Daily capital journal. (Salem, Oregon) 1903-1919, 1912-06-04
is TRYING TO RECALL LEASE
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tiff sought to make recall on the
lease, so to speak, and have It can
celled.
mo complaint against the defen-
dant's operation of the yard came un-
til last fall and we will show by
evidence, and l want to say right
here, not by Chinese evidence, as has
been asserted but evidence by hop
experts, that the yard was run in ac-
cordance with the lease and in a
sRillful manner, We will show by
evidence here that the plaintiff has
harassed and annoyed the defendant
In the operation of the yard. We
will show that he melted the hop
pickers to strike and that this inter-
fered with the hop picking, We will
also show that the plaintiff had a
suit instituted to eject the defendant
but that the case was dismissed and
that he also had one of his employees
arrested and that the case against
him was dismissed.
Attorney Carson then went on to
explain the different charges pre-
ferred against the defendant The
Filns and warehouse had been re-
paired, he declared, in accordance
with the lease and some of the build
ings erected by the defendant Wire
was not used in the hop yard be-
cause the lease had not contemplated
1t as wire was not used when II was
executed Beers, realizing this, had
furnished the wire when It was to be
used and McMahan had failed to do
So The yard was not as well sup
Piled with poles as 1t should be, he
admitted; but this was due to the
fact, he explained, that the plaintiff
had forbidden the defendant to cut
timber from the land to be used as
poles, and the defendant was not to
blame for this condition.
THE plaintiff finds fault with the
ipartistic implements used to culti-
vate the yard" sarcastlcally said
Carson, but we will show that they
were adequate for the work and also
that his cultivation was in accord
ance with the ideas of expert hop
men.
"And then there was the geese, he
continued. 1T is outrageous to think
of Chinaman owning geese and
those geese getting over on the
plaintiffs clover patch, But the evil
dence will explain all the expeditions
of the geese into this patch to the
| lSaNiolaOblOh vi ln6 COuII.
After declaring that he would ex-
plain to the satisfaction of the court
all the allegations made against the
defendant and that he was satisfied
Of verdict in his favor, the attor-
ney for the defense concluded his ar.
gument and the taking Of evidence
was commenced.
Mcmahon was the first witness
placed on the stand this morning, ant
after he had told his story about how
the lease had been violated by Sing
in failing to properly cultivate TIN
yard keep up the buildings, and fencer
and by allowing his hogs and gees
to run wild, Attorney Carson put hin
through grilling cross-examinatlon
Attorney Carson desired to know I
he had found anything In the leas
about geese, and Mcmahon was force,
to admit that he had not, and the fac
that they run at large could not b.
considered as violation of It. H
drew the same admission from hin
with relation to the hogs ard diver
other things, After Carson wa
through with him he had trimmed hi
case down until he had but one lei
left to stand on, and that was the fail
ure to properly cultivate the yard, an,
the attorneys for the defense declar
that when this afternoon they plac
expert witnesses on the stand to testl
, fy on this subject, that this leg will
also be knocked out from under him
The next witness on the stand wa
B. T. Jones, and his evidence wa
weak. J. L. McLeans evidence, tn
next witness, was so weak that tn
attorney for the plaintiff, after a few
minutes examination, let go Of hin
like a hot potato, and the defense di
not even bother with cross-examin
alton.
p. Case was the next witness, and
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