Daily capital journal. (Salem, Oregon) 1903-1919, 1914-07-30
CARROLL ON TRIAL
FOR THIRD time
Man Accused OF Shooting John Collar,
City Marshal of Gervais, Faces the
Jury Again Today.

The jury and the court dignitaries in
the Carroll case, which is on trial for
the third time, went to Gervais today
to gain some first-hand knowledge of
the location of the historic spots in
connection with the shooting of Mar
shall John Collar. The court was ad-
journed at 1870 to take the Southern
Pacific train for tho city of Gervais,
and court will be resumed at 1880 whom
they return. 1t is likely that night
session will be held so that all of the
evidence and examination of witnesses
may be completed this evening,
The forenoon was taken up with the
examination of witnesses for the state,
which will probably rest at about 6
o. clock. Most of the evidence taken
today has been told in former trials
and the testimony was largely re-
hash. No new witnesses were intro
duced by the state. The forenoon was
taken up with the Identification of
Roy Carroll as one of the men seen
running from the scene of the shooting
escapade in which Mr., Collar received
his death wound. The clothes worn by
Carroll at tnat time were offered in
evidence as a means of Identification.
The action os the men and direction
of their flight were recounted. The in
cidents about the death of Mr.. Collar
and his dying declaration were told
! again.
collars Mind Was Clear.
Juror Colvin asked the question,
"What was the mental condition of Mr..
Collar at the time he signed this dying
statementf'
DIR. Hickman, who attended the
wounded man some time after the &C.
cident, was recalled to the stand and
answered that during all of the time
that he attended Mr.. Collar the mar
shal s mind was clear and he was en-
tirely rational. There was no reason
from the way the bullet lay in the neck
of the wounded man why his mental
condition should be anything but nor
NAL. DIR. Hickman said, however, that
he was not present when the dying dec
laration was signed Mr.. Helbaek, on
the stand, testified that the marshal s
mind was clear when he signed the
statement.
GNtElII ESCn was tue ldcl WlNuCcS Vh
the stand before the court adjourned
to 90 to Gervais. The sheriff testified
as to the arrest of Carroll when he ap
peared at the Salem police station ask
ing for medical aid for bullet wounC
in his shoulder. He told of the confes
sion of Carroll that he was present a
the shooting at Gervais. Carroll frs
denied that he received the bulle
wound at Gervais, saying that he wa
shot in Portland. When the officer
doubted his story and appealed to hin
!: on behalf of his parents, he said tha
Carroll said:
Carroll Told the Story.
"Well, why should 1 not tell tn
whole thing. am not afraid of tn
truth" Then he said that Carroll re
lated the entire story of the shooting
substantially as he has told it at tn
, two former trials.
The Jury of 12 men for this case wa
selected after an examination of onl
e Is men. Not one of the jurymen e.
Il pressed himself as being opposed
L capital punishment upon being que'
l. toned by the states attorney.
e The following lurymen were selecte
.e and sworn this morning: Louis Weber
r druggist, Aurora; Roy Burton, Salen
accountant; George H. Bell, Submit.
is merchant; A. c. Libby, jefferson, farm
TO er; c. w. Buekner, Salem, retired; We
10 ley Desart, Howell, farmer; D. 5. Liv
W say, WoOdburn, lumberman; James Co
IN win, Aumsville, farmer; c. W. Gillett
K, Woodburn, clerk; Fred L. Scott, Lii
ct erty, farmer; o. S. hatteberg, SoIe
y Silverton, farmer; George W. Brow
NJ Brooks, farmer.