The Leon reporter. (Leon, Iowa) 1887-1930, 1903-05-07

lations between Livix and Mrs. Nc.
Daniel
Ada Murray, daughter of Jack Muir
ray, testified to practically the same
thing her father did.
William Thomas, a former neighbor
and who at one time lived in the same
house with Livix, testified to the illicit
relations existing between the defen-
dants as long as three years.
Avoca, Ia, April sO.-(Special. )-In
the case of the state of Iowa against
Mrs. Ella Mcdaniel and A. Nj. Livix,
which is on trial in the district court
here, the state rested after the exami-
nation of two unimportant witnesses
this morning.
The defense at once commenced the
introduction of testimony, and first in
oduced Doctors Hartman and Emmert
OF Avoca, in an effort to dlsprove the
testimony of experts for the state who
yesterday testified as to the ability of
one whose throat was cut, as Barney
McDaniel's was shown to be, to utter
sound and articulate. Under direct
examination these gentlemen we're quite
positive that person so injured would
be unable to talk. Under oss.exami-
nation, DR.. Emmert, however, admitted
that under certain conditions where a
person was so injured he could utter
sound, and that uttering such sound it
could readily be formed into words,
thus very materially weakening the
defense, the attorneys for the defense
aiming to show that before leaving the
house McDaniels had suffered such
wounds that he would be unable to
talk-thus discrediting the story told
by "A. w. Smith, who passed the Nc
Daniel home just as the wounded man
: ran from the house.
Grover Blakesley, the l6.year. old son
of Mrs. Mcdaniel by former husband,
| was called to the stand. He testified
that Barney McDaniels was taken i'll
between 6 and Z O'Clock in the morning
with pains in the head and back, and
that he was soon selzed with conyul.
sions, which were so violent at times
that it req uired the united effort OF Mrs.
Mcdaniel. Mr.. Livix and himself to
hold the sick man on the couch, where
he was lying. He also said that he was
later seized with violent vomiting, and
| that much matter of white color was
expelled from the stomach. The wit
ness said that Mcdaniel continued to
have convulsions until shortly before
II o'clock, and that all of that time the
wife, Mrs. McDaniels and Livix we're
waiting on the sick man. He further
stated that on or before IL O'Clock Nc
Daniels stated to the three that he had
taken strychnine, was going to die, and
tn at there was no use of them giving
him any further attention. When this
announcement was made, he said Livix
went IN another room and prepared to
to go town fora physician, the wife at the
same time going into another room to
secure cloths with which to bandage the
head of the sick man. A moment after
having left the room with Livix, he
said there was a commoiioE in the
| room where McDaniels lay sick, and on
rushing to the door to find the cause he
beheld Mcdaniel still lying on the
couch with his throat cut in horrible
manner and blood flowing from the
wounds in large quantities. He detailed
how Mr.. Mcdaniel then ran from the
room and down through the yard, very
much as has been done before in these
dispatches. He told how Livix and his
mother ran down to where the wounded
man fell, to his seeing Smith and Bur-
ger, the two farmers come up, and as to
Liyix going with Burger to town to call
a physician. He was, on cross.exami.
| nation, made to make statements as
above outlined that the defense has
| denied from the first. A number OF
| other witnesses were called to establish
| the exact location of the place where
| the dead man fell and to impeach the
| testimony of Jack NJ urray, who had
testified for the state as to the lewd con.
duct of the defendant.
All evidence WAS fully submitted at
4:15 O'Clock, and Attorney G. w. Culli-
son began the open argument for the
state, occupying the full time to ad.
journment at O'Clock.
| Attorney L. T. Genung, Of Glenwood.
will open the argument for the defense
at 8 o'clock tomorrow morning and ex.
poets to occupy nearly if not all the
day. He will be followed by County
Attorney Kiilpack, of Council Bluffs, for
the state.
Itis now expected the case will be
submitted late tomorrow evening, OF
early Saturday morning. An early yer.
| dict ia expected, Those who have heard