Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-01-06
OFFERS No EVIDENCE
Attorneys For Defendant in Fail.
or Murder Case Submit Case
Without Testimony.
Cause Sensation by Resting Case
at Conclusion of Prosecu.
tons Evidence.
Pleas Are Being Made Today and
Verdict Will Be Known
Soon.
Special to Times-Republican.


Newton, Jan. 6.-At this mornings
session of court in the Failor murder
trial the closing arguments are being
made. AT Saturday mornings session
the state concluded the examination of
its witnesses and rested its case. The
evening before the attorneys for the de-
Tense were closeted together some time
and surprise in the evidence or proce-
dure was expected this morning After
the state had completed the evidence OF
its case the defense asked leave of the
court to make motion to take the case
from the jury on the grounds of a fatal
variance between the allegation In the
indictment and the proof. This was ar
gued at some length by Mr.. Brown for
the defense and number of cases cited.
The contention was that as the state
has alleged in its indictment specific
intent to kill 1t must prove the same,
altho it was not necessary to so allege,
but having done so there is fatal Vari-
ance. Judge Clements promptly over
ruled the motion and says that the law
takes it that ones Intention must be IN
.ferred from the nature of his acts, ana
that 1t is a question for the jury to de-
termine Further" he continued,
might say this whole matter is to be de-
-termined from circumstances. Whether
or not the accused had the intent is
wholly a question for the jury. The mo-
ton is overruled" The lawyers We're
asked to proceed, but much to the sur
prise of every one the defense rested
its case. not introducing single Wit
ness About twenty had been sum-
moned and 1t had been understood that
the defense would undertake to prove
that colored man named Charles
Brown had DIR. Failor's watch in his
possession at the fair grounds in New
ton the morning after the murder: also
that the watch waa gotten by Tyler
the accused, In a crap" game In Colfax.
One thing is certain. the defense Is eth
er of the opinion that they have revers-
ible error and are satisfied with the ev-
idence as made by the witnesses for the
state or they can not show how Tyler
became in possession OF the watch and
how he came to be in Newton the night
of the murder. The evidence is all pure
ly circumstantial and the defense seems
to be willing to trust the twelve men
with the fate Of the accused without in
Producing one bit of evidence. 1t Is gen.
orally thought that the negro will not be
convicted, as it was expected that the
attorneys would explain where Tyler
got the watch. The closing arguments
are now being made and the case will go
to the jury late this afternoon. An elo-
quent appeal for the negro's life was
made by the colored attorney, S. j.
Brown. He carefully reviewed the evil
dence and showed the difference in the
sworn testimony of the states witnesses
as to whether the night of the murder
was dark or light. Some testified that
man could be distinguished very plain
ly, while others testified that 1t would /
have been impossible to see a person If
standing within two feet of each other,
and that they did not recognize DR.. |
Failor until some matches were lighted |
This element of doubt as to whether the /
right man was before the bar of justice
was what the attorney dwelt upon, and
impressed the jury with his firm convic-
ton that Chester Tyler is not the man
that murdered Failor. e. j. Salmon will
have the close for the state.