Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-01-21
|ON[N Balls FATE
N JURY'S HANDS
Jury Retires Shortly After
O'clock to Consider the
Evidence
BALL MAKES a GOOD WITNESS
His Mother, on the Stand for the De-
Tense, Also corroborates His Tcsti-
mony and Attempts to Prove an Abb
State Considers Defendants Story
Improbable.
ImprobabIe

MF ss0S
State Considers Defendants Story
Improbable.
The late of Owen Ball, who has been
on trial in the district court, before
Judge Obed Caswell. on a charge of
burglary, is in the hands of the jury.
The twelve men who have been listen
ing to the evidence retired for their
deliberations shortly after 2 o'clock,
and at 4 had not yet returned a YER
dict.
The state closed its direct evidence
at about 8 Tuesday afternoon. and that
OF the defense was begun. The defense
rested before adjournment Tuesday
evening, but this morning opened again
to ask the defendant a few more ques-
tons. A short re-cross examination
was given by the state. in order to dis
prove some of the defendants state
ments. The rebuttal of the state then
followed, City Marshal Nicholson being
introduced to show that Balls state
ments differed now from those made
at the time of his arrest. "Al' Freder-
lex and Ham" McGoogan, proprietors
OF a North First avenue saloon, were
also used by the state to show that
Ball was not known there, and to the
knowledge of the proprietors had never
visited the saloon, as he had claimed.
e. j. Robb, of Robb Bros, testified in
the rebuttal hat apartments in his
place Of business had never been rented
men OF the description furnished by
Ball as John" and Elmer" While
Ball made a good witness in his own
behalf. his story was considered so
improbable that the state paid but lit
tie attention to 1t, allowing the evil
dence to go before the jury practically
as drawn GU by his attorney. Attic
the state did not succeed in tangling
did prove that a number Of contradict
tory statements had been made.
The arguments were begun this
morning at 10 o'clock, when County
Attorney F. e. Northup opened for the
state. He spoke for a half hour, when
the defense's argument was begun. 1t
lasted until the 400 adjournment, and
at 1870 this afternoon the closing ar
gument for the state was given. The
case went to the jury shortly after
2 o'clock.
The Oefense's Testimony.
Mrs. j. II. Ball, mother of the young
man, was put on the stand earlier in the
afternoon and made an excellent witt
ress. She told of the habits of her son,
of the finding OF the stolen property in
his room, and of the conversation with
her son regarding the same at the time.
She stated that her sons habits, so far
as h knew, were good. altho he had
been accustomed to staying out late al
nights, more or less. She testified that
during h week previous t Sept. 80.
when the robbery occurred, her son had
spent most of his evenings at home, ex-
cepting Saturday night of that week.
She also told OF finding the stolen goods
in her son's room, and on Questioning
him, he stated he had taken them as Sc
curity for a loan from two strangers.
She also cautioned him hat perhaps
they had been stolen, and hat he might
get into trouble IL they were. His re-
ply was that he did not think they We're
stelen.
On cross-examinatlon her statements
were not shaken excepting in slight
details. She apparently told a straight
forward. honest story OF her knowledge
OF her sons doing, and showed plainly
the mental anxiety for her sons well
fare.
Owen Ball. the last witness intro
duced by the defense, told of his move
i - ~. "a, ~ 1n%ofI frNvr, - ~ ~ rl Nx,1 1s,Aa1yn
before the robbery occurred until the
day after when he claimed to have
taken the goods in exchange for a loan
OF $3.50. He stated he had met the two
men three times before the night Of the
robbery; the first time being in a South
Third avenue saloon. He met them at
other times and each time they drank
together in some saloon, or played pool
III one of the Main street billiard par
lors. On being pressed in the cross
examination, as to the names of the
men, ne stated he had never heard them
but once. and altho lie had been with
them three times did rot remember. He
gave their given names as John" and
Elmer" and thought one of the ur-
names was either walters" or Wa
ters," but was not certain. He was able
to tell the exact amount they had spent
on each of the several visits to the Va
rious saloons or pool rooms. He testi-
fed to receiving the stolen goods, 10
knowing they were stolen, from the men
in a room over Robb Bros restaurant
on North First avenue. This was on
the Monday evening after the burglary.
He stated he was accosted or the street
while on his way from work in the
evening and asked sor the loan. The
man offered security n conducted
him to the room to show him the goods.
He testified that he osked nc questions
as to whether they were stolen or not.
In exchange for a loan of $3.50 he re-
ceived a watch, a few silk handker-
chiefs and rings, several of the latter
being given as interest for the loan.
The men, he claimed. told him they were
peddlers, and he ha5 not seen them
since that night. He stated he wore the
watch and chain, sold a few of the rings
to his brother, and gave two to a young
lady friend. He also admitted he car
ried several of the rings in his pocket
and attempted to dispose of them.
Altho closely cross-eXamined he
stuck to his story, and while he seemed
a trifie nervous when on the stand, his
story was not shaken excepting in
minor details. He seemed to remem-
Der, with more than ordinary distinct
| ness. the details of his meetings with