Daily capital journal. (Salem, Oregon) 1903-1919, 1908-03-05
SIAIt DROPPtD BOMB
CONTINUED from page one,

was questioned again IN regard 70
the fees and also regarding certain
letters written by Dunbar. AS was
the case in the morning, Kozer hal
a poor memory and was unable "a
give any definite information.
w. n. Gatens, Governor Chamber.
laIns private secretary. was next re-
called and identified letters written
by the governor 70 Dunbar, inquir
ing into the matter of the right OF
the secretary of state to collect fees.
The answers TO these letter had been
read and introduced in evidence dur
ing the morning session.
II was here that the wordy war
for a continuance took place. After
Gatens left the stand, Mcmahon
stated they would have to wait until
1.-THE state treasurer could prepare the
necessary data. This was at 2:30
o'clock. Fulton replied to this in
an ironical statement, In which he
asserted the plaintiff "dilIy-dailled'
along. leaving everything to the last
moment. "They have known right
along they would need the treas
urer." he said. "and yet they wait
until the noon hour before they sub
poena him"
Mcmahon asked for the continu-
ance until 9 o'clock this morning
In support OF this request and Of
the position OF the plaintiff, Nc.
Mahon said: 1--WE have been very
much handicapped in this case. We
have to pay the money to continue
II ourselves We have to get our
witnesses here against their will. We
did not know the attitude OF the
present secretary Of state. and those
are the reasons we have had to make
these postponements."
This brought forth a vociferous,
eloquent address from Fulton.
This case was set ior trial in
spite OF my earnest protest. with
tears I'm my eyes. that was engaged
in jury trial in my town. shouted
Fulton. His voice resounded through
the court room and seemed as n h
we're trying to impress a whole Jury
rather than a single Judge. He was
very much perturbed. called the
courts attention 10 the understand.
ing that the case was TO have been
completed yesterday morning so
that he could go back to Astoria in
the afternoon. He asserted, There
seems to be an intention to harrass
and annoy Mr.. Dunbar, Let them
dismiss this suit and bring another
one In my town. and I'll give them
all the time they want"
Mcmahon stated ignoring Mr..
Fulton's suggestion TO dismiss the
suit that Il was only fair and just
that he be given time to bring his
witnesses into court.
This brought forth whole stream
OF fresh pyrotecAnics from Fulton,
Who. with arn.' waving high and his
voice higher. ocoasionally banging
a law book on the table shouted that
a school hoy" would have known
the state treasurer would have been
needed as a witness and would have
had him In court.
Mcmahon. all smiles. replied
"well. YOU see. Mr Fulton. I'm not
a school boy"
Judge Galloway here stopped the
attorneys long enough 10 grant the
continuance. Fulton jumped TO his
feet. demanding II still another con
tlnuanee be granted the plaintiff Il
he wanted Il tomorrow morning
The court took slight offeuse to the
remark aud stated ne would make
no promises.
Fulton then offered 90 stipulate
that the treasurer had not received
any OF the moneys claimed 20 have
been turned over 10 Dunbar as fees,
Mcmahon, who had gathered up his
books under his arms preparatory
Co leaving. vas about to agree but
lear that Fulton was limiting too
much In the stipulation refused,
aud. taking advantage OF an argu-
ment which had ensaed between
Judge Galloway and Fulton. made
good his escape from the court room.
District Attorney MeNary dropped
bomb into the camp OF the counsel
for Dunbar, when he presented an
order, which Judge Galloway signe #.
requiring the defendant 20 produce
the private Zee book. which he aud
his private clerk, sam Koser. kept.
the hiding place OF which Koser
claimed In his testimony yesterday