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

go in," "and then" said the witness,
II saw him reach for his hip pocket,
and l shot him"
Didn't Know Shot Three Times.
You can remember firing the first
shot, but you were unconscious when
the other two were fired?" was the
first of a series of rapid fire questions
pronounded to the witness on cross
examination by District Attorney Nc
Nary. The witness denied being un-
conscious, but maintained that he did
not know at the time that he fired
three times, and did not realize it.
until after examining the cham
bers of his automatic revolver.
After a number or other questions,
the district attorney picked up the
dying declaration made by Eckhart.
and referred to that portion of it
where Eckhart states that the wit
ness, upon calling his attention to
the window of the jail by saying
there was some one in it, and then
shot, saying take that, you -
-" and asked him If that was true
| The witness declared that it was not.
That in substance covered the evil
dence of Meyers.
Sheriff Explains Revolver.
| Sheriff Minto was called to the
witness stand by the defense for the
purpose of showing that no warrant
! had been issued for the arrest OF
! Meyers, and also to explain the OPP
| Grafton of the automatic revolver
used by Meyers. The first fact was
admitted by the state, and the sheriff
then explained the operation of the
revolver, the purpose evidently being
! to show that it was an easy matter
to have it continue discharging after
the firing of the first shot without
! the intention of the person manipu-
lating it at the time to have 1t do so.
| District Attorney McNary, on cross
examination, brought out the fact
that the trigger must be released
each time-"that the gun must be
pulled off, as he termed 1t.
Chief of Police Gibson followed
the sheriff His evidence was for
the purpose of showing that Eek
hart was a large and powerful man.
He testified that he was a man about
six feet tall, and that he weighed ap-
proximately 200 pounds.
Good Character, Said DIR. Cusick.
Then followed a line Of character
witnesses, of which DR.. Cusick was
| the first, for the defendant. DR..
Cusick testified that he had known
the defendant for a number of years,
] and that his reputation as a law
+ abiding citizen was good. District
Attorney McNary asked him If he
was acquainted with the associates of
! Meyers, and he admitted that he was
not.
Others Testify fOl' Defendant.
! F. N. Derby was the next character
witness. He said he had known the
defendant for 20 years, and that
his character as a law-ablding citi-
zen was good. The district attorney
propounded the same question as to
whether he knew his associates, and
he said he did not, and also stated
that he had never known the defend
ant TO have been In any difficulty at
any prior time, when the district at
| torney asked him If he did not know
that at one time he had forged a note
on the bank at WOODBURY.
f. N. Skaife followed, and he also
testified that his character as law
abiding citizen was good; and SO
did A. l.. Frazier.
Bad Temper Said Linn.
James r. Linn, a hop dealer, was
the next witness, and was called for
the purpose of showing that Eckhart
was irritable, and had a bad temper
He testified that the officer had
bad temper. The district attorney
brought out the fact that Linn had
been arrested by Eckhart for violating
the ordinance with relation to auto
mobiles.
r. X. Page, manager OF the Port
land Railway. Light g. Power Com.
pany, was called TO the stand for the
same purpose. He testified that
Eckhart had been an employe of
the company, and, while he hesltated
In pronouncing HIS temper bad, was
inclined TO regard him as obstinate
ard stubborn. This closed the evil
dence for the defense, and the argu
ments were proceeded with.
MeNaFy Makes FOrcefuI Argument.
District Attorney McNary made
the opening argument for the state.
He began with a brief review OF the
facts entering into his opening state
ment when the trial was commenced,