The Leon reporter. (Leon, Iowa) 1887-1930, 1902-06-26

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DERRICK got the lunch and waited az the
table. When the shot was fred I got up
and lett. was pretty badly scared.
Did not hear Wharton or Detrick saw
at the time of the shooting.
DERRICK loaded the gun while sitting at
the table and put it in his pocket.
When the shot was fred suppose
saw the gun. Think it was little
higher than the top of the table, Did
not take any aim. Wharton fell of the
chair to the floor.
DIR. II. Il. LAYTON
sworn, testified: Am 4S years old,
physician ami reside at Leon, Iowa.
Have examined the body of. P. Whar.
ton at the undertaker's rooms. He was
dead, being shot in the face. The bull.
let entered little to the right of the
right side of the nose, below the eye,
and passed back about 81 inches. 1t
went straight in cut of large artery
and severed the spinal cord at the base
of the skull. Death was instantaneous.
The powder marks on the face would
indicate the shot had been fired at a
close range. The direction of the bullet
would indicate the gun had either been
held on level with the face or he had
been looking down at the muzze. /
think it would be possible for the gun
to have been held below the top of the
table. He could have been in almost
any position, the course of the bullet
depending on the position he held his
head.
r. A. SIGLER
sworn, testified: Am 90 years old, q
coal and feed dealer, and reside at Leon,
Iowa. had been to dance last night.
Came up Commercial street, met Will
Golf at the corner by Casters store.
We started scross toward the restaurant
where there was light and met Andrew
Lindsey, the night watch. Just as we
were in front of Often q Wallace's meat
market heard shot in the restaurant
and we ran in. Saw johnson, Bennett,
DERRICK, Merrill and Overholtzer stand
ing by table and Wharton lying on the
floor. Overholtzer said Wharton had
been shot and for me to run for doctor.
think all the parties were sober. They
were excited and very white, but not
intoxicated. Derrick was wringing his
hands and crying. Did not hear him
say anything. Was not there over half
minute before [ went for DIR. Nc
Allaster.
Lew Overholtzer, Frank Bennett and
Sly johnson were recalled and showed
the jury as near as possible the position
of all the parties at the table, and also
the position in which the gun was held
at the time it was fired.
A. s. LINDSAY.
sworn, testified: Am 40 years old. reside
at Leon, Iowa, am city nightwatch. Am
acquainted with all the parties who
were present at the shooting last night.
Saw them in Detrick's restaurant shortly
before II o'clock, and know they were
in there until the shooting occurred a
few minutes after o'clock. They were
not intoxicated. There had been no
trouble of any kind in tho restaurant,
the parties being very orderly. They
were sitting at table drinking beer
from glasses. l beard the shot about
lis. Ralph Siger and i were just op.
posite Often & Wallace's meat market
two doors away. We went into the res
taurant. Saw Wharton on the floor
dead. Merrill said DERRICK shot
Wharton. l took charge of DERRICK,
and told him he would have to go with
me to Jail. He made no effort to get
away. On the way to the Jail he said
he wished he could die, several times.
That it was an accident and thew had
always been good friends. | turned
him over to Sheriff Martin and he was in
Jail in not more than 10 minutes after
the shooting occurred. He was not
drunk. l saw him several times be.
tween 10 and o'clock.
W. R. ELL1NwooD
sworn, testified: Am 40 years old, re.
side at Leon, Iowa, am manager of
Leon Telephone Exchange. had been
to the country and drove in about ~
o'clock. Took my tools to the telephone
Office and met L. p. DERRICK in front of
Casters grocery when l came down and
talked couple of minutes with him.
He was sober at the time.
After hearing the testimony the jury
returned the following verdict:
STATE OF Iowa, So
DECATUR COUNTY. 90
At an inquest held at Leon, in said
county, on the Goth day of June, 1902,
before 3. r. McAllaster, coroner Of
said Decatur county, State of Iowa,
upon the body Of James P. Wharton,
there lying dead, by the jurors whose
names are hereto subscribed.
The said jurors upon their oaths do
say: We do find that said deceased
came to his death by gunshot wound
resulting from the careless handling of a
50 calibre revolver in the hands of Lew
DERRICK.
In testimony whereof, the said Jurors
have hereunto set their hands this goth
day of June, 1902.
H. FARoUnAR,
|. N. BEARD,
Attest by j. A. Harris,
B. r. McALLAsrER,
Coroner of Decatur county, Iowa
After the coroner's verdict had been
returned, an information was filed
before Justice Beck by Sheriff Martin,
t<,t,, -.