walking alon
the sidewalk she had dropped an
picked up an envelope similar to tn
one In which the will was found.
In making the opening statemen
for the defense Attorney j. p. Winte
intimated that much of the evidenc
spoken of by Judge Fee might not b
admitted, in which case it would b
the duty of the jury to ignore tn
ii same. He said 1t would be shown ths
the family of the defendant came
Oregon from Michigan at the instano
of the late ]. w. Young, and that I
. had married the mother of Mrs. wa
ner. That during her younger da!
: she had lived with the deceased CARR
for him in sickness, keeping his bool
and rendering other valuable service
That for this the deceased was graf
full and had lOiu tic uoiS'"o' '''
r. of all his relatives she was the on
one who cared for him. Also tn
responsible men would testify tn
Young had told them he intended lea
ing the bulk of his property to {
defendant in consideration of her ser
ices.
90 Regarding the will found in !
bank box Mr.. Winter said 1t would
admitted the signature of ]. w. You
81 was not his, but that If 1t had be
m nIaced in the box fraudulently the de
had been done by a person other tn
80 the defendant. Also that another w
. similar in its provisions to the o
Al found then, had been subsequently d
covered
While the attorney was speaking
the dead mans regard for her, M
Warner covered her eyes with
handkerchief and seemingly sho
with sobbing.
At the conclusion of Winters sta
ment B. B. Hall was called to
stand as the first witness for the sta