Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-04-01
DEFENSE MAKES MOVE
Asks Elimination of Testimony
Before Coroner's Jury In
Wescott Trial
SEVEN WITNESSES EXAMINED
Trial Has Now Been on Three Days
Coroner Put on the Stand to Testi-
fly as to What Developed at the In
quest Held Over Losue's Body Sen
timent Against Prisoner.
Special to Times Republican.

Special to Times Republican.
Mason City, April IA sensational
| incident In the case of the state agains
Martin Wescott for the murder OF
George Logue occurred today when tht
Iattorneys for the defense moved to
strike out the testimony before the corr
toner's jury as part of the evidence In
the case as insisted upon by the state
| UP to the Introduction of the corone,
and the sheriff of Worth county, the
state had not introduced any damaging
| testimony. Logue came to his death
on the night of December IL at Han
| lontown, either from falling out of his
| upstairs window, sixteen feet to the
| frozen ground and rocks below. While
he was drunk. or else he was killed by
a blow on the head and either fell or
was thrown from the window AT the
coroners inqnest the night of the l2th,
after having given evasive answers, he
was turned over TO the sheriff. who took
him to a hotel slept with him, hand
cutting the prisoner himself and secur-
ing confession. The trial has been
on now for three days and seven wit
nesses have been examined. Martin
Lewis, the first witness, testified to the
trouble he had with Wescott the night
OF the supposed murder. He told of
Wescott having been somewhat under
the influence of liquor, and TO have pro-
vok@d a quarrel with him in the Logue
barber shop. Lewis. although much
smaller than Wescott, knocked him
down three times, and Lotyue interfer-
ed and was roughly jostled by Wescott.
Lewis also established his own where
abouts between o'clock and 11.20, the
time Logue was found lying on the
ground. George Winchell. the butcher,
testified to having seen Weseott and
Logue partially drunk at his butcher
shop about eight O'clock that evening
and heard a racket in Logue's shop
about $3.50. At $40 Logue came in for
some matches saying he guessed there
would be a rough Hghtup." Winchell
saw him light all the lamps in his bar
Der shop and seeing no signs of the
rough house proceeded to work At
$50 he heard the breaking of the glass
in the shop window and on going out
saw Logue pinning BARRIERS apron
over the hole in the window He saw
no one else In the room.
Henry Panlsen, the liyerynlan, testi-
fed that Wescott came to his barn at
8: 80 and saidehe would bet him he could
name a fellow with a sore head and
took his team and drove away to Fer
tile. with Helm, the poolroom keep
er.
L. @. Sherman, a former newspaper.
man endeavored to establish the fact
that he had seen Wescott about 9:15
in LogGe's barber shop with dis back to
the window; that some one seemed to
be on the floor pounding with his feet
and that tfer. We're low inarticulate
sounds of one mans voice. The de-
Tense made a monkey out of Sherman
and his testimony was nil.
Dr. Phillis who was called testified to
having been called to see Logue. having
trephined the fractured skull and hav-
ing found three fractures, which he
thought Indicated not the result of
fall but of more than one blow from
something like club. The defense ell
cited from him that there was posi-
bifity that the fractures might have
been made by a single blow or fall bul.
it was not probable. The defense also,
established the reasonable probability
from the witness that If Logue hao
been killed at 9:15 before Wescott went
TO Fertile that there would have been
no swelling about the eye two hours
later. when Logue was found and that
the fact that the swelling on the eye
which developed rapidly after Logue
injury not more than half an hour be-
fore.
Late yesterday afternoon the coroner
was put on the stand to tell what de-
yeloped at the inquest. Wescott was
called from his home Saturday night
before the coroner's jury, about IL
o'clock, and seemed to know some
things we'll but always forgot about the
alleged murder He was turned over to
the sheriff about in the morning and
the sheriff claims he told him that he
(the sheriff. did not see how 1t was
Wescott could remember everything
but the fact of his having murdered
poor Logue, whereupon he said he
(WescotD must have had 1t in for him.
Next morning after he had been hand
cuffed to the sheriff all night he wanted
to make clean beast of the
whole affair and the sheriff told him to
tell the truth. The coroner declared
that although Wescott was told by the
assistant county attorney that he need
not make a confession of sign he state
ment that Wescott signed. the same
telling that Letgue came at him with
chair and he struck him with the bot
lie and Logue fell thru the window. al
though he tried to catch him. 1t is
this statement that the defense attempt
ed to throw out on the claim that the
man was frightened by Lee, the sheriff,
In making a few statements as to what
he might" have done while he was
drunk, but which he did not remember
at all Of doing. The fact developed to-
day also that the people at Northwood
think there was no necessity for hay-
ing the trial transferred to this county,
but the sheriff and others declare tina,
everybody there had formed an opin-
ion and seemed determined to keep off
the jury, although they wanted to have
the defendant tried there Sentiment
is all against the prisoner at North
wood, it is claimed
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