East Oregonian : E.O. (Pendleton, OR) 1888-current, 1915-02-06

tthrought. Upon this point Col R0ley
dwelt To considerable extent declar-
ing IL to be OF the utmost import
anee in the determination OF the case
He also laid emphasis upon the tes'
timony OF the defense that Kirkpat
rick had supplied liquor to Burke
Billie clifford and Grace Maggert
Had it not been for that bottle, this
case would not be in court today,
he said, That liquor was the origin
OF the whole trouble and II was fur
nished by Ed kirkpatrick"
Turning to the district attorney, he
accused him passionately OF bad faith
in not producing the clothes OF Ed
kirkpatrick so that the jury could
Judge whether or not there were pow
der marks upon them and he de-
manded TO know why the clothes had
not been produced. do YOU want an
answer to that question interrupted
the district attorney. you can take
all day tomorrow to make your ans.
wer," retorted the counsel for the de.
fendant.
Last Testimony Taken.
The finish OF the taking OF testi.
mony was a fast one. After Isaac
Wax. Wax and Wllfrid Mlnthorn, In
dian boys who were eye Witnesses,
had testified for the defense. charac.
ter witnesses were placed upon the
stand. Poker Jim, father of the de-
fendant. through an interpreter told
the jury that Richard was good boy
and never drank. Clerk Barbour OF
the agency, Sam Bitner. s. T. Gully
Marion Jack. Frank Curl and A. b.
Cooley, all farmers who have known
the defendant for a number Of years
testified that he had a good reputa-
ton as a quiet and peaceful citizen.
The state did not cross examine any
Of these witnesses.
Rebuttal Witnesses.
The state introduced as rebuttal
witnesses Elmer Crow and VIII Evans,
members of the grand jury which in
dicted Burke, for the purpose Of inn
peaching Isaac Wax Wax. who had
told two stories OF the shooting. Col
Raley in the cross examination OF
Evans called three Indian youths,
Wax Wax. Minthorn and John Thorn
as from the rear OF the court room
and asked the witnesses to designate
the one who had told the story in
question before the grand jury After
a moments hesitation, Evans pointed
out Wax Wax.
Roy Kirkpatrick was called to i'm.
peach Mrs. clifford who had testified
that he was at the buggy at the time
of the shooting. He was in the house
he said. Earl Kirkpatrick was called
to testify that he heard four shots
fired. John Bunch was called to tes-
tify that Billie Clifford and Grace
liquor when they first arrived at the
house. The defense objected to this
testimony as not rebuttal but the
court ruled against the motion Ches-
ter Kirkpatrick was also called to i'm
peach Mrs. Clifford who had testified
that she had asked the boy to get her
horse. The boy declared he was in the
house until after the shooting. Mrs.
Ed kirkpatrick was called to deny
that she had danced in a square dance
with the Clifford woman or had &C.
companied her outdoors as the latter
had testified.
The testimony of Grace Maggert.
that she had been made drunk by
liquor furnished by kirkpatrick was
restored upon motion and the state al
lowed to cross examine her. He ask
ed her whether or not she and her
companions had had anything to
drink on the road out. She answered
negatively whereupon the district at.
torney demanded to know whether or
not she had not testified to the grand
jury that they had emptied a flask
and thrown 1t from the buggy. At first
she denied 1t and then stated she
might have testified to such a state
ment.