Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-10-24
.C[EhONS ON STAND
Defendant in the Burghduff MUIR.
der Trial Testifies in His
Own Behalf.
Justifies Quarrel With Burehduii
Because Of Alleged Insult to
Clemens Wife.
Claims Killing Was Not Inten.
tional and Was in Self
Defense.
Special to Times-Republican.

quarrel which he (Clemons) sought for
the purpose of Furnishing Buriyhduff for
an insult to his wife. The wife of the
prisoner was on the stand and made q
good witness on behalf of the defense.
She told of an alleged visit Of Burgh-
dur during Clemons absence, at her
home for improper purposes; that she
refused him admittance. whereupon he
tried to break down the door, and that
he used insulting language. But altho
the attorneys for the prisoner are put
ting up a clever defense, they will hard
~ be able to break the chain OF dam
aging evidence offered by the state, and
the outlook is for a verdict OF guilty of
murder in the first degree. The interest
in the trial reached climax yesterday
when Mrs Clemens and the prisoner
testified. The court room was crowded
to the limit.
Court convened yesterday at 9 o'clock,
and the Clemens trial was resumed. The
first witness called by the state was
Burt Purdy, who was an eyewitness to
the ARRAY, as he was sitting On the dry
goods boxes with Middleton, Johnson
and Burghduff. He testified to the
same as they did as to the details OF the
ARRAY.
DR.. Hunt, being recalled. testified that
he did not notice any blood en- the rod
the killing was said to have been done.
DR.. w. II. Morse was called to the
stand. and gave details of the post-mor-
tenn examination, which he conducted,
with the assistance OF Drs. Hunt and
Corr, giving a description of the
wounds on Burghduff's head, stating
that his, death was the result OF the
wounds and that they We're produced by
some blunt instrument: stating also
that they could have been produced by
the rod exhibited.
DR.. Corr was then called ard testified
to the same as DR.. Morse. Then the
state introduced as witnesses John
johnson. Joe Anderson. John 'cordle and
Burt Carpenter. who all testified that
they attended a beer party two days be-
fore the ARRAY occurred, at which both
Burahduff and Clemons were. present,
and that difficulty occurred between
them, and that Clemens there stated
that he would kill Burghdufr before
week. None of them could be shaken,
in cross-examination.
n. G.. Chaplin, hardware merchant and
mayor, testified that when Clemens was
brought to his Office a few minutes after
the ARRAY occurred, he asked for a trial,
and offered to pay his fne; that he re-
fused to bring charge against him,
giving for his reason that he would
have to await the results Of Burgh-
dur 8 injuries. and that he heard Glenn
ons say, when told that he had done
Burghduff up, that he did not want to
hurt him, but kill him.
Joe Lepley, city marshal Of Union,
then being called. stated that he ar
tested Clemens Immediately after the
ARRAY, took him to Chnpin's Office, and
that he wanted trial which was re-
fused. then taking him to the Jail, and
also said that when he informed him
that he had done Burgduff Tip. that he
(Clemons) said he was sorry, but he
wanted to kill him, designating him by
u vile name.
The state rested at 1880. having con-
Guided their testimony in chief. Court
then adjourned to 1:30. at which time the
defense began the introduction Of their
testimony by introducing Mrs. Clemens.
the wife of the defendant. She testified
that Burghdun had made visit to her
house one evening in the absence OF her
husband for improper purposes: had in
suited her and tried to force the door in
or being refused admittance. She proved
TO be good witness and could not be
shaken on cross-examination She broke
down after she had delivered her testI-
mony.
Mr.. Quiet was then introduced and
stated that he was with Clemens and
walked around the streets with him
from the time he started up the street
until the ARRAY occurred. and also that
he did not see the rod exhibited about
the person of Clemens. He contradicted
several of the witnesses for the state.
Mr.. Quiet was the stranger that was re-
ferred to by several of the states Wit
nesses as being seen with Clemens.
The defendant was then placed on the
stand. He stated that he went to town
to make some small purchases, pay a
debt. and file a complaint witt the mayor
against Burgduff for insulting his wife,
He described the ARRAY and claimed he
struck first and that he struck Burg
0OlL ONSl lIS IiIttO WILL q DidilSlGSS hUlle
in his hand; that he did not use the rod
exhibited; also claiming 1t was in the
hands of Burgduff during the melee He
made quite plausible witness in his
own behalf and was not shaken on
cross-examination.
Mr.. w. r. Craig, Mr.. Arnold NJ. Corff,
Miss Seabury, Mr.. I.ounsberi,y and Mr..
c. L. Fulton were then introduced.
These parties testified to having seen de-
tendant at various times Turing the
evening, 'front.' time that he left home
until few minutes before the homicide
occurred. and that they noticed nothing
unusual in his demeanor and that he did
rot have the appearance of being ex-
cited.
Court adjourned at $50. The court
room was crowded with spectators all
day. Much public interest is being
taken in the trial. Tie feeling at Union
IS running high against Clelnons,
Two Weddings at Gid dem.
Special to Times Republican,.
Glidden. Oct. "a MIR. . CHM, Of
II