Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-11-02
Evidence 50 Far Not Conclusive
That Kutzleben Was Man
Who Caused the Wreck
DEPENDS ON HIS CONFESSION
u Il 10 Admitted ~ Evidence the Do
fsnse Will Undoubtedly be Com
PEELED to Plead insanity ~ kutsIe.
ben Pays Littl. Attention to Pro.
sssdinss.

MAreHgO, NOV. 1.-baFoH II. Won
Kutzleben's own lips must convict him
81 the murder If he is found guilty of
committing the terrible crime OF wreck
Ing Rock Island train and causing
The death OF Engineer A. c. Hotchkiss
March II last. This verdict was uni-
vsrsal among the occupants OF the
lcourt over which Judge Byington pre-
sided yesterday morning. The evil
dence introduced by Carroll Wright.
who is assisting to prosecute the case,
did not tend to show that Kutzleben
had been responsible for the wrecking
Of the Rock Island fast train No. Al.
While 1t was almost concluslveiy drawn
that the train was wrecked by some
asnd. It was not proved, according
TO the belief OF those who attended the
trial that the alleged insane German
had any knowledge Of the terrible
crime.
Rely on Confession.
That the state relies upon the con-
1ession made to Rock Island detectives
was apparent when the trial had pro-
Fceeded few hours yesterday. All that
the 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 newspaper with rock upon
It over the joints where the spikes had
been taken out.
The chief witness yesterday was
IL :.
mate OF Engineer Hotchkiss, on No.
q. the night of the wreck Smith said
that while the train was making good
speed near Homestead, Iowa. he notic-
ed . piece Of newspaper across the
rail- but . few yards ahead. The news
paper was weighted down by 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 as 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
In the school at Homestead, Iowa, was
put upon the stand. He is the man,
90 It is claimed. who first told the Of
fcers that he believed Kutzleben knew
something about the wreck. He said
he had seen him not far from the
scene OF the wreck only q short time
before the wreck occurred. This tes-
timony will be introduced to show that
Kutxlsben was near the wreck about
the time Of the wreck. With this Prov
"a the railway lawyers say that they
viii be in a better position to Introduce
the confession which Kutzleben now
asserts he never made.
n insanity 10 psfsIss.
That Kutzleben Is insane is the de-
Tense which his attorneys will make
when they have q chance 70 introduce
their case. They will assert that Kut-
'xleben's mother. Baroness Kutzleben,
who has come here from Germany to
defend her son, married q 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 fits at times during their
life. No effort will be made to show
that any OF the ancestors were violent
N insane, but It will be argued by
the defense that the marriage Of first
cousins IL conducive to insanity. which
may break out Tor several generations,
and which 10 likely when 1t does APP
pear to appear in most unusual forms!
\ Kutzleben Is morose and sullen. He
a. ~ YY~-