The Oroville weekly gazette. [volume] (Oroville, Wash.) 1905-19??, 1914-06-26

nett's place, and met Mr.. Hart on the
road returning from Oroville. My
ne1ce decided to go back with Mr.
Hart. | got on Mr.. Hart's horse, rode
down to Oroville, met Deputy Sheriff
Carrel told him of the shooting and
gave myself up. Mr.. Carrel secured
a hack and I returned to my home
with the officer.
On cross-eXamination by Mr.. John
ston Mr. Kline told of his relations
with Martmson prior to the day of
the shooting He said his neice came
from Spokane to make her home with
him some three years ago. He had
not seen any of his relatives for years,
and supposed that his neice was mar
ried to Martinson. Was told that Mar
tinson had wronged his neice under
promise of marriage. that they had
lived together, but he had become so
abusive that she feared for her life,
and at last she had come to him for
protection and home. A short time
after his neice had arrived Martinson
came to the house and wanted her to
go to the coast with him. He said if
she would not he would kill her. He
came back to the ranch in December
making threats, and Kline ordered
him away from the premises, and
warned him not to return. Martinson
returned at intervals He tried to
force his way into the house one night
at 10 o'clock, and Kline ordered him
Off. Martinson came to the house last
fall, at which time he threatened
Kline. Kline saw the officers at Oro-
vile and had Martinson arrested
When he robbed the man at Oroville,
for which crime he was arrested and
sentenced recently to the penitentiary
he came to the house and left $50 with
my neice. At the time we both be-
lieved and said he had stolen the
money. One time when Martinson
met Kline on the road he tried to take
a gun from Kline.
| Gertrude Martinson was sworn, and
told the story of her association with
Martinson, and the circumstances
| leading up to the shooting. In the
| main her testimony was as follows:
| have known the deceased for nine
years, and lived with him for some
| time. He became very abusive, and
! was afraid of him. Left him some
three years ago and went to his moth
ers home, near Spokane One night
soon after Martinson came to the
|
take the baby and go back to town
with him. He looked wild and danger
Gus, followed me from room to room,
| ordered me to hurry, demanding mon
ey he had sent me. At last | got away
from him, rushed out doors, told the
chauffeur that l was afraid Martinson
was going to kill me and induced him
to take me to Spokane. I at once
came out here and joined my uncle,
Mr.. Kline. Martinson came to me
here and wanted me to go with him
to Tacoma, saying that he had posi-
| tion and he would make me home.
! ! told him to go and make good and
| would join him. He said he, and my
self, and the baby would lay in one
grave. He called here several times,
| making threats. Last night l was
awakened by the barking of dogs. l
| thought l heard rapping, and that
some one said, Charlie, Charlie"
| Uncle Kline said, Ben is here. l
think some one is with him." Mar
tirson left and uncle said we had bet
ter go to Mr.. Hart's place. We went
over, and uncle told Mr.. Hart he had
| better go to Oroville and tell the
sheriff that Martinson was around his
(kline's) place. About $50 this
morning uncle returned to the house.
About half past o'clock he came
back to Mr.. Harts home and said, 81
have shot him, but I could not help
it." We started for Mr.. Benefits
place and met Mr.. Hart returning
from town on horseback. Uncle took
Mr.. Harts horse and started for Oro-
vile. / returned here from Mr.. Hart's
about 1 o'clock this afternoon. Saw
blood marks on the floor and the
body in the room.
| Ed. Hart testified I first saw
Kline about $3.50 this morning. He
asked me to get my horse, go to
Oroville and tell the sheriff that Ben
Martinson was here. He said that
Martinson had come to his door, but
when he heard Kline put cartridge
into his gun he ran down in the brush.
| went to Oroville and told Deputy
Sheriff Carrel. Returning about 8
o'clock met Kline on the road. He
said he had shot Martins on twice, and
did not know whether he was alive
or dead. He said Martingon had come
to the door while he was getting
breakfast. Gave Kline my horse to
go to Oroville. Kline returned later
in the day with the officer. That is
ali l KNOW ABOUT the case.
| J. w. Carrel, deputy sheriff, testi-
fled as to Kline's giving himself up
in Oroville, saying that he guess he
had shot him, meanilg Martinson
Said he thought he had shot him in
the left shoulder first and right
shoulder with second shot. Kline
told the story of the shooting to me
just as he testified. He came out to
| ,,lo
as viewed by the jury.
After hearing the testimony the
jury retired and brought in a verdict
that the deceased came to his death
on the 18th day of June, 1914, by
means of bullet fired from a rifle
held in the hands of Charles U. Kline,
and we further say, upon our. oaths,
that said Charles U. Kline was justi-
fled in firing said bullet and that he
acted in self-defense in so doing"
The verdict of the jury could hardly
have been other than it was under the
circumstances and considering the
mature of the testimony of the witness
Ises. Mr.. Kline told straight, for
ward story, without hesitation and
with no apparent design to cover up
lanything He is an old and we'll
known resident of the county, is nei-
ther contentious or quarrelsome, and
bears an excellent reputation among
the people who have known him for
years. He fired the fatal shot under
great stress of excitement and provi-
cation. and considering the threats
that had been made by the deceased
had every reason to apprehend great
personal danger. The taking of life
is very serious matter yet there are
circumstances under which killing of
a human bein~ is justifiable. After
hearing the evidence the jury was un-
animous in the opinion that in this in
stance Mr. Kline fired the shots in
the protection of his home and as he