The gazette-times. [volume] (Heppner, Or.) 1912-1925, 1914-09-24
EARHART KILLED
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some men Quarreling, but he could
Mt say for sure just where the quar-
reling was taking place. A little
while after that he heard three shots,
one shot, a lull and then two shots
in rapid succession.
NJ. L. Case, the undertaken was
called to testify He said that he
removed the clothing from Earhart's
dozen cartridges from the trous
which was that of rife ball 1t
entered the right side of the chest,
passed through the heart and came
out just below the shoulder blade.
He testified that he removed about
dozen cartridges fromm the trous-
ers of Earhart. Part of these car
tridges were in one pocket and part
in another. In addition to this there
was considerable silver and curren-
cy. The cartridges he turned over
to Deputy Sheriff McDuffee.
The testimony of Riley Miller, whc
met Earhart shortly before the shoot
ing was considered valuable to the
u6ltuS6. lNliSN lNStAhCu tAdt iiC NoAhS
down from the direction of the Brew
cry saloon with Earhart and as they
arrived at the corner of Dennis Nc
lNamees, Earhart said, you had bet
ter go the other way; there is going
| to be trouble He testified that he
didn't know whether Earhart had
gun or not.
w. D. Newton testified that he
was coming up the street with an
other party. He was in front of c.
E. Woodson's law Office, when he
heard a shot fired, and then two
| more shots. He did not see one
man strike the other as he fell. He
couldn'e tell where the shots came
from.
DR.. Allison testified that death
was instantaneous, that the wound
ed man could not have lived over
thirty seconds, since the bullet pass
ed through his heart.
The verdict of the coroner's jury
was, that Earhart came to his death
from a pistol bullet from a gun in
the hands of Cason.
Friends Demand Cason's Release.
On Monday auto load after auto
load of lone people, friends Of Wal
ter Cason. came up from the egg
city" to take him back with them.
Under the lead of A. f. Johnson,
lone attorney, Cason's release was
demanded of the sheriff. and as nc
charge had been placed against Ca
| Lo oh boI ,,nthinp RI hold
him for and he was permitted to re-
turn to lone.
Cason Exonerated at Preliminary.
Cason was returned to Heppner
Monday evening by Sheriff Evans
and a preliminary hearing was had
on Tuesday. At this hearing, attor-
neys Knappenberg and Johnson of
lone and C. E. Woodson of Heppner,
appeared for the defendant and the
state was represented by Glenn Y.
Wells, district attorney.
The same witnesses who testified
at the coroner's inquest were called
again and their testimony was much
the same. Walter Cason again took
the stand and told the court of the
trouble he had with EErhart sever
al years ago at lane. when Earhart
drew a gun on him and told him if
he did not see Judge Bean and Pros
ecutor Phelps, and secure his re-
lease from a charge of gambling he
would kill him. Cason had Earhart
sent up on a charge of assault with a
dangerous weapon. This seemed to
~, ort lor Hp
was given a parol by Gov. Chamber
lain and he again went back to lone.
He had previously been engaged in
the saloon business in that town. On
the night of July 3, 1908, he shot
UP the town" of lone, and at that
time several innocent citizens were
wounded. For that act, Earhart was
convicted and returned to the Oregon
state penitentiary. He served out
his term of five years and came to
Heppner last summer. He had been
working around here up to the time
, of the shooting. Cason testified that
he had been warned by friends OF
the threats which Earhart made
against him, and knowing Earhart's
; attitude, he had always avoided
: meeting him. He came to the fair
with his family and had spent the
day with them. In the evening he
saw, by looking through the windo "
of the Rock saloon, Earhart stard-
ing at the bar talking. He watched
| him for several minutes and then
/ went up the street. In the face OF
the threats Earhart had made, he
thought it best to be on the lookout
} He again related what took place on
the corner prior to the shooting, the
shooting, and his turning both guns
over to Marshal McCraw.
: One of the new witnesses intro
{ duced by the state was Mrs. Frank
5 Fine. She testified that she was
. with her husband, on their way tt
the fair grounds. They heard the
{ shooting and she rushed over to the
wounded man as he made his las
: groan. Not one of the witnesses saw
Q this woman at any time.
I Mack Gentry Identifies Gun.
. M. T. Gentry, of the Brewery sa
loon, identified the gun used by Ear
hart last Saturday night. Mr.. Gen
try said the gun had been lying be
hind the bar for some time, and a
J. Earhart had worked around ther'
: more or less, he was acquainted will
the fact. In all probability he tool
: the gun from the saloon the night o
the shooting.
9 Court Room Filled With Applause
6 af;er justice Corne.ls WORDS
8 which were to the effect that h
d thought it was case where self de
a fense was evident; that he did no