East Oregonian : E.O. (Pendleton, OR) 1888-current, 1909-07-23

Engaging in fistic encounter ir
the county court room this morning
Judge James A. Fee representing the
contesting heirs, and Attorney d. w
Bailey, representing Mrs. Mabe
Warner enlivened the hearing of the
Warner Young will contest hearing
The combatants were finally separat-
ed by clients. witnesses and the sher.
if, who had been called to the scene
by the uproar. Not much blood was
shed, but copious quantities of ink
were scattered about the court room
one dress being ruined and a couple
OF coats badly damaged
The trouble occurred at the COM
mencement of the mornings session
of the court. A dispute had arisen
over the question of allowing two
handwriting experts, Prof w. w.
Williams of Portland and Prof II. c.
Blair of Spokane, 10 remain in the
court room during the progress OF the
trial. Blair had had little opportu-
nifty to examine the documents in dis
pute and Judge Fee asked that he be
allowed to make his examinations In
the court room while the other wit
pesses We're testifylng. Bailey object
ed 10 this because all other witnesses
had been excluded from the court
room. whereupon Fee declared that
Bailey was not in a position to OBJ
ject since one of the documents had
been tampered with while the Mrs.
Warner people had it from the court
room.
"That is not So" declared Bailey.
you are liar" answered Judge
Fee.
You are a dam liar" was Bailey's
retort.
And then the fight was on Fee
dashed across the room and rushed
his opponent off his feet, forcing him
down onto a bench and then onto
the floor before he could be pulled
off by others in the room. AS the
two combatants went back to their
respective places they kept up YER
bal battle which soon became so
warm that Bailey picked up a heavy
glass ink well and hurled It across
the room at his antagonist. The mis-
sic went wild, but both Fee and Dis
trict Attorney Phelps received por-
tions of the contents of the WELL Fee
getting the most of it on his coat
sleeve.
At this Fee again charged across
the room and despite the fact that |
Mrs. Warner sought TO protect her at
torney by hanging on to Fees coat !
tail and that Prof w. w. Williams of |
Portland was making a scared effort |
the judge was again rushing his op- |
ponent into the corner when Deputy |
Wilson rushed in, pulled Fee off and
led him from the court room until
the too belligerents had cooled down
sufficiently to permit of the resump-
tion of the hearing.
Judge Gililand is evidently lover
of a good scrap, for he seemed to be
the only one in the room who retain
ed his composure and sat unmoved
the progress of the rough
and tumble. When it was over he
mildly suggested that 1t might be we'll
to postpone a further hearing until
1 80, but both attorneys insisted that
the case proceed and such was done.
Neither of the principals in the
fracas was severely injured though
minor injuries were received. Mrs.
Warner was probably the chief suf-
ferer, for in her efforts to hold Fee,
most of the ink which had originally
lodged on his sleeve was transferred
to her white waist.
At one stage of the proceedings
Bailey made an effort to grab from
its fastening an historic sabre which
was hanging on the wall This is an
old cavalry sabre which is said to
have done service in the civil war
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