Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-11-02
Evidence So Far Not Conclusive
That Kutzleben Was Man
Who Caused the Wreck
DEPENDS ON HIS CONFESSION
q Il 10 Admitted a. Evidence tho De-
fsnss viii Undoubtedly be Com
PEELED 70 Plead insanity kutzie.
ben Pays Little Attention TO Pro-
esedinSs.

tANAOA Sie0p ANONs 80 W.
Kutzleben's own lips must convict him
ef the murder IL he is found guilty OF
committing the terrible crime of wreck
lng a Rock Island train and causing
the death OF Engineer A. C. Hotchklss
March ~ last. This verdict was uni
Vsrsal among the occupants OF the
court over which Judge Byington pre-
sided yesterday morning. The evil
dence introduced by Carroll Wright,
who is assisting to. prosecute the case,
4 did not tend to show that Kutzleben
had been responsible for the wrecking
Uf the Rock Island fast train No. Al.
J While It was almost conclusipeiy drawn
that the train was wrecked by some
nend. It was not proved. according
70 the belief Of those who attended the
trial that the alleged insane German
1 had any knowledge Of the terrible
crime.
Rely on confsssion.
That the state relies upon the con-
fession made to Rock Island detectives
was apparent when the trial had pros
sceAded . few hours yesterday. All that
tho attorneys for the state attempted
/ TO prove was that the hyer had been
wrecked by some person who had re-
moved the spikes from the rails and
placed a newspaper with q rock upon
1T over the joints where the spikes had
been taken out.
The chief witness yesterday was
q VUt1Y}o
mate sof Engineer Hotchkiss. on No.
Il, the night of the wreck. Smith said
that while the train was making good
speed near Homestead, Iowa, he notice.
ed = piece Of newspaper across the
rail but few yards ahead. The news
paper was weighted down by q rock.
The sight was most unusual to him
and his first thought was to jump At
once from the train. This he did He
struck . nifty foot embankment and
rolled over and over until ne bumped
against the wire fence. at the bottom.
As soon az he was able to pull him.
self together he ran ahead. No. Al
had jumped the track and rolled over
upon her side down the embankment.
He went back to look at the track.
The spikes had been deliberately re-
moved from the rails and could be
found lying near the track.
In the afternoon Gus Shelly. teacher
III the school at Homestead, Iowa, was
nut upon the, stand. He IL the man.
90 It Is claimed, who first told the Of
1lcers that he believed Kutzleben knew
something about the wreck. He said
Ne had seen him not far from the
scene Of the wreck only short time
before the wreck occurred. This tess.
simony will be introduced to show that
Kutxleben was near the wreck about
the time OF the wreck. With this Prov
"a the railway lawyers say that they
VIII be In better position to Introduce
the confession which Kutxleben how
asserts he never made.
insanity 10 osfshss.
That Kutzleben IL insane Is the de-
Tense which his attorneys will make
when they have q chance to introduce
their case. They will assert that Kut-
xlebeY's mother. Baroness Kutzleben,
who has come here from Germany to
defend her son, married first cousin.
and that her parents were first cousins.
and that all four Of the ancestors Of
the man on trial were subject to vlo-
lent fainting Ats at times during their
life, No effort will be made to show
that any OF the ancestors were violent
" insane, but 1t Will be argued by
che defense that the marriage Of first
cousins IL conducive to insanity. which
may break out for several generations.
and which 10 likely when 1t does APP
pear to appear In most unusual forms.
Kutxleben 10 moross and sullen. He
viii not discuss the case. lie says
that the confession which ths deteo-
- o,v..nA roldo 4