Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-11-19
Defendant In the Murder Trial
at Montezuma Testifies In
His Own Behalf
SELF DEFENSE is HIS PLEA
Claims to Have Had Reason to Be-
Iieve His Life Was in Danser-Wife
corroborates the Prisoners Evidence
Court Asks Some Pertinent Cues
tiops-case is Nearing Close.
Special to Times-Republican.

Special to Times-Republican.
| Montezuma, Nov. 19.-Good progress
has been made in the trial of George
Mitchell for the murder of John Par.
ker. Nearly all of the direct evil
dence is in and it now looks as IL the
case will go to the jury some time
Tuesday After a short session this
morning court adjourned until Monday
afternoon at 1880. The defense has
| endeavored to prove that Mitchell had
reason to believe his life was in danger
/ and that the shooting was done in
| self defense. Mitchell and his wife
were both examined and their stories
were in the main an effort to show
/ that Mitchell was first attacked and
that he got the gun only when he be-
lieved he would be again attacked. An
interesting incident in connection with
Mitchell's testimony was his recall and
questioning by the court. The judge
| asked the prisoner why he went back
ITO the house and got the gun and
Mitchell stated he did so to protect
himself and family. The court then
| asked if he did not think he could
have protected himself just as well by
staying at the house instead OF re-
| turning to the barn. The question dis
concerted the witness, who replied that
he did not know.
MitchelPs Evidence.
After short adjournment yesterday
afternoon, George Mitchell, the defen-
dant was placed on the stand and
gave his version of the happenings on
that eventful day. His story began
much as previous witnesses had given
but soon began to vary in many res
poets. He told Of an alleged cruel
beating administered to himself by
first John Parker, then the elder Par
ker coming to his sons assistance;
said they threatened his life and finally
chased him nearly to the house, beat
ing him over the head all the way with
the butt of a buggy whip. He said he
called to his wife to bring his gun,
which she refused. to do; that he was
in the house but few minutes got the
gun and started back to the barn
where the two Parkers and his land
lord Sparks We're; that when they saw
him coming, John Parker picked up
fork and ran at him: that Parker
\
of the fork one tine entering his right
cheek; struck the cheek bone. Then
| the gun was discharged; he could not
say whether> the fork hit his face be
| fore he shot or whether the stab of
the fork and shooting were simultan-
eo,ls.; that the shock Of the blow on
his face pushed his head back so he
could not see where the gun was point
| 4 Of "a crY1p was
involuntary on his part. He fell near
| ly down backwards, at least to his
! knees; that Parker staggered away
from him; that he took the gun, re-
turned to the house and put it away
and taking his wife, whom he said was
scared almost to a frenzy, sat down on
the porch on the opposite side Of the
house a short time. Then they went
| together to the house Of neighbor
nearby and staid there till an officer
came to take him. He did not know
till then that his shot had done serious
damage.
On cross examination Mitchell stat
ed that when John Parker ran at him
with the fork it was a Ave tined fork,
and the elder Parker was following
with the whip that had been used ear
Her.
Again, that B. Parker had a three
tined fork and John had cur tined
one; then that John Parlle. "a a fork,
did not know how many tines and did
not know what Johns father had.
George Mitchelrs wife was examin-
ed today and told very straight story
agreeing with her husbands story in
the main, and on cross examination
was not shaken. j. H. Patton. attor-
ney for defendant, was placed on the
stand He had been to a good deal
of trouble to post himself as to the
geography Of the place where the trag-
edy occurred; had made a plat OF it,
and was given such quiz on his plat
that 1t brought perspiration from his
brow and caused much amusement for
the many spectators. Then Mrs. Nit
chell was recalled. Her testimony Is
still being taken at 1880 p. m. This,
it is said, will practically conclude the
direct evidence. The other witnesses
will be used mostly to show the char
acter and general reputation of both
the accused and John Parker as to