Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-01-02
MURDER GAS[
A Jury Secured and the Taking
of Testimony Begun at
Newton.
---
Great Difficulty Met With in
Finding Jurors Who We're
Unprejudiced.
Damaging Evidence is Given
Against the Defendant..Re-
view Of the Case.
Special to Times-Republican.

Special to Times-Republican. /,
Newton, Jan. Am adjournment was
taken yesterday in the trial of Chester
Tyler. colored. indicted by the grand
jury of Jasper county for the murder of
DR.. b. NJ. Failor on the night of Sept. u
last. The case was fairly started Tues
day, the first entire day having been
taken up in selecting a jury, great diff
Guilty having been found in securing
twelve men who had not made UP their
minds or had some kind Of a qualified
opinion from the newspaper accounts
read of the prisoners guilt being unable
to go to the jury box with the presump-
ton firmly fixed in their minds that the
law presumes a prisoner innocent until
proven guilty. Race prejudice was also
an element In the selection of the jury,
many expressing the belief hat they did
not have the same feeling toward a col
ored accused as toward a white. Yester-
day being a holiday Judge Clements,
presiding, adjourned court until this
morning at 9 o'clock.
DIR. Failor was one Of Newton's Oldest
settlers and her Oldest practicing physi-
clan. He was highly respected, we'll
known and q Mason. Since the arrest of
Tyler, who was found with h murdered
mans gold watch in his possession, peo-
pie generally believe that the right man
has been brought to Justice and that
Tyler IL proved guilty should be hanged.
The peace officers realizing the senti-
ment removed Tyler to the Fort Madi-
son penitentiary for safe keeping until
trial. During the time he was confined
in the county Jail it was found that he
had wrenched the post off an iron bed
stead and had laid the same in hiding to
rap the jailer with. 1t will be remem-
bered that the murder of Failor was one
of the most brutal assaults that has
been committed within the state for
gears. The doctor, an old gentleman,
while visiting pleasantly with his
daughter and family was called about III
| o'clock to see a patient on Vine street
near the Rock Island depot. This Is a
lonely and poorly lighted place n the
street was at that time torn up prepare
tory to placing pavement. Piles OF
brick were placed along the walk. max
ing an excellent hiding for thugs II
holdups. The fair was then being held
and the town was crowded with stran-
gers. In returning from his professional
call the doctor had to pass this place,
which is also neal a lumber yard, where
his almost lifeless body was found by
rassers-by shortly after his visit to the
Graham home. He had a large bruise
five inches long yer the right ear n
eve. evidently having been struck pS a
large hickory club which was found near
the spot. His gold watch was gone ana
his trousers pockets We're turned wrong
side out and coin scattered on the
ground near where the body lay. he
lived but q few hours after being car
ried to his home. being unconscious anu
unable to tell anything OF the dastaroiy
assault. The motive was evidently ROD
hery and a search for the watch re-
sulted In the arrest Of Chester Tyler In
whose possession 1t was found. Inc
tImepiece had been a present and has
the murdered mans name engraved
thereon. so that it can be easily identi-
fed. and It's possession IS something nat
the state believes Will positively prove
his guilt.
Tyler is an unmarried man, a laborer
about 25 years Of age. and a~bsofuteiy
refuses to talk OF h case, wen TO ms
ATTORNEYS. He has lived in n around
the Oskaloosa and Centerville mines n
is well known to the police OF Des
Moines. Woodson & Brown, the coloreo
attorneys Of Abba, assisted by Y. ".
McClain, Of Newton, We're appointed py
h court TO defend the prisoner, n
first attacked the Indictment, but the
motion to uuash was overruled. AS all
the evidence is circumstantial, the case
will be a hard-fought one IN interest
ing. The state is ready to prove that
TYLER was seen in Newton he day and
evening of the murderer, but no one. as
far as known, witnessed the killing. The
Jury is made up entirely of farmers,
nearly all living quite a distance from
Newton. One Of the number, who was
allowed to sit, says he does not believe
in capital punishment. The prisoner has
sat at the trial table during the whole
two days as ~unconcerned as a spectator,
instead of the man charged with a
crime the penalty Of which may de-
mand his life. Only once has he said a
word. That was Tuesday, which
showed the negro hatred for an Irish
man. A summoned Juror was called to
the stand to be examined as to his quar-
ifcations to try the case and the prison
er, noticing the map on his face, and ev-
identity thinking because the mar was
Irish 1t was a ground for challenge,
said: "Say, Master Woodson. amt ID
that man Irishm'n?" Tyler has told the
Taller and his lawyers that done can't
do muffin to Niger that nebber do any
thing Further than this the trial to
him seems to be a farce. He has moth
ing to say, no suggestions to make and,
from his facial expression, a person
would think he never had a thought.
The first witnesses for the state were
the doctors who were called to see the
dying man. They were Drs. Robb. En-
gle and Smead, who testified as to the
nature Of the wound on the murdered
mans head. the probable cause of death
and what might have produced it. etc. A
hickory club, four feet long and two and
one-half inches thick, was introduced in
evidence. and the doctors were asked If
an instrument of that kind would be
likely to make the wound described.
They all testified that 1t would. The
club was found near where the doctor
was killed. But few questions were
asked the doctors on cross-examination
and their testimony was much the same.