Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-02-01
N[|GHNAN WINS POINT
Courts Decision OH the Admis-
sion of Certain Evidence Is
In His Favor
DEETER's DYING STATEMENT
After Long Argument on Both Sides
the Judge Decides 1t Cannot be
Admitted as Evidence by the State
Public Opinion Favors AcquittaI-
Iowa Happeningsi
TO Times-Republ,can

Special to Times-Republicah
Spencer, Feb. LIN the trial of Con-
rad Weighman for the murder OF III.
n. Deeter E. S. George and N. Gang
field were recalled by the state TO tes-
tify further as to the condition oil
peeter mt the time he made his dying
statement The statement was again
offered by the state and objection was
made by the defense. The objection
was sustained. II. r. Gangteld ana
ID. w. Cameron were called ana gave
testimony along the same line ana the
objection Of the defense to Its admls-
sion was again sustained. The state
rested.
The defense introduced as It's f1rst
witness Chris Jensen, the postmasie'
,, at Grnettinger, who testified that
saw the letter written to j. A. Sple
asking that $1,000 be deposited in u
weight box of the stacker on Marc
81. about q. M, caught in the sic
opening into the mail box He posi-
marked it and put it In Spies box. M
Spies showed him the letter after h
| had opened 1t.
| On cross examination he said tina
| he remembered this particular lettei
| because it was crimpled and caught II
| the opening of the box. 1t was tn
only one there that morning. The let
| tiers in Spies name were made back
ward.
| Most of the time of the court Tues
day was taken up by the attorneys in
arguing points of law. j. A. Spies
was on the stand when court adjourn
| ed.
| Street opinion is that Weighman will
be acquitted.
Deeter's dying statement. which
the court refused to admit as evidence
| for the prosecution, is as follows:
Deeter's Dying Statement.
State of Iowa, Palo Alto County,
/, H. N. Deeter. of Paio Alto coun-
ty, Iowa, being sick and not knowing
whether / am about to die or not, but
believing that ! may die at any time
and being first sworn, so make this my
true statement in relation to the facts
and circumstances of my being shot
and injured to-wit:
On Saturday morning, the second
day of April, 1904, ! got up about 6 o.
clock a. m. l built a fire first and then
saw some ducks flyin& east of the
house. l took my gun and went over
toward a pond. almost straight east of
the house. When l got over to the
pond l saw muskrat, so shot that:
II shot did ranD6 aud
one barrel was yet loaded. Then l went
over to my stacker and went up to the
stacker and looked into the weight box
to see If the wrenches We're there. I
was going to take the stacker apar;
after breakfast. / saw a package there
picked it up. My first thought was
April fool. 1t was in white envelope
with a rubber band around it. / pick
el it out and doubled the flap back,
and ran my finger across it. l saw 1t
looked like newspaper clippings.
held it in my left hand and stepped out
Of the stacker and started toward an
other slough.
Then Coonie Weighman jumped up
on top of haystack ordered me to
throw my gun down. I was holding it
in my right hand, and my arm was
hanging down to my side. turned fac
ing him and he said: Il will shoot
you if you don't throw your gun
down." Just then he shot. The shot
struck me in the right side and right
arm.
The gun dropped out of my hand
and he jumped off the hay stack and
said: "You walk to town c. d