East Oregonian : E.O. (Pendleton, OR) 1888-current, 1915-02-03
WORK OF DRAWING BURKE
JURY PROGRESSES SLOWLY
TRIAL OF YOUNG INDIAN IN
SHOOTING CASE GETS
UNDER WAY.

TIL trial of Richard Burke. the
young Indian charged with second de-
gree murder in connection with the
death of Ed Kirkpatrick. prominent
reservation farmer, several weeks
ago, was commenced this morning.
The work of selecting the jury is pro-
crossing slowly and II Is apparent
that the entire day will be required
before twelve men, satisfactory to
both state and defense, have been
secured.
When the trial was called there
were but 13 jurors out OF the origi-
nal panel of 81 who were available.
Seven had been selected for the
grand jury. two or three had never
been required to report and others
had been excused from further duty.
OF the 13 only seven were passed for
cause and an additional panel OF ~
were summoned for this afternoon.
1t may be necessary to draw yet an.
other special panel before the jury is
picked.
The seven men passed for cause
by both sides are ]. A. Bagwell, o.
X. Goodman. ]. d. Bramwell. ]. A.
King, C. G. Brownell, w. p. Little
john and E. C. Anibal. The six dis
missed for cause were ]. M. Wyrick.
Nesmith Ankeny, T. B. Gurdane, w.
T. Reeves, j. o. Mccoy and Marion
Hansell.
Even after the jury box has been
filled with men not excused for
cause, the whole number may be re-
fused through the exercise of the per-
emptory challenge. In ordinary
cases the state has three peremptory
challenges and the defense six but
in cases where the penalty may be
life Imprisonment the state has six
and the defense ~ so that between
them they. may dismiss IS jurors
without any cause.
The attorneys for the defense, VIII
NJ. Peterson and Roy Raley, are con.
Quoting a thorough examination Of
each Juror called and District Attor-
ney Steiwer Is also subjectlng them
to close questioning. Thus the jurors
are called upon to state whether they
have any prejudice against the In
dians, whether they knew Ed Kirk
patrick or were associated with him
in anyway, their attitude toward the
question OF self-defense and to an
swer numberless other questions tend
ing to show their qualifications to
judge the case solely upon the evil
dence and the courts instructions.
Burke TO Plead self Defense.
From the questions asked by the
attorneys for the defense, 1t is lndl-
Gated pretty strongly that the young
Indian will plead self defense in In
flicting the gunshot wound from
which Kirkpatrick died. And II is
also more or less apparent, from the
questions of the state. that any claim
which the defense will make for JUS
tification of the act on the grounds
against the defendant will be vigor
ously opposed. 'In the event that
the court instructs you that the mere
anticipation of a beating from the
fists is not grounds for taking hui
man life, could you return a verdict
in accordance with the lnstructions?"
is one of the questions put by District
Attorney Steiwer to the jurors.
Burke is alleged to have shot
Kirkpatrick in the leg with a revol-
yer early one Sunday morning dur
ing a quarrel at the ranch of the lat
ter's brother-in-law where a dance
was in progress. 1t Is said that Burke
drove Billy Clifford and another girl
to the dance to which they were not
bidden and that the quarrel resulted
from the expulsion Of the Clifford
woman. Burke was drunk, 1t is
said, when he fired the shot which
caused the death of Mr.. Kirkpatrick.
The young Indian was arrested at
that time on a charge OF assault with
a deadly weapon and was released
on bonds. Upon the death OF Mr.
however he was again
taken into custody and he has been
in jail ever since.
Just back of him in the court sits
his father, Poker Jim, and his moth
or. The court room has been we'll
filled all day but there are very few
Indians in attendance.
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