LFATMIY SiT
(Osatmuod from Page I)
partly dowa. The Indian bad tald
ha would go with the officer after the
weawa came up, but then he got the
ear! club from him once more and
atartea hla resistance again."
Charlea Woodnrd testified to being
resent' at the affair, taring that he
to near by when he hoard tho officer
eall for help.
"I, not belnf very nipple, a couple
of other went over to help him,"
eatd the witness. "A squaw was be
tween Walker and the Indian for a
time. Then Walker went down.
Either the squaw or tho Indian trip
ped him. Then the Indian got Wat
ker'a clnb. He was not stand In
atralght when he ihot. I think the
Indian had the club when shot. He
had hit Walker with It, I think, OTcr
, and back of tho right ear. Ho was
parUy on hla back when Walker shot
htm, but not wholly down, nt I saw It.
Walker had been down, gathered
himself together and got up onto his
feet, then shot I did not recognise
any other people at the scene, al
though there were a number of oth
era running around. I think a man
named Crane was there."
Thomas Henry William, who had
been at the locale of the killing at
the time, In company with a friend
aamde Pitt, a cook at the White t'el-
leaa hotel, was under the Influence of
liquor, and his statements were Inco
herent. He seemed to be averse to
testifying, so Anally Coroner Wlilt
leek and District Attorney Kuykeu
dell thought he had better be put In
.'ail until he was In cea4Mi to testi
fy lucidly. 8herlf.WBWaafH. Batata
took him In ckai Iajajad ln what
he did sartheeieaMglhat tnro
Indiana werVar setting on a mikou
and Anally felt orer the wagon Tho
cause of their quarrel was a dollar,
which one said he wanted. Ho then
aaw "Sam," meaning Walker, catch
one Indian by the neck and stop the
two of them fighting.
Suggesting that somebody else
ought to be questioned, "Tommy"
was told by District Attorney Kuy-
kendall that he would havo to answer
or he would be put ln Jail. Ho said
he would answer, and started again
la a disconnected way. The witness
said he saw Walker beat the man
OTor the head with his stick, after
which he shot him. He had seen
Walker beating the man as he lay on
the ground, be asserted, the blows
beUg directed at the Indian's feet.
Ha said the officer drew his gun twice
aid put It back In his pocket, these
times eTldently being the twice that
Walker used hla pistol to keep people
away from the struggle. Williams
said that Walker then beat the man
on the back of hla "poll," after which
Smith snatched the ofllcer's stick
away from him and hit him over the
head three or four times. Then Wal
ker got the club and beat the man
until bo wound up by shooting blm.
The witness aald he might have been
forty or fifty feet away at the time.
lira. Lucille Barnes, wife of Marlon
Barnes, said ahe thought It was about
tea minutes after 12 when a neighbor
called to her to ask It her husband
was at home, as there was an Indian
fight going on. . She saw the Indian
throwing something which she
thought was a club, but It might have
been an ax. This was probably 100
yards distant Then she aaw Walker
stand up aad get bis gun.
"I could aot tell whether the In
dus was down," she testified. "I
hardly thought he had time to fall
dowa. He might bare been falling
dowa, but I don't think he was clear
dowa."
Ralph M. Hale said be had gone to
the scene in a wagon after be had
seen Walker run across the street
toward the spot, then ho got out of
the wagon. "Walker was bitting tliu
man over the bead with bis club
when I first saw the affair." be said.
"I stood on the curb to watch for a
while, then Walker called for help
aad I went over. I think the Indian
aald once to Walker, 'I'll kill you.' He
could not get the handcuffs on his
man, as tbe woman Interfered. Wal
ker then pulled bis gun to make tho
en stand back. It seemed to have
ao effect on tbe Indian to bit blm
over the bead with tbe club. Crane
and Walker and I had bold of blru
until he tripped Sam, then I let go of
htm to keep blm from falling over on
Walker. Crane pulled the club from
tho Indian's hands, but whether It
was before or after tbe Indian was
shot I don't know. Crane told me It
was afterward. I remember his hav
ing to give a bard Jerk with both
hands to get tbe club. Tbo man was
oa bis back when shot, but maybe not
with both shoulders to tbe ground.
