Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-06-08
Much Evidence Against Joseph
Usher, Charged With Muir
der of William Clarity
DEFENSE PLEADS FOR BAIL
II Was Finally Granted, in the Sum of
s25 ,ooo-onIy One Witness, Chief
of Police kozIovsky, Called by De-
Tense, For Whom There Seems Little
Ground For Hope.
Special to Times Republican.


Cedar Rapids, June S.-Joseph Ush.
Ell, charged with the murder of William
Clarity, is now prisoner in the coun-
ty Jail. AS was generally expected. the
defense called no witnesses save Chiel
of Police Kozlovsky. The defense ex-
pected that he would be put on the
stand by the county attorney and when
ii; was found that he was not to be
called by the state the defense called
him After having found out what ne
knew of the case, the defense promptly
rested.
The defense is therefore now in pos
session of the bulk OF the state tesu-
mony, while 1t has not disclosed what
Its own line of testimony will be. Ii
may be truly said that the state has
made a strong case. Every scrap OF
available evidence has been collected
by County Attorney MeEosa, who has
diligently labored on the case since last
Wednesday morning, AMI the evidence
was fully and strongly brought out by
him at the preliminary hearing. After
the last witness had finished his testi-
mony Saturday, County Attorney Me-
kota made a brief speech in which he
graphically presented the states case.
He pointed out that the state had two
strong lines of evidence Independent,
yet agreeing with each other in every
particular One Of them was the con-
fesson of Usher himself; the other the
chain of circumstantial evidence that
has been woven by the state, complete
in every link, and while entirely inde-
pendent of the statement made by Ush-
er, agreeing with it in every particular.
The storm, the time the rifle shot. the
notifying of the neighbors, the hiding OF
the rifle, the burning of the bed clothes.
In all these points the confession OF
Usher and the independent chain of eV-
idence woven by the state were idenu-
cal. Everything pointed convincingly
to Joseph Usher as the murderer OF
William Clarity.
Attorney Redmond took a very diff
frcn; ,iew. He said that every scra p
OF evidence which the state had pro-
duced that was material against Usher
was contained in the confession of Ush.
er himself. who had said that he shot
Clarity with rifle. But. said Mr. Red
mond, Usher's confession is a two
edged confession. He stated that he
killed Clarity, but he also stated that
he did 1t in self-defense. IL his state
ment that he killed Clarity was to be
credited, then his other statement that
he did 1t in self defense should receive
equal credit
Justice Rail said that he could not
agree with Mr.. Redmond that the
states evidence showed that the killing
had been done in self defense. He read
section 5000 of the code IF Iowa, which
says:
''All defendants are bailable, both
before and after conviction. by suffi-
cient surety except for offenses punish
able with death under the laws of the
state when the proof is evident or the
great"
Attorney Redmond pointed out that 1t
was left with the discretion OF the
court whether the proof is evident or
the presumption great"
Justice Rail said that If bail were
allowed at all it should lie in sufficient
amount and he would therefore hold the
defendant to the grand jury and fix the
q amount of hail at non