East Oregonian : E.O. (Pendleton, OR) 1888-current, 1907-04-27

while standing at an angle of As de-
grees and replied that he would fall
forward. However the doctor declar-
ed that Estes could not have been
standing at such an angle and still
had his feet in the position in which
they were found.
NJ. E. Randall was then called by
the state. but he was not permitted
to testify as to the occupation of
Estes.
Sheriff Taylor was then called and
also identified the bullet as the one
given him by John McCourt. But lit
tie if anything new was brought out
by his evidence. At IL o'clock the
stated by the attorneys that little
more evidence was to be submitted.
Late Yesterday Afternoon.
Following DR.. Cole upon the stand
DIR. H. s. Garfield was called and was
asked the same questions as the pre-
ceding doctors regarding the prob
able attitude of Estes when shot. In
his Judgment a man receiving the
wound Estes did was in an inclined
position and he illustrated the prob
able attitude to the jury.
Judge Fitz Gerald.
Judge Thomas Fitz Gerald was
next called. Immediately after the
arrest McManus had been brought
before the judge by Messrs. Coffman
and Wilson. TTe declared in answer
to a question that the defendant had
made a statement to him at that
time. He then told in a graphic
manner of the story given by Nc
Manus at that time. In the same
McManus had made the same state
ment he gave to others soon after
wards and has held to ever since, to-
wit: That he had been robbed twice
before and that Estes had tried to
rob him just before he drew his gun
and shot him.
Sheriff T. D. Taylor was then call
ed and was asked If McManus had
made a statement to him. and he re-
piled that he had talked while being
taken to the county Jail in a cab
from the recorders office. However,
the sheriff's testimony was objected
to as being self-serving and the OBJ
lection was sustained. An acrimoni-
GUS tilt here occurred between
Messrs. Fee and Phelps and the OBJ
lection to Taylor's testimony was fl
nally withdrawn. He then said Nc
Manus had told him Estes had fol-
lowed him and that he had tried to
put his hand into his pocket when he
shot him.
F.. p. Aldrich, city editor of the
Fast Oregonian, was then called and
testified to the statement made by
McManus while he was being held at
the recorders office awaiting the ar
rival of the sheriff.
John HALEY, jr., U. s. commission
er, was then called and testified that
Estes reputation for honesty in this
community was bad.
KEGS Evidence Impeached.
AT this juncture the defense began
upon line of evidence looking to-
wards the impeachment of the tes-
timony given on the stand by John
Kees of the Taylor hardware store.
George O'raniel, v. Stroble, Charles
Fishman and s. NJ. Doan, all men,
5ers of the Estes coroner's Jury, and
Coroner Ralph Folsom were placed
upon the stand and declared that at
the inquest Kees testified differently
from what he had upon the stand.
On the stand during the trial Kees
had declared McManus told him he
wanted a revolver to kill a man who
had robbed him, while the coroner's
jurors all insisted that at the inquest
the salesman had said McManus told
him he wanted the gun to kill the
man in case he should again attempt
to rob him. Also several other
points in Kees' testimony were dis
puted. one of them being his state
ment that McManus had told him he
knew the man who had robbed him.
j. 5. Beckwith, court stenographer,
wos then placed upon the stand with
his coroner's inquest notes. and
showed that the testimony of o. w.
Coffman before the coroner's Jury
differed from that offered on the
stand. On the stand in the trial
Coffman declared that McManus had
told him he had bought gun to kill
the man who had robbed him, and
Beckwith said he had not made that
statement at the inquest.
A. A. Roberts. receiver of the land
office at La Grande, was the last
witness called yesterday, but he was
not allowed to testify.
--