The evening herald. (Klamath Falls, Or.) 1906-1942, 1912-04-24

maybe there we're enough OF 10 tAer
20 We could put him In the wasol
and take him away"
Asked BY Juror Kenyon to illus
trate Just how the Indian lay ON Oh,
sround Hale lay ON the door. Wit,
bis left arm crooked up close to hii
slde. his left shoulder Dat on Ii,
coor. while with his right hand b,
g-ipped the policeman's mace ant
held Il up In q thrsatsnins manner
which lifted his rieht shoulder from
the carpet.
| Attorney Oneill wanted to ask Il
THE witness thought walker could
have got away. but the district At.
torney objected to this. saying tha,
Il was calling for an opinion. and
was to rest with the jury. The dis
trict attorney left II with the coroner
to say whether the question should
be asked, and after some discussion,
PRO and con. Mr.. Onelli did not press
the question. District Attorney Kuy.
Kendall said that Walker was An ON.
GER. and did not have to retreat. but
that his business Was to advance.
From the description verbally Civ.
en- BY Hale Of the attitudes Of the two
IL rincipais In the fatal night Walker
was nve or six feet away from the In.
dian when the shot was fred.
Wallace Thompson followed Hale
on the stand. II drove up In q was-
on and sat in II Watching" said he.
II saw Walker separate two Indians
then one Indian went down on his
back. He kept turning while lyins
there. and would not let walkee oet
at his head. Pretty sooa walksr GOT
him up. Thea walker sssosd to
partly tall. TIE lo1iaA haa eot the
'o0esrS club and hit Nm q the head.
I dsa't knev how many times. but
couIA h9Af the popping. Then the In.
dian fen down after running back.
Walker got up from where he. too.
had fallen. and turned around. I did
not see any tripping. The Indian was
on his back. or down. at least. and
Walker stood up A. the shot was
fred"
Wright Davis. night watchman for
the stranse-Masuire company steam
roller. said the Indians quarrel
wakened him from his sleep In his
tent. which is across Sixth street and
a little distance back Of the street.
Davis said he stood on a box In
front OF his tent. and when he looked
he saw that the two Indians had sep.
arated. after which Smith got on top
OF Ben Wright. Then Walker. with
another man. got hold OF Smith and
started with him. He saw Walker
sink to the ground and the Indian hit
him over the head. Walker got up
and walked probably fifteen or twen.
ty feet with the Indian when nrst the
women went up. then the men went
up and Walker waved them back.
The club was taken from the Indian
after he was shot. Davis said.
Mrs. Wright Davis testified that
the Indian was kind Of down" when
the shot Was fred.
DR.. Roy r. Hamilton told how DR..
Leo w. Chiffon and he went to the
scene Of the killing In z. N. Chiicote's
automobile and took Walker In the
car to their once. after DR.. Hamilton
had felt the indians pulse and found
him dead. Walker had . bad scalp
wound over the left ear. probably
half an inch. and very deep. which
the physicians had thought was done
with q knife. But he had been a.
sured that only . club was used. and
said maybe the sharp edge OF the
club did II. Walkers left wrist was
badly bruised. apparently from .
blow across II. The chief complained
Of pain over his shoulder. His left
leg was bruised from ankle TO hip.
nnd he complained Of q blow over bis
right arm. which the physicians did
not examine. The doctor said Wal.
ker appeared dassd. was highly nerv-
Gus, and Il was hard to get anything
out of him.
The witness told OF the autopsy
performed by DR.. Chiffon and himself
on the dead Indian which revealed
the course Of the bullet a. related
above. The bullet came out unscath.
ed. At this point the hearing was id. !
tourned until I:30 at the court
house. when J. II. Brown. who lives
on White avenue. Mills addition. took |
the stand. He was on his way homo |
In bis buggy when he heard the In. |
dians In . squabble and turned back |
10 Chief Walkers house. which he
had Just seen the chief enter TO get |
his dinner.
II did not 70 In the house, but hol- |