East Oregonian : E.O. (Pendleton, OR) 1888-current, 1909-02-08

Testimony and evidence having
been completed in the Horseman trial
the argument by the attorneys was
begun this morning. Attorney Lowell
was the first to speak and in his ar
gument contended that the killing Of
McBroom was not justified at any
priod after or before the fight that
occurred between the two men; that
at no time was the act the result of
self defense but the effect of cool and
deliberate intention on the part of the
defendant.
He also contended that after the
taunt made by the deceased and he
had turned around to walk away
Horseman pulled the gun in a delib-
crate manner and cody and calmly
taking aim, fired the fatal shot. AS
proof of the contention he maintained
that, the shot which entered the face
of tne deceased on the tight side hear
the hose and below the eye and which
passed through the head and came
out on the back of the Uranium on
the left side was sufficient to convince
the jury that the evidence given that
McBroom had turned around to see
what was going on when he heard the
words Of Hall who cried Don't do
that George, don't do that"
Denies justification.
He also asserted that no man has
the right to take the law into his
own hands when there is court to
settle disputes and which is support
ed by the tax payers of the county.
In this special case when the matter
was merely a fight between men in
which the natural weapons given
them by nature were used. and
ease especially in which justice could
be obtained in the courts. there was
not the slightest occasion to justify
him in the commission of the most
ltrocious crime that comes under the
of the law.
In his argument Attorney Lowell
'alled attention to the time of day
md told the jury to particularly OBJ
erve the time that elapsed between
he fight and to note the length that
ccurred between the two incidents.
Ie also measured the distance-1S
principals were standing
part at the time of the fatal shot
'as fired and asked if there was any
eason for the plea of self defense
t that distance.
Mr.. Lowell claimed that the deed
-as premeditated and that all the
me he was waiting for an opportu-
ity to commit the deed, and cited in
ences to show that enmity existed
| his heart toward McBroom who
as only hot tempered boy, who had
cted impulsively as young men are
pit to do that the vile epithets
hich the men used had fitted the
ngue of the defendant on the wit
ass stand and that in all he was
an, cold blooded and merciless, who
Id waited for the opportunity to
Ike the life of his enemy.
Col. Raley Replies.
Colonel Raley then took HIS po-
ion in front of the jury and re-
ted the statements of the prosecu-
IN, showing by the testimony of the
illnesses that the crime had been
mmitted under the most justify
lie circumstances. He showed that
cording to previous incidents which
r come up between them that
,rseman had the greatest reason in
e world TO fear that he was in dam
r of being again attacked and that
all times he was in danger of hav-
: his life even taken from him.
torney Raley went back to show
2 incidents of the original trouble
1t caused the enmity to exist be-
cen the two men. This was first
! row in regard to a COW and later
a fence which Horseman had ord