Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1902-01-07
Does not put a Single Witness
on the Stand to Prove In
nocence.
CLOSING APPEALS MADE
Big Criminal Case at Newton Involv.
ing the Violent Death of Physician
Comes to a Close After Motion Is
Filed.

Newton, Jan. Especial AT this
mornings session of court in the Fai.
lor murder trial the closing arguments
were made
Al Saturday mornings session the
state concluded the examination of it's
witnesses and rested it's case. The
evening before the attorneys for the
defense We're closeted together for
some time and a surprise in the evil
dence or procedure was expected this
morning. After the state had com
pleted the evidence of its case the de-,
tense asked leave of court to make a
motion to take the case from the jury
on the grounds of a fatal variance be.
tween the allegation in the indictment
and the proof. This was argued at
some length by S. Joe Brown for the
defense and number of CAGES cited.
The contention ives that as the state
has alleged in its indictment a spev
cific inteht to kill it must prove the
same although it was not necessary to
so allege, but having done so there is
a fatal variance. Judge Clements
promptly overruled the motion and
says that the law takes 1t that ones in,
tention must be inferred from the ma
ture of his acts and that it is a oues-
ton for the jury to determine. Fur.
ther" he continued, Il might say this
whole matter is 70 be determined from
circumstances Whether or not the
accused had the intent is wholly a
question fcl Ike jury The motion is
overruled"
Inc lawyers were asked to proceed,
but much to the surprise of EVERYONE
the defense rested its case, not intro
ducing single witness About twen.
" had been summoned and it had been
understood that the defense would I'M
dertake to prove that colored man
named Charles Brown had DR.. Failor's
watch in his possession at the fair
grounds in Newton the morning after
the murder. Also that the watch was
gotten by Tyler tie accused, in a
crap game in Colfax.
One thing is certain the defense is
either of the opinion that they have
reversible error and are satisfied with
the evidence as made by the witnesses
Tor the state or they cannot show how
Tyler became in possession of the
watch and how he came to be in New
ton the night of the murder. The evil
dence IS all purely cireunstantial and
the defense seems TO be willing to
trust the twelve men with the fate OF
the accused without Introducing one
bit OF eyiden~ G. II is generally thought
that the negro will not be convicted
as it was expected that the attorneys
woul1 explain where Tyler got the
watch.
The closing arguments are now be-
ing made and the case Will go to the
jury late this afternoon An eloquent
appeal for the negro's life was made
by the colored attorney. S. j. Brown.
He carefully reviewed the evidence
and showed the difference in the
sworn testimony of the stote's witness.
es as whether the night of the mur.
der was dark or light night. Some
testified that man could be distfn.
gnished very plainly while others tcs,
titled that it would have been impos-
slble to see person if standing with.
In Two feet of each other and that
they did not recognize DIR. Failor un-
til some matches We're lighted. This
element of doubt as to whether the
right man was before the bar of ius.
tice was what the attorney dwalt upon
and impressed the jury with his firm
conviction that Chester TYLER is not
the man who murdered Failor. Il. j,
Salmon will have the close for the