Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-01-04
Will MAKE HARD Fight
Defense In Failor Murder Case
Makes Rigid Examination
Of States Witnesses.
Element of Doubt Injected Into
Much OF the Prosecutions
Testimony.
Taking Of Evidence for Defense
Likely to Begin Monday.-
Other News.
speoial to Times-Republican.

Special to Times Republican.
Newton, Jan. 4-The Failor murder
trial was resumed today. the defendant,
Chester Tyler, being able to be present
in court altho suffering from a high fe-
yer and throat trouble, Long before
court opened the court room was pack
ed to suffocation.
The state continued the examination
last evening forty-two had been exam
ined ali. The state is very near the
close of its testimony and will probably
rest its case today. 1t was thought at
the beginning OF the trial that Tyler
was certain to receive a life sentence
and some were OF the opinion that he
death penalty might be imposed. But
even before the Introduction of the evil
dence for the defense it is thought that
the case for the state is not nearly as
strong as was expected. many oc the
witnesses making their testimony val
ueless on cross-examination. The strong
that Tyler gave DIR. Failors watch to
his sweetheart q few days after the
murder. The state has also established
three important points: First-That
Chester Tyler was in Newton on Sep
tember II, the day OF the murder. Sec
ond-That he was seen near the scene
OF the murder an hour before It oc-
Cured. Third-That he had In h.s pos
session Dr. Failor's gold watch. Such a
showing has SO far been made. Slowly
an accumulation OF evidence has so en-
tangled the defendant that is difficult
to forsee how the defense can possibly
establish their plea Of not guilty. It is
understood that to rebut the evidence
Of possession OF the watch it can be
proven that Tyler won the same In
game OF craps in a gambling house In
Des Mc!nes and that the others In the
game are here to testify. 1t was clear
from the testimony that the defendant
made no secret OF the fact that he had
the watch and made no effort to con-
ceal 1t. He still refuses to talk. How
ever he has firmly told his colored de-
tenders that he is not guilty and that
they have the wrong man. He admits
he was here but how can be explain
how the watch became the prize cf the
crap game Is one OF the mysteries of
the case yet unexplained
The defense seems well satisfied with
the progress of the trial and the colored
pleader Woodson, has been thorn in
the flesh in the side OF Assistant Pros
ecutor Salmon from the start. During
the proceedings today Woodson was
making his objections nearly every time
Salmon asked a question and 1t became
SO tiresome to Salmon that he turned In
anger to Woodson and told him that he
wished he would shut up. He received
a hot reply that he guessed he was not
the court and that he guessed he would
not have to until the court said so. This
SO angered Salmon that he was called
to order by the court for some hasty
remarks.
Tom Hughes, colored. was the first
witness called to the stand yesterday!
He stated that ne saw the defendant
at the Rock Island depot on the after
noon of the day Of the murder. On cross
examination no was asked II he were
cure 1t was the defendant he saw. He
replied that he was, but asked If he
might not be mistaken he said he might
be. This witnesses that followed were
colored people from in and around
Klondike Polk county. where the mur-
dered mars watch was found in the
possession OF Mrs Frazier, colored
boarding house keeper sne had been
given the watch the Monday after the
murder.
Some OF the most important testimony
of the day was given when Tyier's
sweetheart, Matte Freezer was sworn
and put on the stand. After stating the
usual questions as to name. age, place
of residence and ocupation Attorney
Salmon, for the state, asked: Are you
acquainted with the defendant 2"
Somewhat answered the witness.
How long have you known him.
Perhaps two years."
State to the jury whether or not he
was in the town of Klondike at or about
the 18th day of September last, or q few
days after the murder of DR.. B. H.
Failor?"
HE was"
What did he say to you?"
II do hot remember ALL
well, did he give you watch?''
"He did. / was standing in front Of
Mrs Branch's when he came up and
gave 1t to me-" The witness then iden
titled the watch in evidence as that
handed her by Tyler.
did you keep the watch?" asked the
lawyer.
NO, not then; handed 1t back to
Chester"
You did not keep 1t them"
Yes, gave 1t to my mother"
After telling Of the details of Tyler's
visit and of receiving the watch the
witness testified to the receiving Of
letter from the defendant afterwards,
wanting to know If the watch was all
right. AS it was in evidence that Ty-
ler could neither read nor write a mo-
ton to strike out the evidence as to the
letter was sustained. On cross-exam-
inatien the Frazier girl was asked If she
was not promised money to testify
against Tyler. She answered that she
was by whom and how much?" II
don't now remember who 1t was, but I
was to get $780," was the reply.
The girls mother was the next Wit
ness to follow and told of the getting of
the watch from her daughter to keep
for Tyler, and as she had no safe place
to keep 1t che gave 1t to her son-in- law.