The Toledo chronicle. [volume] (Toledo, Tama County, Iowa) 1873-1924, 1877-08-09

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~ = didnt tan III f !; lroo s neeuS.
He told - Is lieht ,an>ru,n - vAen -
wuisssxin6ow Is sIr.ue ~ - and
laea6no. 10 70 ln,e - houee. We went 4.
stsxlsd = sooa = IS ,texted g wfad6w.
W ven Il houso M f,lnre 4hsn Aa1f ~
nlnuts. h ~ = ~ I arrest him you
bpyp keep.him -. iuntil I - ~ q.
The dor ~ fas@en "a !. ~ room va a
- ia ~ hense. khSh - heard Mn
~ ~ wa shoS ~ cSuie ont. He didn't
en- = . coo. HIrpt werd I heafd hin.
~ Whsn ~ eoune on e he house ~
No. constable. had ! waxrans md eene 10
arrest, ana selA hin sthi$ when he Art
went thsrs hs said .sshsllso.r Nschsck
|ssked "Who's there r. Charles said
loshing. lGeuheck sa,d he wouldn't como
| eut, 10 had little boy ard couldn't lesve
/ hsm. Said when aaksd'A secsnd time hs
wouldn't nj up. Charles said nothing
| else, Tut went to window. Didn't hear
| Charles ask road to Pazkhouss, or for
drink Of water. Charles wss It window
about minute, then cans back to ~ q
porch. Heard nothing from the time We
went n house until ~ came out and
heard him say ''I'am shot," We were at
east aide even with windsw when hs saia
he was shot wers going TO him whom
We heard him cay he was shot. We were
! standing there when he cama mp = a..
Stopped at Mr.. Lundsyi: Was aftes .
O'Clock. From time we left Fees until
then was , hours.
3ss4pS Ernsk, ssesr~:
Am u years old. Live with my moth
er. Don't know WHIST tswnship OF
coaaty. Live miles from Geo. Fees.
Ftsa pur place Il = awsst. Know Il ]
dons%sll No truth ! viii "lcckedey.'"
Am here 70 tell The truth.
Defendant objects to Witncss testify
ing. he does mot sufficiently understand
the obligations OF an oath. Court sustains
Edbjection. Prosecution exccrts.
| Jos. Vokopn, sWorn
Livewith Mike Krczek. Know when
Whiteley was killed at Meoheck. Wa
there at the time, Joe. Krezek and two
\ other boys and the constable Whiteley
II heard the shooting. Didn't sec IT
l.heard only one shot. Htaid 5 minutes
after shooting. Only heard enc shot
then went home. was badly scared.
CROSS EXAMINATION.
Didn't see any one else. Was on south
4 side Of house when hoard shot. Saw the
boys whom they came out, they came
within two steps Of me; had lantern lit
Constable called Martin ON the porch
Called martin Mechcck." Heard moth
ing said Of water or drink. Constable
said .'show me The way to Penthouse.
when ON porch. Heard only once ask him
| the way. I was two steps from the porch
when he asked him..
/ Samuel A Smith, ssoorss
Live in Carroll twp. Knew Charles
Whitley. Knew the circumstances q
the killing. Was At MccAeck's with Jot
McRoberts next mexsing, Monday, July
9th. Saw dead body OF Charles White
ley, Zaruba and defendant came Up and
spoke to me and MclsOberts, asked defen'
dant who killed that man. Dsfendana
said Il did," Asked him what he did II
for. said be was afraid ne would XII
him. Defendant said y gives up" A.
ter under arresA said he shat hin VIM
zsruba's revolver Was there twice. Was
there with Surface, Whirley, Jos. Mchoh'
erts, g. N. Fee. and others. The nex'
day went 70 look locationss Went int
house and found gun This 10 the gun
tsAown). Invent down. % fence ana saw
shot In fence post, then went 70 house,
took gun, pointed est window On NORTH
side Of house. told Surface 70 stand whers
he thought he Naa standing when Charlie
was shst. u Was n about range where
Charles was laying, q where Surface
WAS STOPPING over him. The post Wal
in range with shot. Some shot in posl
appeared fresherthan others. Some Were
widowed. the others were ~ Some
appeared to have been broken since tn.
others. The gen was moi loaded then.
cRoas.RxAxNED.
The zarubas TWO wives came up with
Taylor. McRobsyts asked him (Doff.
who killed the man, asked him ''what did
| you kill him fort" said because I sew
afraid they would kill mes then SAID II
giye up, 60 along with YOU" John Tay
lor rushed In. He hada revolver IN BIZ
right hand. Defendant asked Tsylor u
let him GET his boots. Crown rushed up
when Taylor took him he (Deft.l said b
| shot him with revolver; It was at Ear
uba's.
!. ". AehobeFts, ssssrn;
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