Ha could not have struck Walker
from tbe attitude he waa In there.
Walker bad tbe gun In his hand a
good deaf of tbe time. The Indian
aK Walker and knocked his bat off,
the b tell, while Walker staggered
(rem the blow. Then the shot was
trad. I askad Walker four times,
'Do yon want a wagon?' but be did
answer ma. Tbsa I touched him
M the arm aad asked blm again, but
ha did aot answer me. I thought
L I
maybe there were enough ot ua there
so we could put htm In the wagon
and take htm away."
Asked by Juror Kenyon to lllua
Irate Just how tho Indian lay on the
Around Hale lay on the floor, with
Ms left arm crooked up close to his
side, his left shoulder flat on the
r.oor, while with hla right hand he
gripped the policeman's mace and
held It up In a threatening manner,
which lifted his right shoulder from
the carpet.
Attorney Oneltl wanted to ask It
the witness thought Walker could
have got away, but the district at
torney objected to this, saying that
It was calling tor an opinion, and
nan to rest with the Jury. The dis
trict attorney left It with the coroner
to say whetbor tho question should
be asked, and after some discussion,
pro and con. Mr. One III did not press
tho (.ucstlon.. District Attorney Kuy
Kendall said that Wntkor was an offi
cer, and did not have to retreat, but
that hla business was to advance.
From tho description verbally giv
en by Hale of tbe attitudes of the two
rrlnrlpals In tbe fatal fight Walker
was five or six feet away from the In
dian when the shot was fired.
Wallace Thompson followed Hale
on tho stand. "I drove up In a wag'
on and sat In It watching," said he
"I saw Walker separate two Indiana
then one Indian went down on his
back. -.He kept turning while lying
there, and would not let Walker get
at hla head. Pretty eoc Washer set
him up. Then Walker ssssaid to
partly tall. n?Iasaa kaeTtet the
omearH clnb and hit Mai em the head.
I.deVt sawwihow many times, but I
could Mar the popping. Then the In
dian fell down after running back.
Walker got up from where he, too,
had fallen, and turned around. I did
not see any tripping. The Indian was
on his back, or down, at leaat, and
Walker stood up as the shot waa
fired."
Wright Davis, nlgbt watchman for
the Strange-Magulre company steam
roller, said tbe Indians' quarrel
wakened him from his sleep in his
tent, which Is across Sixth street and
a .little distance back ot the street
Davis said he stood on a box In
front of his tent, and when he looked
he saw that the two Indians had sep
arated, after which Smith got on top
of Ben Wright Then Walker, with
another man, got hold ot Smith and
started with him. He saw Walker
sink to the ground and the Indian hit
htm over the head. Walker got up
and walked probably fifteen or twen
ty feet with the Indian when first the
women went up, then the men went
up and Walker waved them back.
The club was taken from the Indian
after he waa shot. Davis said.
Mrs. Wright Davis testified that
tbe Indian was "kind ot down" when
the shot was fired.
Dr. Roy It. Hamilton told how Dr.
Leo W. Chilton and he went to the
scene of the killing In E. U. Cbtlcbte's
automobile and took Walker In the
car to their office, after Dr. Hamilton
bad felt the Indian's pulse and found
him dead. Walker had a bad scalp
wound over tbe left ear, probably
half an Inch, and. very deep, which
tbe physicians had thought waa done
with a knife, -nut be had been as
sured that only a club waa used, and
said maybe the sharp edge of the
club did It Walker'a left wrist was
badly bruised, apparently from a
blow across It. The chief complained
of a pain over his shoulder. Hla left
leg waa bruised from ankle to hip.
and he complained of a blow over bis
right arm, which tbe physicians did
nut examine. Tbe doctor said Wal
ker appeared dazed, was highly nerv
ous, and It waa bard to get anything
out of him.
