Daily capital journal. (Salem, Oregon) 1903-1919, 1911-05-12
CASE WILL
GO TO JURY
BY NIGHT
DIETZ MAKES A STRONG ARGU-
MENT IN HIS DEFENSE AND
CLAIMS HE THOUGHT OFF,
GERS WERE LUMBERMEN'S
GUERILLAS.
UNITED PRESS LE.sED WIRE. ]

Hayward, Wis, May 12.-Declara-
tion that he honestly believed Oscar
Harp, the deputy sheriff for whose
murder he, his wife and his son Les
lie, are on trial here, was killed ac-
cidentally, was made today by John
F. Dietz. defender of Cameron dam,"
in an address to the jury after Dis
trict Attorney Williams had closed
for the prosecution.
Williams speech was a review of
the case for the state Dietz fol-
lowed denounsing the lumber trust
and his other enemies and declaring
that it was his duty to defend his
family against all attacks.
II honestly believe" said Dietz,
that Harp was accidentally killed.
No deputy among those present at
the battle admitted the killing, but
not one declared that they had not
| fired in the direction of where Harp
was concealed"
Dietz charged that most of the wit
nesses for the state were perjurers.
He then suddenly veered to his re-
quest for a change of venue, declar-
ing that Colonel Munson and Attor-
ney-General Gilbert had specifically
promised a change of venue to him
and also the quashing of all indict-
ments against him. Dietz charged
that both, and in fact every one con
nected with the states case, had lied
to him. Raising his voice he
shouted:
I've had no opportunity to resist
the officers of the law. The state
has introduced a lot of blackmail
evidence but you have seen that
have not been permitted to refute it"
During Dietz's address Judge Reid
was frequently compelled to warn
him to confine himself to the evil
dence.
There has never been any reason
for anyone to come to our home"
said Dietz to the juryment "and
crawl in like snake during the six
and a half years warfare with the
lumber company. The state has not
produced a single cartridge which
was found in the Dietz guns after we
surrendered. Why? Because there
was not single cartridge cores
bonding to the bullet which killed
Harp.
In our case the law never made
known its wants except by the bullet
route The officials never tried to
serve warrants. They served bull
let's instead. Do you know why? 1t
was because Sawyer county, Wiscon-
sin, is body and soul in the grip of
the fiendish lumber trust. Another
cause of the trouble has been the
putrid press.
! IF there is any evidence to con-
meet me with the murder of Harp. I
want to pay the penalty. ask no
favors from the jury and l don't
want any-I want only justice.
IF had killed Harp, | would have
come before the court like man and
admitted it. l would have claimed
that | had right to kill him in de-
tending my family and my home
against invasion. 1t is the Gods
truth that we believed that that ia
tai battle was simply another inva-
sion in the lumber companys guer-
rilla war"
Dietz concluded his address to the
Jury at 2 o'clock this afternoon. In
his closing periods he showed that
Harp, If he had been shot from the
Dietz cabin, must have been hit in
the head and not in the mouth, as he
was. Dietz got down on his hands
and knees in the court room and il
Illustrated how Harp lay. The jury
was plainly impressed by the exposi-
ton.