East Oregonian : E.O. (Pendleton, OR) 1888-current, 1907-04-24

Because of illness on the part of
Dyke Mumford, one of the states
witnesses, an adjournment of court
was necessary this afternoon and the
McManus case will not be taken up
again until o'clock tomorrow morn
ing.
At 1880 this morning the state de-
sired to place Mumford on the stand,
but as he was not present the noon
recess was taken with instruction to
meet again at o'clock. At that time
District Attorney Phelps reported
Mumford to be SO i'll that his physi-
clan did not consider It safe for him
to appear in court, though he could
probably do so tomorrow morning.
Mr.. Phelps also said that the state
had n few more witness and that he
desired all of them to follow Num-
ford on the stand. AS the defense al
so wished several hours in which to
prepare their testimony, Judge Bean
declared a recess until tomorrow
morning. The members of the jury
were assigned to the care of the bail
ifs under former instructions. They
will not be allowed to separate or
talk with other parties except upon
permission from the court and the
attorneys.
In the cross-examination of the
states witnesses Colonel Raley acted
for the defense today in place of
Judge Fee, who had previously filled
the role of inquisitor.
The long. blue-barreled revolver
which caused so much treridation
when introduced in evidence ester
day while loaded, and which called
forth so much admonitory advice from
the Judge and counsel, and much side
stepping and nervousness when 1t was
familarly handled by Orville Coff-
man while Identifying It as the yea
pom which he had taken from Nc
Manus. was finally disposed of when
court opened this morning. Judge
Bean, without warning to the attor-
neys in the case, boldly advanced and
grasped the weapon and elected al
the loaded shells, with but feeble re-
monstrance on the part of Judge Fee
A sigh of relief went up from those
in close proximity to the reporters
table as the feeling of impending
doom was removed. and the first wit
ness was called.
Bert Wilson.
The prosecution proceeded by call
ing Bert Wilson, who testified thai
he was in the saloon business anc
that at the request of Coffman he as
sisted in the placing of the prisoner
in the city recorders office. The
valuable part of the testimony of thu
witness was in the statement of thu
conversation of McManus while OF
the way to the Jail. Wilson was pos
itive that the defendant had repeated
" stated that he had killed Bob Estes
claiming that Estes had robbed hin
of money. All preceding witnesses
had testified that McManus had onl,
stated that some one had robbed him
and this was the first witness whit
heard and swore that McManus charg
ed the robbery to Estes.
On ross-examination by Colone
Raley, Wilson testified that McManu
said that Estes had robbed him twic'
and was attempting to rob him again
but that he was prepared for him.
+. +. Averill.
z. f. Averill, city editor of the Tri
bune, next took the witness stand
His knowledge Of the case came from
the conversation he heard McManu
make, shortly after the shooting, II
the recorders office.
Bert Huffman and l." testified
Averill event into the office togethe
and Huffman said, What have yo'
done, Mac?' Il have shot the son of
-. He had robbed me twice an
was trying to rob me again.
"McManus," continued the witness