Tbe witness told of the autopsy
performed by Dr. Chilton and himself
on tbe dead Indian which revealed
tbe course of tbe bullet as related
above. Tbe bullet came out unscath
ed. At this point the bearing waa ad
journed until 1:20 at tbe court
bouse, when J. H. Drown, who lives
on White avenue, Mills addition, took
tbe stand. He was on bis war home
in bis buggy when be heard the In
dians In a squabble and turned back
to Chief Walker's house, which he
had Just seen the chief enter to get
his dinner.
"I did not go In tbe house, but hol
lered to the chief through the win
dow," said Brown. "I told him the
Indians were fighting, and saw blm
grab up his hat and come out tbe
door. He got In my buggy and I took
blm to tbe scene. He got out, hur
ried to the spot and demanded the In
dian's arrest. The Indian refused,
and resisted. Tbe chief began to use
his billy, and struck tbe Indian sev
eral times over tbe bead with It. Tbe
Indian threatened to kill the officer.
who then knocked blm down. Sev
eral women Interfered and one
caught tbe chief by tbe arm. He tbea
drew his revolver. They stepped back
ai.d Walker put his gun Into his pock
et again. He then tried to take hold
of the Iadlan, who resisted and
knocked tbe chiefs hat off. The
chief got up, picked up bis hat and
called for help. I said, as I sat In'
my buggy, 'Why don't some of you
white men go to help hlmt One of
them (C. h. Crane) asked, 'What's
thatT aad I repeated Ua quesUoa.
They seemed reluctant to go, but
finally soma ot them started. Ona ot
them and the chief took hold ot the
man and soma of the women started
to resist this. The chtet Jerked away
from the women and started away
with his man, who tripped him, so
they both went down. In the fall the
Indian got the chiefs club, raised It
and struck him with It. Then the
chief struck him several times. The
man behind the Indian, a dark man
whom I don't know, took the club
away from the Indian and gave It to
the chief, who began to use It pretty
lively on the Indian. One very hard
blow that ho gave put the Indian flat
on the ground. Tho Indian waa lying
on the ground, making no resistance
when the shot was fired. He did not
have the club. The chief waa three
or four feet away when he drew his
rcvotver and fired. 1 Jumped from
the buggy and went to the scene,
where the Indian waa In the throes
ot death. He did not live over four
or five minutes. The chief said to
me, 'You seen him strike me, didn't
you?' I saya 'Yes, sir.' Then I said
to my neighbor. C. K. dray. 'Let's go
borne. I waa sorry then that I had
called the chief Instead of letting tbe
Indians go on fighting, but It was his
duty to attend to such things, and I
thought he ought to be tald." '
nrown aald that a coles' gaga, a
dark masu aansHly a ejvatfler bread,
tew the club' away froea tbe Indian.
aad net Mr. Crane, also asserting that
the Indian did not get the club after
that.
"One lick of the club waa sufficient
to break tho Indian's skull, It ho
hadn't a cast Iron skull," he de
clared. 'The chief had used It pret
ty freely. It sounded like hitting a
board. I was thirty to fifty feet away
at tbe time, perhaps more."
Mr. Crane was recalled and said
that the Indian had kept calling the
chief "Wilson." saying he would kill
him. He aald be took tbe club from
the Indian after he was dead, not
knowing that he waa dead, or even
shot, aa he had thought the shot went
lid.
Brown here spoko up.
"Can I hare a hearing, If the court
please?"
"We'll recall you, Mr.Brown." said
District Attorney Kuykendall.
"Gentlemen of tbe Jury. I want to
ask this question," began Brown, but
tbe coroner and district attorney
gently Insisted that It waa a rule that
all witnesses not testifying should
not be present and that Mr. Brown
would have to retire, which he did.
It waa su posed he wished to question
Crane on the point ot difference In
their testimony aa to who took the
club from the Indian.
Otla Webb testified that the Indian
waa on his back when Walker shot.
Tbey were about ten or twelve feet
apart when the Indian fell, but the
officer waa not over two feet from the
Indian's feet when be pulled tbe trig
ger. Webb waa about seventy-five
feet away.
