Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-12-19
Defense Begins Taking of Evi-
dence In the Porter Murder
Trial at Newton
ATTEMPT TO PROVE INSANITY
State Has Proven Clear Case of MUIR
der. but the Question of the Prison
er's Sanity is the One Upon Which
His Conviction Will Hinee-The Evil
dence.
Special to rimes-Repuplican,

Special to Times-Republican
Newton, Dec. 19.-After weaving
around M. w. Buck a net of evidence
from eye witnesses to the shooting anc
from those who were on the spot soor
after it happened, which leaves no pos
sibility Of the doubt of the prisoner
guilt, the state at 11:25 o'clock this
morning rested it's case. BY score OF
residents Of Newton who beheld BucR
shoot Porter down, and by others who
were drawn to the scene by the noise
of the revolver shots the state has
proved and brought all the details OF
the tragedy.
1t will not be a question of Bucks
guilt or his innocence that the jury
will have to decide, but whether or not
at the time he was insane. Around
this point the defense has amassed its
testimony. and will endeavor to prove
that for months previous Buck was
mentally unbalanced.
State Closes Its Cases
The state closed it's case after the
examination of Mrs. Mary Mean, DIR.
Chase, A. III. Brown and William Dunt-
ley, the latter son-in-law Of Porter.
OF all the witnesses who saw the kill
ing none gave a better account of the
details than Duntley. He testified to
having seen Buck and Porter go toward
the park on the day Porter was kill
ed. and only short time before it
happened. He was a short distance
away, and having known of their hav-
ing had difficulties before went to-
ward them. When but a few PAGES
away he saw Buck draw the revolver
and fire at his father in-law.
Terrified by the action Duntley
shouted as he ran Buck for Gods
sake don't shoot" He aid Buck shot
three times then, turning to Duntley
he said: IF you don't keep still I'll
shoot YOU The fourth shot was fired,
so Duntley says. moro in his direction
turned again toward Porter, who Grip
pied down to his knees fell. Continuing
he said Il rushed up to Porter, but he
gasped but once after I reached his
side and was dead" "A. II, Brown
then rushed up" he said land told
Buck to give him the revolver" "Gf
you will protect me / will give 1t to
you" replied Buck, "altho then the gun
was empty He was, cross -examined
exhaustively by the defense but his
story remained the same.
Defense Begun.
The defense began its case by call
ing six witnesses who will be used to
show Bucks mental condition. The
first one called was Mrs. Lewis Simp-
son, of Des Moines school teacher to
whom Ruck went to school in 1890 and
'91, She sad that during the spring of
1891 Buck had to be often excused
from school on account of headaches
and he did not seem bright or apt IN
his studies. She told of visiting at
Bucks home afterwards and while
there Buck came into the room. ana
from appearances did not seem to know
what he was either, doing or saying.
1t was her opinion, SO she TESTIFIED,
from what she knew of him that ne
was not then of sound mind.
Mrs stella Heating. Formerly res1d-
ed at Prairie City; was in Prairie City
May 9; heard five shots fired; ran out
of restaurant, heard Porter say ON
don't: saw Porter fall after last shot.
C. S. jerks, hardware, Prairie City.
with both; saw them IN
park a little before o'clock; saw them
after first shot; Porter had hands rails
cd. thew were about ten or fifteen feet
anart: saw three or four shots after
Porter nut up his hands; Porter stag
gered and fell Cross examination
was about 225 feet away when shoot
ing occurred; Porter west and south
of Buck; heard Buck say: have
killed Satan; heard nothing else said.
A. Yuill, Prairie City. Knew both
PARTIES; saw both about $3.50 standing
near Mayor ellis office; Buck talked
with me that same day about Porter;
came down to the depot and told me
that he had a good case against Por-
ter; that Porter had $4,000 in bank and
thought he could get it; Buck and
Porter came to me about a week before
and wanted me to go with them to the
oostoffice, and help them settle their
trouble; Porter and 1 went, but Buck
Hid not come; Buck told me next
that he could not get his man
Russell to come; he told me that he
lad got Mrs. Williams to make this
ibel against Porter; told me that Por-
er and him were going to fix it up
,ext day; said that Porter got hot
lbout this libel.
Mrs Bell Stirling. Know them both;
saw them in park about five or SIX
eet apart; heard five shots; saw Buck
standing with revolver In hand, after
bird shot, and saw him fire two shots
It Porter; Porter had left hand up
ryine' to shield his face; Porter said:
oh. don't shoot; as Porter stepped
Jack Buck stepped forward; saw Will
lam Duntley in park about time of
bird shot; saw Porter fall after fifth
hot: Buck stood composed until Brous
md Coffey took him to calaboos.
Mrs. Florence Haldenberg, Prairie |
'ity. Know Porter, but not Buck; saw
10Th in park; heard shots: Porter fell I
fter last shot; Porter held UP left
and and said: ooh, don't shoot; af- |
erwards heard three or four shots but
ont know who said it; don't believe it |
7as Porter; heard loud talk, looked
round and saw Buck holding revol-
er on his right side.
DR.. j. M. Porter, Prairie City. No
elation to William Porter; talked with
luck about this matter May 6, 1904;
luck told me that Porter was accus-