Mower County transcript., 1903-01-14
BELL MURDER } / TRIAL /. ! / !. !.
The Case Goes to the Jury Thursday
sEveaang. Verdict Of GUILTY. At
ter Twenty Hours Deliberation.

The criminal case, State against
Frank w. Bell, for the manslaughter 5of |
Nels S. Green at Elkton station, last |
September q, was on trial at the ad--
journed term of district court last week
untX Thursday evening when it was
giveh to the jury. The jury after being
out all night and Friday forenoon came |
in to court at 2:3O Friday afternoon
with verdict of guilty of manslaugh-
ter in first degree as charged in the
Indictment with recommendation to
the mercy Of the court. A stay OF
sentence was asked and efforts for a
new trial will be made. The jury con-
sisted of H. G. Trowbridge, Lyle, chair
man; 1T. Lehman, Racine, Clark Hem
street, p. X. Wilder, Chris Johnson, N,
E. Pace, Lyle township, John Fegarty,
j. D. Minshall, j.. E. Barber, Peter
Hanson, o. H. Hanris, Frank Ward,
Austin city. &aE 2 Z. ~
The manslaughter grew out of a
controversy over ,demurrage charged
on carload of lumber at Elkton
station. The car arrived August 80,
and six days later on the following
Thursday the tragedy occurred. The
lumber was consigned to- Aylmer Cole
of Bellevue, Iowa, who had a farm in
Grand Meadow township and the lum-
ber was to be used in putting up build
ings there. Green, a brother-in law OF
Cole, came after the lumber and not
getting it out of the,car within there
quired time as claimed by the railroad
company, Bell, the C. 6. w. station
agent, sealed up the,car holding back
what lumber was not yet unloaded nntil
the demurrage was paid. Green at
tempted to open, the seal;acting under
telephane instructions from Cole. The
trouble grew out of this. Bell insisted
on the payment of the demurrage be-
fore the lumber was touched and words
followed. Green struck Bell across the
mouth with stick he!had picked up
and Bell started to run away. Green
/. Spt follewing and at length Bell drew
his revolMer and shot him and when
Green still persisted in following him
with the stick Bell fred again and md
j from the results Of thesestWo wounds
Green die6 shortly after wards. -
Aylmer Cole, owner Of the lumber,
was the first witness. He testified re-
garding talk with Bell THE station
agent about freight changes on the
lumber and also about the 'demurrage,
Cole claiming that the car was inacces-
>sible when 6rst'set in and also that a
holiday had interviewed so that demur-
rage had not yet accrued. He also
,testifed that on the morning of the
tragedy, he was in sGrand Meadow and
when Green telephoned him about the
demurrage, Cole telephoned back to
Green tu .y9eak the seal if necessary
but get the lumber.
Samuel Swenson, Eumber agent at
Elkton, testified regarding location of
cars there on Sept 4, He saw the
tragedy. Heard Green say there would
be fun if agent Bell did not let him
have the lumber as Cole was lawyer.
Green and Bell came fro1a the station
to the front of the lumber car. Bell
told Green: "You shan't break the
SEAL" Green said he had licked a bet
ter man than Bell. Bell replied: "We
don't want any quarrel over this mat
ter but you must not break the SEAL"
Saw Green with stick in his hand.
Heard shot. Saw Bell with revolver in
his hand, they were eight or ten feet
apart, Green followed Bell about 35
feet before second shot was fired. Saw
blood ON Bells mouth and lips swollen.
George w. Eastman was coming
down track toward station when he
saw Green and Bell quarreling near
lumber car door. Shortly after, he saw
Green strike Bell with a club, shortly
after the blow he heard a shot, only a
short time after, the second shot was
fred, Green had the club all the while
and continued to follow Bell after the
first shot, Saw blood on Bells mouth
and lips swollen. :.. .,
!, Samuel Graham was coming down
the track with Eastman. Saw Green
and Bell talking excitedly and antici-
pated that there would be trouble be-
tween them, Green and Bell were shak-
ing their fists at each other, saw Green
pick up a stick, saw Green follow Bell
up the track "a or 25 feet apart, saw
Bell pull revolver and turning partly
around fire at Green, Green staggered
/. forward and Bell fired a second time
and Green fell. When Graham re-
monstrated with Bell for the shooting
Bell showed him his bloody mouth
! and said: aSee where he hit me with
4 the stick. !" '..s.:s Dbl @.&
Bertha Rutherford, bright little