O. H. Mills, Seventh and Plum
streets, a painter, testified that tho
Indian had the clnb when he waa
shot The Indian struck the chief
white the latter waa trying to arise.
and told he was going to kill him.
Chief Walker waa not present at
tbe hearing. It not being Intended to
call for bis testimony. He is staying
at home nursing his Injuries.
noiohuedmhoihe
wm,wm ukase
Tendency of Women of Turkey to
Discard ISaggjr Hatorlal Covers of
Their .Nether Limbs Is to. Be
Caught Up Short
Catted Prsss Service
CONSTANTINOPLE. April J4.
Following the action of tbe pope for
Lidding priesta to appear In drawing
rooms where women wear decollette
gowns, the Shlck-ul-Islam, bead of
the Mohammedan church, baa for
bidden Mohammedan women from
wearing modern dresses under pen
alty of tbe prophet's displeasure. Of
late there baa been a tendency among
Intelligent Mohammedan women to
discard their bsggy trousers for tbe
modern skirt and go unveiled.
Death of Mrs. Shelby Klllott
Mrs. Shelby Elliott of Keno Springs
ranch, about forty miles from this
city, died at tbe Blackburn hoin'lal
between 10 and 11 o'clock this room
ing. She was brought to tbe hospital
two days ago.
Are you Interested In KLAMATH
COUNTY? -If so, see tbe Stephens.
Hunter ResltyvCo.
. IMillBta MM
They'bava aomt
vood bargains.
CHILC0TI6RICE
KBAL MTATBIIfSCtUtfCal
W MAKK A sstBCIALTT ad doe
la property aad sjtoi farm lands. No
trouble to show property. Proanpf at
tention vigeav all Inquiries. A few
good bouses foa rent. If you waat to
bay or sell It will psy you to see as.
West to American Hates. Pfcoae Ml
Mabbleaeld Returns
Rev. J. 8. Stubbtefleld, tha pastor
of tha Presbyterian church, returned
last evening with his bride from Kan
sas City, his former borne. They will
take up housekeeping In the parson
age adjoining the chuicb.
Hprrlal Dutch Lunches Hetia
Tonight will witness tho Inaugura
tion ot a series of Wedneada) and
Saturday night "Dutches lunches"
In the ancient colonial grill of tin
Hotel Mvermore. The servlco will
be u Irom 8 p. in. until titldn'ghl,
aud will Include a special ot inualr.
Including selections by a mamlnlla
club and some singers.
COOK WANTED Pur small family,
witn no children. Apply to .. m.
Merrill, Merrill, Ore. 'it-lit
KllimiWS UU ttf PERSONAL
rnoratTY
Notice Is hereby given that oa da'.-
urday, the th day ot May, 1(11, at
the hour of 10 o'clock a. m. of atld
day, at tha bottling works of A. Cas
te! A Company, corner of Bprlng and
Hood streets. In tho City of Klamath
ratls, County ot Klamath. State ot
Oregon, t will aelt at publte auction,
to the highest .Mdder, for sash, la
order ta eaeatfjtitt: at, IL
Ml.lt aadTtlgfKai abarioa at the
rat a -: aSatlaar annum from
tbi'iOth day of January, 11S. said
sum being due on a certain promls
scry note and chattel mortgage se
curing the same, the following de
scribed personal property, to wit:
About four hundred casks ot empty
beer bottles;
About three huadred beer cases;
One tot of crown corks and labels;
One lot of soda and soda flavors
and materials;
One lot of empty casks;
One Barry Wehmltler soaker; one
lienes A Keller twelve spout tiller;
one lot of soda machinery, Including
one Baltimore Crown corker and one
carbonater complete;
One lot ot trucks for bottle beer
and one lot ot rolling trucks;
One lot of amall machinery, tools
tnd appliances used In bottling
works; one set double harness; one
office aafe, number Y. 27391, made
by Cary Bate company; one office
deak, made by B. dt O. Furniture Co.;,
one office chair; one black horse
named "Coon" branded "A Circle."
sighs about 13S0 pounds; one black
horse named "Nig" branded "AS,"
weighs about 1250 pounds.
