Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-11-20

the yards Cox carried away the false
weights which Clay had set down tenn
porarily in a paper sack. Then at the
request of his father, whom Cox mac
asked to intercede, he (Clay) went tc
Grinnell with Cox and in the law office
of Haines e Lyman agreed to settle and
drop the intended arrests upon the pay
ment of $500, to make good Clay's loss
on the two last shipments; that this
money was subsequently paid by Cox
to Clay's father. Clay said that 1t was
part of the agreement that Cox shouid
produce the false weights and break
them in the presence of witnesses; tha'
when they returned to Newburg from
Grinnell Cox brought out pair OF OLD
rusty weights as being the false ones
but Clay recognized them to be a thlrc
pair and exclaimed, 1.-THE scoundrel! lie
has two sets of bad weights! ana
turned to take the next train for Grin :
rell again to consult a lawyer. Ihen
Cox said he would produce the other SCI
of false weights, which were tested by
Mr.. C. l.. Roberts, and broken in the
presence of witnesses. Clay testlneo
that, subsequently and at about the
time of the hog stealing episode. Craw-
ford in the presence of the witness, MS
father and two brothers, had made the
statement that he got $500 for substi-
tuting these false weights. Witness
also said that he had often weighed on
those same scales and never had to
slide the weight out on the lower bar
more than half way to balance the
scales and did not need an extra weight
at all as testified by Crawford's father
in-law, Cox.
Gregg Clay, the brother, testified that
he and H. w. Clay set the trap to catch
Crawford; that he saw the marks put
on the true weights; that he purposely
told Crawford Hi Clay would receive
some stock that night; that along about
8 o'clock Crawford asked him where Ill
was, and that witness purposely told
Crawford that Hi had gone home, when
he knew Hi was hiding down by the
scales; that the, witness, then slipped
around behind the yards and came up
on his brother Hi and Crawford as they
were dangling" about the matter at
the scale box. Witness testified that ne
was present subsequently when Craw-
ford told Father Clay that he, Craw-
ford got $500 for that act. Regarding
the hog stealing, Gregg Clay said that
he saw his brothers hogs yarded just
before Crawford shipped and counted
them, that he stood on the fence while
Crawford himself securely wired the
gates, but that he was not present when
Crawford loaded, as Crawford had said
he was. He testified that he missed the
four hogs from the pen, where there
should have been eighteen, shortly at
ter Crawford had shipped; that be and
MoCarl's hired man, Mercher, who had
raised the hogs, followed Crawford to
Marshalltown on the midnight train,
reached the yards about daylight and
identified the four missing hogs lying
in the corner of the yard apart from
the rest of the bunch. and made Craw-
ford own up and agree to settle. His
story was mistaken on cross examina-
ton and the attorneys soon let him
alone.
The father, Isaiah Clay, introduced
by the defendant, said that at the time
of the trouble over false weights he saw
the set brought home by Hi tested and
found false; that he was asked by Cox,
Crawford's father-in-law, to intercede
and did 50, advising Hi to settle for
5000 to make good the loss on his two
last shipments, and that Cox finally
paid that sum to him to be turned over
to Hi to settle the trouble Crawford had
gotten into. He said that subsequently,
at the time of the hog stealing trouble,
he told Crawford in Clays grain office,
in the presence of three sons, that he,
Isaiah Clay, had saved Crawford from
the penitentiary once, and would not
do so again, and that Crawford replied,
81 got $500 for that" referring to the
false weights incident.
The Attorneys Guilt.
Mr.. D. w. Norris Jr., editor of the
Republican, was again intro
duced, this time by the defendant, to
prove. that the articles were published
without malice and under the belief
that they We're true. Mr.. Norris testi-
fed again that Crawford once came
to the newspaper nff:ae and in the pres
ence Of the very attorney who brought
this suit, admitted that he, Crawford,
had been caught by the Clays substi-
tuting false weights but gave as his
excuse that he was working for his
law at the time he did it.
Mr.. w. P. Hughes followed with
testimony to the effect that Crawford
once came to the newspaper office and
in the absence Of Mr.. Norris, told him.
that he, Crawford, had no
about the hog stealing ar
ticle but wanted to know the name of
the correspondent who sent it. He said
that in the conversation Crawford adj
mitted having been arrested and hav-
ing once been caught by the Clays
false weights and that
Crawford was told then he didn't have
much of kick" coming.
The defendant then rested and i'm
introduced motion to direct
a verdict which was sustained. At
every turn of the trial and on nearly
every material fact Crawford is i'm
peached by incontrovertible testimony,
much Of it documentary It will be
strange, indeed, il the grand jury
passes his case up. Snyder and Mr..
Cox, too, appear In most unfortunate
light. Cox, by his own testimony and
Crawford's, was a party to the weight
incident, inasmuch as he says he sent
Crawford to fix the scales and after
ward assumed the responsibility and
made the settlement with the Clays
and broke the weights. Friends, how
x1... -.