The Glenwood post., 1912-08-24

lminary examination. In both in
stances he denied that he struck Rob
erts or that he threatened him, but that
he tried to get Roberts to accompany
him to the house where he would pay
hm if he owed him anything.
After considering all the evidence
the Jury returned the following
VERDICT
We, the coroner S jury, find from the
evidence that in our opinion Robert
Roberts came to his death from drown
ing, the cause of which is unknown t,
MS. and we, in our opinion as jurors
and from all evidence of the witnesses
cxouerate Robert Freeman from any IN
tent to commit murder on Robert Rob
erts
Less than two hours after this verdic,
was rendered the preliminary hearing
was started in Justice Whites court.
John ID. Fillmore represented the dis
irict attorney, while Judge Beardslev
appeared in defense of Freeman as
they had done at the coroner's inquest
DIR. Hopkins, the county coroner, wa
the first witness examined. He told
Of the postmortum examination con
Quoted by himself and Dr. Crook on the
body of Roberts. He found no cut on
the neck, but described two cuts or con
tusons on the head; thought they were
not sufficient to cause death; found
heart and lungs filled with water and
blood; contusions might possibly hav.,
been sufficient to have caused tempora-
ry arrangement. Death was due to
strangulatlon or driwning, declared
witness
Dr. Crook was called and he descrb
ed the wounds on the head which he
said were made before death. Found
congestion of the heart, lungs and
pleural cavity which would indicat2
swer to a query by Mr.. Fillmore the
witness sa d the wounds on the head
We're such that they might possibly
have caused temporary mental derange-
ment, even sufficient to have caused
deceased to walk into the river, but
they We're not sufficient in themselves
to have caused death.
Charles f. Heustel saw the fight;
heard Freeman say to Roberts, "You
d black s. b, l II kill you. -
Saw Freeman catch Roberts, throw him
to the ground and pound him on the
face or head. When Roberts got up
Freeman struck him again and thea
pushed him over. Roberts was dow,
on his hands and knees when freeman
pushed him over the bank head first.
John Thome testified that week OF
tn days before the kinlling Freeman in
speaking of Roberts said that he had
had trouble with Roberts and that Il
he ever came up there again he would
kill him.
Bruce keller, the youngest witness
of ALL told very straightforward
story and described in detail as he had
before the coroner 5 jury the fight and
the way Roberts walked out into the
river and went down to his death
w. Z. Hughes saw Freeman chasing
Roberts and later saw the latter in the
river, but did not see him 90 in
thought he was swimming; saw hinr
iloat down and sink; went up to where
the men had been fighting and saw q
Notch of blood on big rock bv the
roadside. Freeman came down ne.r
the river and inquired for Roberts aud
witness told him if he wanted to find
him he had better search the bottom of
the river
AT the close of the states testimon,
Judge Beardsley moved for the prison.
or $ discharge because the people hai
ialled to connect the prisoner with the
death of Robert Roberts. He said tbs,
mad absolutely failed to bring out evr.
iehee to warrant charge of murder.
IL there was any charge that could DOS.
Sibly be sustained he said it was tb,
charge of manslaughter. The court
oVerruled the motion and called for the
testimony of the defense,
The prisoner, Robert Freeman, was
then put on the stand in his own behalf
lie is 3s years old and has worked n,
'ne lrumbor ranch ranch about sixteen
months; had known Roberts about nine
months. On the morning of August IL
mad met deceased on the road inst
beyond Cascade bridge. "I said
Well, Bob, which way are you goinp,,
and he said, i am going up TO see Won
Mr. Trumbor said for you to come down
a frut+