Daily capital journal. (Salem, Oregon) 1903-1919, 1915-07-22
OF DURSELL
FINISHED TESTIMONY
THIS AFTERNOON
Defendant Tells Story Of Kill
+, ing In Straightforward
! Manner

The defense in the case of Clarence
o. Bursell, who is on trial charged with
the killing of Charles c. Zimmerman,
finished the taking of testimony at
little after clock this afternoon.
After the testimony of the defendant
himself and of Peter {. Cox, the wit
nesses for the defense touched upon
minor points of the relations of the
two men and their long standing trOu.
BILE which eliminated in the killing Of
Zimmerman.
This morning Mr.. Cox testified as to
the visit of Bursell to his place on the
morning before the shooting and mis-
arrival at the scene of the shooting i'm
mediately after it had taken place, He
said that it was common custom in
that neighborhood to carry 90 rifles
to kill squirrels and gophers and that
nothing was thought Of it. He said
several of his neighbors carried small
rifles to and from their work and that
nearly all of the boys in the neighb0r-
hood had % rifles Mr.. Cox said he
had been asked by Bursell to go down
to the Zimmerman house and to observe
the wagon tracks in front OF the house
and see if they were close TO the fence.
Bursell testified that Zimmerman ac.
cused him Of driving so close to the
wire fence that the whiffletrees injur
ed the wire fence.
Donald Bowen and Wava bowen, his
sister, testified that Zimmerman told
them last December thst he took his
rifle and lay in wain behind his barn
for Bursell and that if Bursell had left
his house would have shot and killed
him. Almost all of the testimony Of
the defense was along the lines of the
old quarrel between the two men and
indicated that Zimmerman was Of a
noisy and quarrelsOme disposition and
was not ON speaking terms vita num-
Der of his neighbors.
After the defense completed its testi.
mony this afternoon District Attorney
Ringo called Mrs. Zimmerman, Mable
Zimmerman, Sheriff Esch and Frank
Bowen in rebuttal
The defendant, Clarence o. Bursell,
was placed ON the stand in his own
behalf among the first witnesses for the
defense after the state rested its case
at about o clock yesterday afternoon.
Bursell stated that ne was 4S years OF
age, which was a surprise TO most Of
the spectators who jammed the court
room to the doors, as Bursell looks TO
be a much yHnger man. He said he
had lived most Of his life in Polk and
Marion counties, and had a wife and
two children, the last Of which was
born after he had been confined in the
county Jail He nad known the de.
ceased for about 20 years, but had had
no trouble with him until about two
years ago in harvest.
We were thrashing on the Hnbs
place, said Bursell "wben ! was
hauling bundles and Zimmerman was my
pitcher in the afternoon. | asked him
about some scandalous stories he had
been spreading about me and he denied
il. The lie was passed and he began
cursing me. He invited me down off
Of my load 10 settle the matter, but ]
told aim ! did not fight. | was afraid
Of him. He then threw his pitchforlS
at me and il stayed u my load until
! went 10 the machine and put il down.
That night he attempted to stop me
in the road and had his boy ride his
horse ahead of me IN the road 80 that
! could not pass in the narrow lane -
q" Bursell recounted several incidents
wncre Zimmerman lcered at him and
threatened TO get him. Once he
said he met Zimmerman ia the road
and Zimmerman was carrying a shot.
gun. Bursell had 20 rifle in the rig