That said sale will be bad and
made la accordance with tbe terms,
conditions and stipulations of a cer
tain chattel mortgage, given to the
San Francisco Breweries, limited, bv
Paul afugter?on tbeJOth day of Jan
uary, Itll, and which chattel mort
gage waa duly filed ot record la the
office of tha county clerk ot Klamath
county. State of Oregon, on the 19th
day of February, 1(11, and recorded
la Book 3, on page 220, Record ot
Chattel. Mortgages ot aald county.
W. B. BARNES.
Sheriff of Klamath County, State of
Oregon.
NOLAND A CRANK, Attorneys for
tha San Francisco Breweries,
Limited.' f-lt-lt-36-2 h
Notice of Hale of Mara aad Colt to
Satisfy Lisa
Notice is hereby given that on Mon
day, tbo 39th day ot April. 1912, at
the hour of 9 o'clock a. m. of aald
day, at tbe Altamont ranch, about
two miles south of the city of Klam
ath Falls, County of Klamath, State
of Oregon, there will be offered for
sale at public auction aad sold to the
highest bidder for case, by tbe Alta
mont Investment company and
Oeorge Noland, owners of tbe Alta
mont ranch, tbe following described
personal property, to wit;
One gray mare, about 14 years old,
named Klamath, braaded IX on left
stifle, and one bay colt, about 3 years
old, from this mare.
That the above described personal
property will be sold at the time and
place herein mentioned, to satisfy a
Ilea on said personal property,
amounting to the sum of I90.0R, for
depasturing, feeding, bestowing labor,
care and attention upon aald property
horn tbe 1st day of May, 1910, to the
29th day of January. 1913. at tbe
special Instance and request of J. D.
Carroll and Perl E. Carroll.
That tba charge for such depastur
ing, feeding, bestowing labor, care
and attention upon said property la
reasonable, and tba same has not
Flrit Triiii ind Savings Bank
'JDnuQ Fall, Orejjoa
see Hid wltbla three aeathi after
sutb depasturing, feeding, bestowing
labor, eara and attention upon said
property.
That aald sate will be had aad
made In accordance with the law of
the Btato ot Oregon In such cases
made and provided, and the proceeds
derived from such sale will ba ap
plied, first, to the discharge ot such
lien to January It, 1911, and the
costs aad expenses of selling of said
property, and the remainder, It any
will be paid over to the owners of said
property.
AI.TAMONT 1NVK8TMENT CO.
and OKOUOE NO LAND.
NOLAND A CRANK. Attorneys tor
Altamont Investment Company and
Oeorge Noland.
Dated at Klamath Falls. Oregon,
April 3d, llll. 2-10-17-H-IT
XOTICK OF HHKIUKF-S MALIC
Equity No. 309.
la tbe Circuit Court ot tbe State ot
Orrgun. lit aud for Klamath
County.
Walter II. Sayre, Plaintiff,
vs.
Ueorge W. Carries and Jessie Garriek,
Husband aud Wife, tHfenda.
fU'lrlaai u May Cencern: f;K
r-Wmhtk hereby given that undet
aad bV Virtue ut an execution and or
dsr of sale duly Issued out of tba office
of the clerk of the circuit court of
Klamath county, Oregon, on the SSth
day of February, 1913, In the abovtf
entitled suit, upon a decree made and
entered In said circuit court, to-wll!
the 18th -day of November. 1911. In
favor of the above named plalntlR.
W. II, Sayre, and against the abovt
named defendants. Ueorge W. Car
rick and Jessie Carrlck, husband aud
wife, ordering the sale of the herein
after described premises which said
premises are particularly described In
said suit and decree, said premises to
be sold to satUfy tho Judgment and
decree of this court In said suit in the
amount of seventeon hundred, twenty-
seven and 15-100 (1737.3S) dollars,
together with tha further sum of two
hundred fifty and 00-100 (tl&O.OU)
dollars, attorneya fees, assessed and
taxrd by the court, and tho further
sura of twenty and 40-100 (t30.40)
dollars, costs and disbursements, with
Interest thereon at the rate of eight
(I) per cent per annum, from and
after the Jlth day of September.
