Daily capital journal. (Salem, Oregon) 1903-1919, 1910-01-05

llen, IN DfleI, out COIuplel6 man
ner, reviewed the evidence produced |
by the state, and after thorough |
analyZation of the testimony pro-
duced by the defense contended that
the defendant was guilty of the crime
as charged in the indictment, and
that it was the Jury's duty so to find.
Self-Defense Says Carson.
The district attorney was followed
by Attorney Carson, of counsel for
the defendant, and he made an ear
nest and effective plea for his client.
The state, he contended, had pro-
duced no evidence to show that the
crime was premeditated, and had
failed to make out case. Bckhart
he contended. had no right, under
the law of the land to Arrest Meyers;
he had committed no crime, and the
procedure was unwaranted, and then
followed a learned discourse on the
rights of private citizens-their right
to liberty-and he maintained that
in this case the defendants act OF
resistance was that of self-defense,
that he had a right to so resist when
un awfully arrested, even to the TAX
ing of human life.
Darcy Makes Powerful Plea,
Attorney Darcy followed Carson,
and made q powerful and eloquent
plea for the defense. He attacked the
evidence of the state-pronounced
| it weak and considered it did not sup
port the charge In the inictment and
then marshaling the facts entering
into the testimony of the defense,
concluded its cause with an eloquent
! plea to the jury to return verdict
| for the defendant Attorney Rich
ardson, the other attorney for the de-
fendant, made no argument, but has
been busy in looking after the other
| legal phases of the case-such as
motions and in preparing the instr1c-
tions, which the defense asked the
court to give the jury.
The argument for the state was
closed by District Attorney McNary.
Testimony of Yesterday.
The first witness to testify for the
state was Arthur Meyers, a brother
of the defendant. His evidence was
in brief that on October 1.-The day
of the alleged murder, he occupied
a room over the Zinn confectionery
store, and that on the night preced-
ing the ragedy-about IL o'clock
lie found George Meyers in his
|
said the witness, and his feet were
resting on some customs which had
been presented to me by my mother
and | asked him to take his feet
down. Words were exchanged be-
tween them, he said, and he de-
clined to comply with his request,
and he went in search of an officer.
He stated he was successful in find
| Inn UNalr INT hn ms II
him to the room. George was as
leep when they arrived and Eckhart
sad to him testified the witness
Arthur wants you out of his room
and you had better come with me, -
and added, he said "by the way I
have orders to arrest you on sight"
George, he testified. replied, "al-
right" and got his coat and started
out with the officer. On cross ex-
animation he admitted to Attorney
Carson that the defendant had Il
right to be in the room. That was
in substance the evidence of Meyers.
Five Men Heard Shots.
Peter Graber, of the fire. depart
ment, was the second witness. He
testified that he was asleep in the
rooms over the central fire station
that he was awakened from his slum-
bers by the first shot His bed was
near by the window, he said, and on
looking out he saw a man fire two
more shots and then turn and run
across the street, finally disappear
ing in the alley between Liberty and
High streets.
Levitt Miller, another member Of
the fire department, testified that
he was awakened by the shots and
that he heard two shots fired. At
torney Carson called his attention to
the fact that at the coroner's inquest
he said he heard but one shot, and
the witness said that If he made that
statement at that time he could not
understand how he had done so.
The evidence OF VIM Ivan, another
member of the fire department, was
In corroboration of the first named
! TWO, and he was followed on the
stand by city Recorder Moores. who
! testified that Eckhart was a member
! Of the night police force.
| Shedffs Testimony.
! Sheriff Minto was then called IN
the stand and the weapon used by
the defendant (the automatic reyol-
yer) was produced I'm evidence. sher-
iff Minto related how he discovered
the revolver I'm the Larden barn
wrapped up In a gunny sack and
concealed in the grain in the granary
or the barn, and stated that It was
found just In the place where Mey-
ers advised him it could be found.
ne then told the jury OF the defend
ants story to his OF his wanderings
throughout the country during the
time he was a fugitive from iustice
Anderson Gives Evidence.
- l.. Anderson, the chauffeur
whom Sheriff Minto employed TO
make two trips to Silver Falls coun-
try at the time that the Officers were
securing the country for the defend
ant was the next witness. His evil
uehce was 10 the effect that on one
occasion Meyers threw his revolver
down In the geaf of tho auto,,,,hftS