Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1902-01-02
MURDER TRIAL IS ON
Alleged Slayer of Newton Doctor
Faces Jury.
is CALM AND SAYS BUT LITTLE
colored People Are Much Interested
in the Outcome-The Defendant is a
Negro-The Crime Was Most Bru-
tai One.

Newton, Jan. Especial. AN adj
journment has been taken in the trial
of Chester Tyler, colored, indicted by
the grand jury of Jasper county, for
the murder of DR.. B. M. Failor on the
night of September IL, last. The case
was fairly started Tuesday, the first
entire day having been taken up in
selecting a jury, great difficulty hav-
ing been found in securing twelve men
who had not made up their mind 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 mind that the
law presumes prisoner innocent un-
til proven guilty. Race prejudice
was also an element in the selection
of the jury many expressing the belief
that they did not have the same feel
ing toward a colored accused as to-
ward white.
DR.. Failor was one of Newton'S old
est settlers and her oldest practicing
physician. He was highly respected,
well known and a Mason. Since the
arrest of Tyler, who was found with
the murdered mans gold watch in his
possession people generally believe
that the right man has been brought
to justice and that Tyler if proved
guilty should be hanged. The peace
officers realizing the sentiment re-
moved Tyler to the FIT. Madison peni-
| Tertiary 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
bedstead and had laid the same in hid
lining to rap the jailer with. 1t will be
remembered that the murder Of Failor
was one of the most brutal assaults
that has been committed within the
state for years The doctor, an old
gentleman, while visiting pleasantly
with his daughter and family, was
called about ten o'clock to see pa
tient on Vine street near the Rock
Island depot. This is lonely, then
poorly lighted place and the street
was at that time torn up preparatory
to placing pavement. Piles of brick
were placed along the walk making ar
excellent hiding for thugs and holdups
The fair was then being held and the
town was crowded with strangers. Ii
returning from his professional cal
the doctor had to pass this place
which is also near a lumber yard
where his almost lifeless body wa!
found by passers by shortl.
after his visit to the Graham home
He had a cash five inches long owe
the right ear and eye, evidently having
been struck by \ large hickory clul
which was found near the spot Hi
gold watch was gone and his trouser'
pockets turned wrong side out ant
coin scattered on the ground wher
the body lay. He lived but fey
hours after being carried to his HON
being unconscious and unable to tel
anything of the dastardly assault. Til
motive was evidently robbery and
search for the watch resulted in tn
arrest of Chester Tyler in whose pos
session it was found. The time piec
had been a present and has the mul
dered mans name engraved thereo
so that it can be easily identified an
, its possession is something that tn
state believes will positively prove hi
, guilt
Tyler is an unmarried man, a labol
, er about twenty-five years of age an
absolutely refuses to talk of the cas-
+ even to his attorneys. He has live
/ in and around the Oskaloosa and Gel
terville mines and Is we'll known t
, the police Of Des Moines. Woodso
& Brown, the colored attorneys of A
bia, assisted by G. o. McClain of New
ton, were appointed by the court