Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-01-28
THE N[|GHMAN TRIAL
Testimony Witnesses For the
State Being Taken In Clay
County Court
SYMPATHY WITH DEFENDANT
Gross Examination of the Witnesses
Seemed to Bring Out the Impression
That Weiehman Laborcd Under the
Belief That Ho Was Acting in Self
Defense.

Spencer, Jan. 2S.-Yesterday was
| full OF interest in the Weighman MUIR
der trial. During some of the testi-
mony the faco of the defendant was
| flushed, and his eyes sought the floor.
A few times when his attorneys would
have u states witness bothered, or
contradicting himself, shadow of
smile crossed his face. Public SYM
pathy Is with the defendant. The tes-
| timony taken was in substance as fol-
| lows:
| j. c. Molison stated on redirect OK
animation that he asked Weighman in
| the Justices office If Deeter offered re-
| sstant, and Weighman said mo" NJ
II. Axleton, a fur dealer OF Graetting
er, saw Weighman on April 2 in a cor
| ner saloon ut about o'clock. Weigh
| man said that he was in the haystack
from 4 o'clock, and first saw Deeter
| down by the slough. He came to the
haystack and took the package. When
| ordered to halt he walked toward
home. Weigmnan told him twice to
halt. and ordered him to throw down
his gun. He did not do 1t, turned
around and Weighman shot him.
Weighman said that Spies sent him
out. Weighman had worked with Dee
ter on the ice, and knew him.
On cross examination, he said: Il
have a copy of my evidence before the
grand jury, furnished by County At
torney Davidson. had another copy
which 1 wrote myself, after l testified,
from memory, after I got home.
cannot remember anything else
John Jones. Il liveryman of Graet-
finger, was at Mira Macs house and
helped to take Deeter home. He talk
ed with Welghman there, and asked
him how the man got shot. Weighman
said Jones, said: Il shot him.
| 1 asked him how it happened. He
said
Spies put me In the haystack to
| watch the package. Deeter came and
took the package and started away.
l told him to drop the package.
| told him twice to drop the gun. He
would not do it, and kept on going, SO
l shot him."
Weighman helped put Deeter into
the carriage.
After we went to Deeter's," said
Jones, MIR. Spies and / went to the
hay stacker about three-quarters of a
mile from Deeter's house. The stacker
stood about fifteen feet from the stack
We found Deeter's gun eighty feet
from the stacker, and sixty feet from
the stack. We measured 1t. We Rso
found a mitten on the ground beside
the stack. One barrel of the gun had
been discharged 1t was not cooked
| On cross-eXamination he said: I
have copy Of my testimony before
| the grand Jury. l don't know where /
got it."
William Bloom, marshal, testified
that he heard Weighman say that he
saw Deeter come from the house to
the slough and that when near the
stack he fired his gun. He did not
know what he shot. He did not see
any ducks He took the package and
| started home. Weighman said that he
told him to drop his gun five or six
times before he shot him. He made
Deeter pick up the package and march
| ed him to town.
The witness got considerably mixed
on his cross-examination. He had
neys since coming to Spencer.
Frank Luhman, German farmer,
met Weighman on the road and said
that Weighman told him that he shot
Deeter because he had to or get shot
himself. The witness asked him If
Deeter took aim. He said NO." that
he did not have his gun high enough
when he shot. He said that he did
not intend to shoot as much as he did.
He wanted to shoot Deeter In the arm
to make him throw his gun down. He
told him to do so five or six times and
he wouldn't, he said.
Ed Lister, laborer, testified that
he told Weighman in the saloon thai
he ought to go home and not talk
until his hearing. Weighamn said that
he did not care what they found out;
that he was hired to do it. On cross
examination it was shown that the
witness did not bear good reputa-
ton.
William Fielding, Roscoe Roberts
and John Wilson, farmers, testified
practically to the same as witness pre-
ceding them. When Peter Paulson was
placed on the stand to testify as to
what he had heard Spies tell Weigh
man the defense objected, and were
sustained. Lewis Olson was not al
lowed to testify because notice of his
testimony was served on defendants
| attorney instead of the defendant.