Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-04-30
Llvix EVIDENCE ENDED.
Case Will Go to Jury Sometime Tomor
row-Today Spent In Defence.

Case Will Go to jury Sometime Tomor.
row-Today Spent IN Defence.
Special to Times-Republican.
| Ayoca, April 30.-After the examina-
ton of two unimportant witnesses in
| the McDaniel-L -Livix case this morning
fthe state rested Its case. The defence
|continued the evidence Of Drs. Emmert
and Hardman in an endeavor to prove
that person whose throat was cut az
was that of Barney McDaniels, could
not utter sound. They were consid-
erably mixed by the cross examination
and finally admitted that sound could
| be made in that condition and that
words could be articulated. The
l18-year- -old son OF Defendant Mrs,
Daniels was called to the stand the
ltime of adjournment for the noon re-
cess was being subjected to direct ex-
animation. It Is now expected the casS
will go to the jury sometime Saturday.
| Smiths Testimony.
A. w. Smith, farmer living in tho
country west OF Carson, was the first
witness called. On direct examination
he testified that on the day McDaniel(
met his death, he was enroute to his
home, which was then near Emerson,
from the place where he at present
| lives, and that it was necessary for him
| to pass along the road leading past the
lMcDaniel's home. He stated that it was
about II o'clock In the forenoon when
he came in front of the place and saw
Mr. McDahiels run from the house,
which is about 260 feet from the road.
and saw him fall from loss of blood.
about two or three rods from the fence.
He further stated that while McDaniels
ran toward the road he beckoned to
him and called out: They did 1t"
several times; that he noticed horri-
bic cash in the left side. Of the mans
throat and that after he fell he saw
| him a number of times pick up snow
and put 1t in his mouth indicating that
he was suffering from a terrible thirst
such as is common to persons suffer-
ling from the excessive loss of blood
Mr. Smith said that as soon as he could
rein his horses UP at a post he tied
them, and was making ready to go thru
the fence to the assistance of the woun-
ded man, when the defendants ran from
the house and informed him that there
was no use of him volunteering his ass
sistance; that McDaniels had commit
ted suicide and was past all hope CT
recovery, They, however, asked him
to turn his team around and take Liyix
to town to call a doctor; but about that
time John Burger, a Mills county far
mer came along going towards the town
land he took Livix in his buggy and
started for the town.
After that he stated that he stood and
talked to Mrs. Daniels, for some min
utes, and being assured by her thar he
could do no good by staying, started on
down the road; not however, until af-
ter she had given him something of
history of the troubles between her and
her husband, she making statement
that he had during the past winter
threatened to kill her and Livix, and
had grossly insulted her son by for
mer husband.
Mr.. Smith was also quite positive
that Mrs McDaniels expressed no sor-
row over the supposed death of her
husband; that she talked to him as
though the matter was one of perfect
indifference to her, though she seemed
anxious that he should depart from
the place. After leaving the place he
said he continued on south, but soon
looked back and saw the woman run
ming from where her wounded husband
way lying toward the house.
Funeral Bishop Frederick w. Taylor.
Springfield, ILL.,, April 30.-The funeral
of the Right Rev. Frederick William
Taylor, bishop of Quincy, took place to-
day from ST. Paul's cathedral, where
the deceased had been rector from 1883
to 1901.
Elk Senator Hiram p. Shumaky died
here today of pneumonia.