Itll and for accruing costs. Now,
therefore, by virtue ot said execution
and order ot sale, and compliance
therewith, and In cumpllanco with
tbe ordt r of the court, recited In said
writ. I have duly levies, upon the here
in arecrioea premises, and will, nn
Wednesday, the 32d day Of May.1913,
at the hour of to o'clock a. m., nn
Id day, at the front door ot the
court bouse In Klamath Falls, county
of Klamath, state of Oregon, sell at
auction to the highest bidder, for
cash in band, all of the right, title,
Interest, estate, or demands whatso
ever, at law or In equity, Including
the tenemtnts, hereditaments, and
appurtenances thereunto belonging or
In anywise appertaining to the here
matter described premises, belonging
to the said Otorge W. Carrlck and
Jessie Carrlck, husband and wife, or
either of them, being the undivided
one-fourth Interest of, In, and to lot.
two (3), three (3). four (4). five
(S), six (0) and secen (7) and
the northeast quarter ot the north.
east quarter, all In section seven,
(7), and the southeast quarter
of the southesst quarter, sec
tion six (C), and tbe east half of the
louthwcit quarter and thn south hall
of the southeast quarter, In section
five U), all of said lands being n
township forty (40) south, range
nine (9) cast, Willamette Meridian
Klamath county, state of Oregon, or
such part thereof as may be necessary
to satisfy said execution and the
amounts therein named, including
Judgment, attorney's tees, costs, Intar.
eat and accruing coats; the proceed
of said sale to be appllod tn the sails.
faction of said execution, order of sale
and decree, Including said Judgment,
attorney's fees, costs. Interest and ac
erulng costs, and the overplus, If any
there be, to be paid Into the court to
be applied aa may be required or di
rected.
Dated, Klamath Falls, Klamath
county, state of Oregon, this 23d day
of April, 1913.
W. B. BARNES,
Sheriff of Klamath County, Oregon,
R. L. Elliott. Attorney for Plaintiff.
22-29-6-13-20
THE HOME BANK
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which to keep savings. They are
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t account with this bank, where
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Interest for you. You can start
an account with as little as
one dollar.
i
Phonographs
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MULLER MUSIC COMPANY
Main Htect, between 7th and 8th
m. .
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Our fcllitietenabrf us to deliver any
job of printing pVohptly, and alwnyn by
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good work, too. Call om us for every
thing in the printing line, mid be assured
f prompt and efficient servioa.
W. O. SMITH PRINTING CO.
HKPtALD SJUILOINO, FOURTH TrlCCT
CTWffCN MAIN AND KLAMATH
The World Mo? es-So Do We Move
Baggage Passengers
to and from all traini and boat
and give you Quick Serrice
Household-Heavy Freight
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Blacksmith Shop In Connection
Are prepared to turn out all kiada of Pint
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O. K. transfer Go.
D-y Phone 871 Night Phone 873
SPRING MEDICINE
FOR THE BLOOD
The old-fashioned custom of taking a blooapurlfylng mlttsre
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at this season. K ( ' WS
If used with the propsr degree of regularity during the monias
of spring, n rells ble "blood remedy" will augment the elimination w
excrcmontlllous materials from tho system', enrich tho blood, stloM
late glandular activity, Increase Hie appetite, Improve digestion, re
lieve languor and fortify tha general economy against disease.
Hlch. red Hood, an actlvo brain, a.vlgoroua body and a
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of a simple, woll-prepared mliture of the tlrae-lrled herbs, bsris.
roots nnd niter atlvea. Y .
A. D. S. n'lood Remedy Is universally estssmed aa a "spring mH
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This preparation la particularly beneficial for those who sre rsa
down," lacking In energy or otherwise depressed, physically or
tally. .
A. Ii. a. Wood Remedy la absolutely free from mercury, srseaw
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