The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1907-12-25
STATE RESTS IN
CHURCHILL CASE
WITNESSES DIFFER As TO
USE OF HAND TO SHOOT
Defense Will Start Calling It's Wit
nesses This Moining-Court
Room Crowded.

The Churchill case opened prompt
ly at $50 as usual and the defen-
dant's mother and his devoted wife
were at his side. A large crowd was
present throughout the day taxing
the capacity of the court room; many
ladies being among the audience. The
audience was keen in taking in all
the points of the lawyers and listen
ed attentively to the testimony of the
witnesses.
The first witness introduced by the
state was William Mccullough. He
saw the shots fired. Being question
ed by Mr.. Snively he said, that he
did not see Zeigler raise his hand but
that his attention was not called to
Zeigler's at that particular time, SO
he did not say that Zeigler's hand
was not raised in striking attitude.
Zeigler, he said, was right in front
of him, and he did not hear anything
said. His attention was not called to
the position of Zeigler's hand at the
time of the shooting.
The next witness was r. c. Friend,
an elderly gentleman who lives in the
Athanum When the shots were fired
and when his attention was called to
Zeigler, Zeigler had his right hand
behind him and had his left hand
thrown up. Witness said. II could
not state positively in what position
the hands of Zeigler were a THE time
the shots were fired. ] could not say
what was the attitude of the hands
of either Zeigler or Churchill at the
time the shots were fired. There was
man between me and Zeigler.'
The next witness called was L. H.
France. He said he was standing
about one foot south of the door of
the Eagle bar. His attention was
cause of the shooting. He too, said
that Zeigler raised is left hand and
turned around, his right hand going
behind him. He was there when
Zeigler and his two friends came out
of the saloon He said that he did
not remember whether Zeigler said
There he is now" or not. He said
that he neither kept his eyes on
Zeigler all the time or on Churchill.
He was facing the depot. Mr.. Snive-
ly cross examined him but little and
asked him these questions:
Did you not hear Zeigler say be-
fore the shooting that he would get
Churchill's hide before he went home
that night" He said that he did
not hear that at the time of the shoot
ing, but left the inference that he
heard it before that time during the
afternoon. Mr.. Snively gave notice
that he would recall him to ask him
that quetion later.
Next witness introduced was 4. E.
Lumber Company. He was with
Kenoyer who testified on Saturday
His testimony was very similar. He
said he was not observing Zeigler's
hands before the shooting and did
not know their position. He said
Zeigler was walking rapidly towards
Churchill when the shots were fired.
Churchill, he said was walking north
when he saw him, which would be
away from Zeigler. Mr. Mitchell's
testimony was rather beneficial to
the defendant than otherwise.
Frank Cook was the next witness
he said he with his little boy passed
the two men just before the shooting,
but was watching the fire depart
ment.. Zeigler fell couple of feet
from him. Policeman Kelly. Story
and Perry were called by the state to
prove that Churchill had heu after
the shooting. Witness Story, how
ever, said that Churchill walked at 4
medium gate into the saloon after
the shooting, and this same witness
said that Churchill gave himself up
over at his home. None OF these three
witnesses saw the shooting. Mr..
Snively complimented Story upon n
fairness and did not ask him al
questions.
Mr.. F. Kelly was called by the
state. He stated that he saw Church