Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-01-27
NE|GHNANIR BEGUN
Young Man Accused of the Muir
der of Henry Dceter Now
Before the Court
OF EVIDENCE BEGUN
Details of the Affair Which Resulted
in the Shooting of Deeter are Re-
hearsed in the Hearing Before Clay
County court-Many Witnesses to
be Examined.

Special to Times Republican.
Spencer, Jan. 27.-The jurors for
the Weighman trial are f. ID. Jaynes,
Charles Walstrom, A. L. Ayres, Will
lam johnson, Sam Fisk, j. w. Davis
j. B; Walsh, A. d. Chuenman, Milo
Shelton, H. w. Crick, P. c. Blackmer
and G. II. Parker.
The opening statements were made
yesterday Attorney Davidson for the
state arraigned the defendant severely,
who quailed some during the scathing
remarks but on the whole behaved we'll
for one so young. The first witness
for the state was James Williams, dep
uty sheriff of Palo Alto county, who
testified in substance that he was call
ed on March 81, and went to Osgood,
and from there was taken to hay
stack near the stacker, in which the
writer of the letter to j. A. Spies had
instructed that $1,000 be placed The
dummy package had been placed there
instead.
He hid himself in the top of the hay
stack at S o'clock, and remained until
4 AS a. m, when he left the stack and
went to the road. In about fifteen
minutes he heard a whistle, and knew
that John Graettinger was coming, be-
cause that was the signal agreed upon.
He did not know that Weighman was
coming with him.
rrl,o 5afan1opt ont of tho 'h1lppy
and in short time Williams got in
finger. On ross-examinatfon he said
he went to the hay stack for the pur-
pose of watching the package. He
said he was armed and prepared to
make an arrest.
DR.. Maze, Of Graettnger, testified
that Weighman and Deeter came to his
house about 1850 a. m, April 2. When
Weighman called, Deeter was sitting
on the porch and he took him and laid
him on the floor and asked him II he
had been fighting. Deeter said that he
Had been hunting, that he had gone
to the stacker in question and picked
up II package. He was ordered to halt
and asked what for. He was then ask
ed to stop again, and not doing so,
he said he was shot
Weighman said he had asked him
to halt several times, and so shot him
in the arm. Weighman said Spies had
received letter telling him to leave
$1,000 in the stacker box and he had
been watching for the writer that he
would have to go and report to Spies.
DR.. Maze said he had a liveryman take
a carriage and take Deeter home. No
one else went with him. He also tes-
titled as to Deeters condition during
the seven days he lived after the shoot
ing.
c. H. Curtis a photographer of En-
metsburg, said he went to Graettinger
ON April and made two photographs
of the body of Deeter. 1t was at about
o'clock in the afternoon, after post
mortem examination. The photographs
We're offered in evidence by the state,
but defense objected and the objection
was sustained. William Becker, a far
mer. said he saw Weighman about
noon in Grimmels saloon and drank
beer with him. Weighman at that time
told him that Deeter came to the
stacker and got a package. That he
asked him to drop it five or six times.
He said Deeter went to raise his arm
and he shot him. On cross examina-
ton Becker said it was between 10 and
IL o'clock when he went to the saloon
and he only stayed a few minutes. He
did not remember anything else that
happened that day except that he went
to the creamery in the morning and
home at night He said he was intoxi-
Gated in the afternoon. 1t was shown
that the witness had made a contra
dlctory statement before the trial.
John c. Molison, mail carrier, said
he saw Weighman on April 2, in the
corner saloon about 8 or 10 o'clock and
asked him how he came to get mixed
up in the thing and Weighman said
he was hired by Spies to watch and if
any one came for package to shoot
him.
Weighman said he watched Deeter
come from the house with gun; go
to a slough and fire the gun, but did
not know what he shot at. He then
walked to the stacker, picked up
package and looked at 1t. Weighman
said he asked him to throw down his
gum and he turned around and asked
what for, whereupon he shot him. Mol
ison said he had another conversation
with Weighman in Justice Cameron's
office at about o'clock in the after
noon. Ernie George, Jack Wilson,
Thomas Preston and another man were
present. He said he asked Weighman
if Deeter tried to shoot him, and he
said no, but he acted as tho he would
like to. On cross examination he did
not remember any one in particular
he had talked to that day, as he had
talked with so many. He thought he
had talked with Mr.. Garfield in his
store after supper. When he was ask
ed why he had asked Weighman the
same question on two different occa-
sions the same day, he answered, Cur
iosity," and wanted to see If he would
make the same statement twice" The
witness was still on the stand when
court adjourned. Seventyfour witness
es have been called, and the trial will
last all next week.
TO RAISE MORE FUNDS.