Daily capital journal. (Salem, Oregon) 1903-1919, 1916-07-27
IN JEANS
CASE ABOUT ALL IN
Hunsaker Admits Belliger-
ency and Jeans Claims
Self Defense

Ihat ROBERT HunSaker was severely
injured by some person or persons in
the fight at Turner on the first day of
last April was made clear to the jury
in the case of the State VS.. Lee Jeans,
which was brought up for hearing be-
fore Judge Kelly in department No. of
the circuit court yesterday. Acting un-
der instructions from the district at
torney, Hunsaker barred his body to the
jury, disclosing four sears from wounds
inflicted during that eventful night,
two i'll the abdomen, one in the back
near the shoulder and one on the hip.
Work of securing jury for the trial
was completed at noon yesterday. 1t
proved to be long process, many of
the veniremen having formed opinions
in the case, and it was not until after
noon that the first witness was put on
the stand by the state.
The jury is composed of he follow
ing: j. I. Cooper, salesman, Salem; J.
H. Dunlap, fruit dryer, Salem; W. T.
Grimm, farmer, Aurora; j. w. Gainard
real estate dealer, Salem; George Lef-
fler, farmer, Aurora; f.. C. May, farmer,
Mt. Angel; Sim Phillips, insurance
agent, Salem; p. Springer, real estate
dealer, Salem; f. w. Stubbs, real es.
tate dealer, Salem; G. w. Hobson, mer.
chant Salem; W. B. Gibson, barber, Sa.
lem; George Swegle, farmer, Salem.
Attorneys for the state are District
Attorney Ringo and Thomas Brown
The defense is represented by Attor.
neys Roy Shields and John II. McNary
Six Witnesses Yesterday.
The case is attracting general inter
est owing to the wide publicity given
the events that transpired at Turner
during the street carnival given un
der the auspices of the band of that
town in April, and the seats in tine
court room are filled with spectators
most of them acquaintance of the par
ties concerned in the action.
Following District Attorney Ringo I
preliminary statement of the eircum
stances attending the fights which oc
Cured in Turner on the first of April
Attorney Shields of the defense stated
that factionel trouble is said to hav,
existed in Turner since the installation
of the towns present water system. H,
mentioned also the election contest. II,
ferring to the circumstances leading NJ
TO the present trial, he again mentioned
the two factions said to exist in tn,
town.
Hunsaker was the first witness call
ed by the state. He was followed b,
three others during the afternoon, will
one other. who could not be located, ye
to appear. After this the state reste,
its case.
Six witnesses had been submitted b,
the defense when adjournment was tax
en- at o o clock. Following the testimon,
of DR.. H. J. Clements, debate aros
between the attorneys over the ques
tion of evidence relative to the legal
ity of city marshal deputizing other
to assist in arrests when not having
warrant. Judge Kelly ruled for the de
fense.
Hunsaker is Frank.
Lee Jeans, the defendant, was calle,
to the stand this morning. He told tn
story of the fight which resulted Il
the knife wounds received by HunsakeI
Summarized, the testimony which ha
thus far been introduced in the trial
brings out two separate and distinc
stories, although there is general agree
ment on the part Of all the witnesse
that the carnival tent in Turner wa
the scene for number of fights o.
the night of April |. Robert Hunsake
was a member of the band under tn
auspices Of which the carnival was be
ing given, and he tells story on tn
stand which is free in its admissio
that when he stepped from the tent o
that occasion and heard the defendan
utter a remark to the effect that "som,
| body ought to take poke at Tom Ke
" and those other -' he steppe
up to the defendant and invited hii
TO take a poke at him. Several blow
were exchanged and during the alterct
ton the defendant stabbed him. Sue
is the testimony given by Hunsaker,
eJans' Own Story.
The story of the defendant, lie
Jeans, told this morning, is that he wa
deputlzed under protest TO accompan
the marshal to the carnival tent. II
protested because he was q member {
: the city council. The city governmer
had been endeavoring to collect
license fee from the carnival compan,
: The band boys had objected to the co
+ lection of this fee on the ground thi
1 the carnival was being given und,
e their auspices and was therefore NJ
I liable to license, being virtually hon
d entertainment The defendant aceoH
panied the marshal to the tent. Short
+ after their arrival there a fight b
gan. He was attacked by several an
n at last forced to his knees. At tn
= juncture, fearful that he might be bea
4 en- to death, he drew his pocket knit
$ and ssnbbed with it blindly. He did NJ
b. recognize Hunsaker. There were nun
ber around him, and he kept them Of
1 with his knife.
!. Testimony given by other witness,
e follows one or the other of these tw
f lines.
The examination of witnesses is sti
o in progress this afternoon, and it do'
p not appear likely that the case will |
T given to the jury today.