The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1911-03-15
STATES CASE
IS RESTED
Proceeding Attorney Ward Ex-
amines Last Witness Monday
and Defense Opens
DEFENSE WILL CLAIM
SHOOTING ACCIDENTAL
Line of Testimony Outlined in
Opening Address by Frank
Luce, of Counsel for the De-
fense-Witnesses Examined


winkleman. charged with the muir
der of John Meeboer, after hearing
s. G Matthews. the only eye witness
of the shooting, give his testimony.
and calling on Peter Meeboer, broth
er of the dead man, to tell of his dead
brothers age, size and weight. Mat
thews made a good witness for the
state, telling his story of the meeting
of Bowinkleman and John Meeboer.
their exchange of words and blows
the fatal shooting with all it's at
tendant incidents and finally the in
quest. Throughout, his testimony
parently convincing to the jury,
which listened attentively. Mr.
Matthews was on the stand most of
the day and after Prosecuting Attor-
ney Ward had led him through the
story from beginning to end he was
taken in hand by H. ]. Snively, coun-
sci for the defense, who cross exam
ined the witness at some length, but
utterly failed to make him deviate in
any way from his recital of the facts
as he knew them.
Matthews Story
The story told by Mr.. Matthews
was the same given at the coroner's
inquest and printed in the Herald on
that occasion. He told of the open
ing of the quarrel at the springs
which he (Matthews) tried to stop,
and when Meeboer walked toward his
wagon, Bowinkleman ran back to his
wagon and secured a rifle, turning
toward Meeboer and advancing. In
spite of Matthews entreaties, the de-
PENDANT continued to advance on Nee
boer. The witness then grasped the
rifle, which Bowinkleman pulled
away with some force and again
brought it into position. Meeboer.
the witness said, stepped forward
with his hands in front Of him and
when within three feet Of him. b.
winkleman fred the fatal shot. As
he fell Meeboer grasped the rife
with both hands, dying soon after.
Never at any time prior to the
loading of Meeboer's body into the
wagon, in which he was conveyed to
his home. did he (Matthews) observe
that Meeboer was carrying a revolver
Soon, Bowinkleman. after he said he
was sorry and announced his inten.
ton of going to town to give himself
up, started away his wagon, but
turned and called: "Matthe VS.
you're a witness to this. and you
know I did it in self defeuse.''
Matthews was asked if Bowinkle-
man had any conversation with him
after the inquest at the Meebcer
house and he replied that he had;
that Bowinkleman had told him his
testimony at the inquest was straight
and all right.
Cross Examination by Snively
On the cross exam nation, con-
Quoted by Mr.. Snively, counsel for
Bowinkleman, Matthews was asked
as to the location of various persons
and objects at the spring at the time
of the shooting, 1t was also brought
out that when Bowinl;ieluan went to
his wagon Matthews had told him
he would not let John hunt him: that
the two men were not winded py
their sparring, and sad not a wor.,
after their first encounter. Attorne,
was the aggreSsor and Matthews
answered that he was, "as far as
words were concerned" The state
interposed an objection to this uues-
ton, which, however, was answered
before the objection was heard, and
then counsel for defense moved t,
have stricken from the record the last
part of the answer, which the court
denied. An exception by the defense
was noted here.
Witness was asked if he had gone
over the testimoney with Prosecuting
Attorney Ward and he. replied that
he had not, but further questioning
brought out the fact that Matthews
had had two or three talks with the
states attorney over the case.
State Closes Case
Peter Meeboer was recalled and
asked as to the weight and height of
his brother John. He said John
weighed about 164 pounds and was
p years old. Compared with his
brother Carrot, who was called up to
the bar and who was of slight build,
Peter said John was about his size.
With the testimony of c. White, who
was recalled, and whose testimony
brought out nothing new, the state
rested its case. 1t was during his
cross-eXamination that objection was
made by the state, and sustained, and
the jury was sent from the room to
enable the counsel to pass the Ques-
tons in review before the court On
the objection of the state being sus-
tanned, counsel for the defense noted
another exception.
Luse Outlines Defense
After a recess, Attorney Frank
Luse, of counsel for the defense,
made the opening address to the
jury, outlining in brief the case to
be presented by them. Mr.. Luse
stated that they would show that the
shooting was an accident; that Nee
boer had attacked Bowinkleman and
had followed him to the wagon; b.
winkleman had stood him off and had
secured the gun, which was fired &C.
cidentally while the three men. Bo-
winkleman, Matthews and Meeboer
had hold of the weapon.
The first witness placed on the
stand by the defense was William
Dozier, who resided at Black Rock,
January 10, 1911. He knew John
Meeboer and went to the spring the