Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1902-06-03

had first pulled on him. The defense
also contends that Mrs. Hammond's
reputation for morality is not good
and that Hammond learned of her al
legged relations with DR.. Walston,
(which it is claimed were carried on
while Hammond and his wife were
lstill married and living together and~
that this knowledge led him to so af-
| ter his wife and Walston and that he
was justified in searching for them as
he did On the other hand, the state
claims that Hammond fired first, that
his attack on Walston was unprovok-
ed, that Hammond no longer had any;
claims on his former wife and could
not dictate her company and that the
relations of Walston and Mrs. Ham
mond We're perfectly proper, he being
her family physician
Allen Remembered More.
Fred Allen, the son of Mrs. Allen, at
whose house Mrs. Hammond and DR..
Walston room and where the shooting
occurred on the night of May 25, was
put on the stand by the prosecution
and gave some important testimony,
He testified that after the shooting and
while Hammond and Walston were to-
gether in the custody of the two Off
| GERS Hammond said to Walston: "I'll
get you yet before the month is over"
Police Officer Newell testified that
after the shooting and while he had
the men in charge, with his brother
officers, Hammond told him that the
town was too small for both Hammond
and Walston, and one or the other
would have to go, if it was not Hams
mond it would have to be. Walston.
Later on, when going to the station,
he said, Hammond remarked that he
wished that he and Walston both had
their guns again and could shoot it
out.
Mrs. S. M. Allen was recalled by the
prosecution in the afternoon and testi-
! fed to her encounter with Hammond
in the hall, on the occasion of his first
visit to the house that night On
cross-examination it was brought out
| that both Walston and Mrs. Hammond
roomed on the first floor of the Allen
house; that their rooms adjoin and
that there is a connecting door open
ing from one to the other. The state
tried to keep this out, but inasmuch as
it had gone into detailed description
of part of the house the court ruled
tnat IL must all go III.
Police Officer Hess was called on
| behalf of the state, but he proved a
better witness for the defense. He
testified that Walston drew his revolv-
er before Hammond drew his, leading
to the theory of the defense that Ham
mond shot to defend himself from
Walston, anticipating attack. He
stated that Hammond had encounter
ed him on the street and asked him
to accompany him to 1041 Sixth ave-
nue. and arrived there Hammond
knocked at the door and when DR..
Nalston opened it about two-thirds of
the way asked to see Mrs. Hammond.
Walston replied that he could not see
her. Hess then states that he saw;
Walston reach around to his hip pock-
ct and draw a revolver which he
pointed toward Hammond covering
him with the point 1t was at this
venture the officer testified that Ham
mond pulled his gun and as Walston
slammed the door shut and fired
through the door. Hess testified that
he could see into the hall which was
lighted, and that there was nobody
there, so that he was the only actual
witness OF the encounter between the
two men.
Walston, the prosecuting witness,
was not put on the stand for the state
and the prosecution closed without
Walston's version of the affair.
AT the conclusion of the states di-
rect testimony the defense filed mo-
ton to dismiss the case and Attorney
Ethridge prepared to argue this, but
was Informed by the court that it was
useless as he desired to hear the de-
Tense, which has now begun.