East Oregonian : E.O. (Pendleton, OR) 1888-current, 1915-02-06
BURKE TRIAL
CONTINUED from page So
TMo Argumcnts Yc.terda,

]
torneys could proceed with their ar
guments Col Raley for the defens,
attempted TO have a recess until thi,
morning declared but the court woulc
not hear TO II.
District Attorney Steiwer thereupor
commenced his opening argument and
spoke until $3.50. He confined his ar
gument 60 cold dispasslonate anal
ysis Of the evidence introduced by the
state and the defense. He reviewed
the important points in the testimony
OF practically all OF the witnesses and
declared that, in view of the two very
conflicting stories told OF the shoot.
ing. the jury would be called upon
to Judge which OF the eye witnesses
were telling the truth.
Thereupon, he compared the eve
witnesses which the state produced
and those which had testified for the
defense Ernest Schreckler. Vic
Ehrhart, Jim Rose and John Hoff-
man. all OF whom swore that there
had been no struggle between Kirk
patrick and the Indian, he said could
have no interest in the case except
possibly for their friendship with the
deceased, which friendship. he said,
would hardly induce them to perjure
themselves deliberately.
On the other hand, he said, the
interest OF the defendant was such that
II must be borne in mind in consider
ing the story which he related. A
very strong interest in the defendant
had been shown by Billie Clifford. ne
said. She had been much in his COM
pany during the past year, had had
her picture taken with him. had asked
him to drive her and the Maggert girl
to the Hobby ranch after he had
called upon her at her place of resi-
dence here. had defended him to
kirkpatrick and had intervened to
save him from the wrath OF the men
who had ove-powered him. All this,
he said. showed that there was an
intimacy in their friendship.
AS for the two Indian boys, Isaac
Wax Wax and Wilfrid Minthorn. who
professed to have seen a scuffle, he
declared they were close friends OF
Burke, and, moreover. he called at
tention TO the fact that they had the
shooting taking pace on the opposite
side OF the buggy than any OF the
other eye witnesses did He also
called attention to the contradictory
statements made by WAX Wax rela-
tive to the provocation Of the quarrel
between Burke and Kirkpatrick. Be-
fore the grand jury he told OF having
seen kirkpatrick pull Billie Clifford
from the buggy and slap her. He de-
MED any such occurrence yesterday on
the stand and. when reminded of his
statements before the grand jury, de-
clared he probably did testify thus
before that body
The Maggert girl, too. had impeach-
ed herself he said, by declaring to the
grand jury that she, Billy Clifford and
Burke had been drinking on the road
out to the Hobby ranch and then de.
nying this statement at the trial.
The district attorney attached con-
siderable importance to the testimony
of Mrs. Fred Hobby as giving a mo-
tive for Burke's assault. Mrs. Hob
by. standing in the window of the
house. had seen part OF the fracas and
had heard part OF the conversation
leading up to 1t. She had heard Kirk
patrick call Burke a name and had
heard Burke tell him that he wouldn't
let any man call him such a name.
As for the ownership OF the bottle
OF whiskey which had figured in the
testimony. he declared that neither
the state nor the defense had proved
concluslvely from whence 1t came.
Billy Clifford's story of the scene with
Kirkpatrick behind the house he
branded as false, declaring the wit
ness had a purpose in telling it, know
ing kirkpatrick could never deny it.
Anticipating that the defense would
place a great deal Of emphasis upon
the location and nature OF the wound
as tending to prove their theory that
II had been inflicted during a strug-
gle. he declared that DR.. McNary had
testified that it was not unusual for
a bullet to be DETECTED from it's course
by a tendon or llgament. The point
of the bullets entrance he explained
by stating that the evidence OF eye
witnesses had shown that Kirkpatrick
was in the act OF turning to face Burke
when the bullet was fired.
Col. RaIey Makes Plea.
At 80 Col ]. II. Raley began the
opening argument for the defense and
spoke a little mort than an hour. His
address to the jury was a striking
ney. Whereas the latter was calm
and dispassionate. Col. Raley at times
grew passionately eloquent, injecting
pathos, strong emotion, vehement de-
claration and bitter invectlve into his
argument. In contrast, too, to the
into the evidence in detail but con-
tented himself with discussing it gen.
orally and laying great stress upon
several particular points. OF the
strongest points in the defense he
made the most and his reputation as
a criminal lawyer suffered no whit
by his speech last evening.
Like the district attorney he admit
ted that some Of the witnesses had
sworn falsely and declared the jury
would have to be the Judge as to who
had told the truth. He defended the
Of the defense's witnesses
against the attacks which the prose-
cutor had made upon them and made
a counter attack upon the witnesses
Of the state.