Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-01-14
Will SOON KNOW FA|[.|
Trial of Phillips and Brooks
Comes to an End at Storm
Lake Today
IN HANDS OF JURY TONIGHT
Evidence All in and the Pleas to the
Jury Being Made-Attempt Of De-
tense to Discredit the Testimony of
Dr.. Knees Fails-Ahstract of the Con-
Guiding Testimony. sl.4 ~

Guiding Test'mony' elal
Special to Times Republican.
Storm Lake, Jan. lathe fate OF
Phillips and Brooks, accused of the
murder Of Marshal Sundblad of Albert
City. will be known probably before TO-
morrow morning. The evidence IS all
In and the arguments are being made
to the Jury this afternoon. The defense
this morning presented transcript OF
the former trial to show the discrep-
ancy between the former and present
testimonies OF some of the Witnesses
and brought three witnesses from Fan
ora to impeach DR.. Knees reputation
for truth and veracity. The testimony
of the Panora witnesses was stricken
out and the defense rested its case. n.
f. Schultz, county attorney, then ad-
dressed the jury for the state, urging
that IL we expect peace officers to pro-
tect us from outlaws we must, protect
them to the full extent of the law. r..
F. Faville, for the defense, addressed
the jury, urging that the attempt at ar
rest was unauthorized by law. The case
will probably go to the jury tonight. An
abstract of the concluding testimony
for the state follows:
August Lundgren was q member OF
the posse which captured the defena-
ants The men, While in the corn
field, said, Don't shoot" When the
men came in they said, Its up to you.
boys" Had a team in the pursuit.
Radcliffe shot three or four times at the
fleeing defendants with 44-caliber
rifle, fifteen or eighteen shots. He was
sometimes 100 rods away when he shot.
Poulson also shot. In the corn field the
defendants said. Come and get u.s..
The posse answered, You come out.
Gulbrandson came back with witness.
One revolver shown witness resempied
one which was captured In the corn
field, but witness was not sure OF the
others. After the men started In one OF
the posse fired at them.
DR.. Knee Is absent in Oklahoma, and
could not be had, SO the official report
of his testimony in the other trial was
admitted instead. Iodine said to a
crowd Of us, I'VE have robbers in the
depot: come and help me to arrest
them" The robbers in the depot began
the firing. None OF the posse fired in
the depot except Gulbrandson. Wit
ness hat was shot thru. 1t had no hole
thru it when he entered the depot, but
had when he came out. AS Sundbiad
went toward the car, southeast of the
depot, his left arm hung limp. Pres
emily witness saw a shot from the de-.
pot; saw the smoke and the flash, and
almost instantly Sundblad Quivered
and walked over to the elevator. Wit.
ness went into the depot after defends
ants retreated and found sixty four
shells on the floor. No shots had struck
either in the floor or the ceiling None
were higher than five feet and none
were lower than two and one-half feet.
C. ]. Parker. sheriff of Buena Vista
county, identified various articles cap
tured In connection with the prisoners,
revolvers, razor, pocketbook. pouches,
rubber bag, saws. and other articles,
testifying of whom he received them.
that he turned them over to the grand
Jury In the same condition in which
he received them, and that they are in
the same condition now that they We're.
except that the revolvers were unloaded
and the rubber bag empty.
j. J. jacobson, clerk-Identificatio of
same articles expected to be proved by
this witness was admitted by the de-
Tense. So.
State then offered these same articles
in evidence. Defense objected, to each
and every one OF them.
Charles Lingren, now of Graymont,
Iowa, lived in Albert City Nov. 16, 1901;
had been running the south elevator
there about three months. Had known
Sundblad. First saw him that after
noon near the depot door; was 300 feet
away. Sundblad and Gulbrandson were
in the marshals posse. Suppose it is
300 feet from the south elevator to the
depot door, but would not be sure with
in 100 feet. When the firing began
witness ran back to the driveway of the
elevator; turned and saw John Sund-
blad and Otto Johnson standing hef1ind
a freight car on the side track near
Johnson's elevator. Saw Sundblad fire
once; do not know whether he fired
more than that or not. Saw three men,
he thinks, standing in the depot door,
firing in the direction of Sundblad. Inn
mediately after the shotS We're fired,
saw Sundblad stagger and reel. He
then went into the elevator Witness
saw him there wounded. Presently he
was carried away.
A. j. Englund, OF Hurley, S. D., was
called by the state, but as he had not
been before the grand jury defense OBJ
jected that proper notice had not been
given; court sustained the objection.
The state had hoped to prove the iden-
tity of the rubber bag by Englund. and
upon this ruling the state withdrew the
rubber bag from evidence and rested
its case.
CHARGED WITH HORSE STEALING
John Bauer, of Dubuque County, Under
Arrest.
Special to Times-Republican.
Dubuque, Jan. 14.-John Bauer, who
resides in Center township, was ar
rested early Monday by Jailer Rawson,
While he was on his way to Key West
the jailer overtaking him a short dis