Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-10-31
The Trial Begun.

Marengo, Ia, Oct. 31.-The trial OF
Baron Erich Won Kutzleben who
wrecked the fast train on the Rock
Island and killing Engineer Hotchkiss
Of Rock Island, at Homestead last
March was called for trial yesterday.
Unless the defense should spring some
new surprise on the prosecuting at
torneys, it will develop into a hot fight.
Saturday Judge o. A. Byington over
ruled a motion for another continuance
of the case until the next term. 1t has
already been continued once and the
authorities feel that any further yield
ing to the desire for time by the de-
tense would cause unnecessary delay.
There are two all-important factors
In the matter that are securing the
grea test attention from both the prose-
cution and the defense. One Of these
is Won Kutzleben's confession, since
repudiated, and the other is a posi-
bility of plea of insanity.
Won Kutzleben had an air Of indif-
ference as he sat and listened to the
preliminary fencing with which the
trial started He is pale as the re-
suit of extended confinement. if mot
on account of the fact that he is on
trial for the most serious offense In
the criminal category.
1t soon became apparent to the OBJ
server that the insanity theory would
probably play an important part In
the defense. Attorney Havner con-
Quoted the examination of the pros
pective jurors. and inquired minutely
into their ideas about the marriage of
first cousins. and other things likely
to figure in the presentation Of the in
sanity theory.
Won kutzIeben's Confession.
1t will be remembered that, shortly
after the wrecking of the flyer, Kutzle-
ben was caught in Amana by detec-
tives and taken to the Iowa county
iail at Marengo. Here, under rapid
questioning and rigid examination,
he finally broke down and confessed
to having cor amitted the crime. This
confession was later repudiated.
1t is expected that this confession
will arouse spirited contest. 1t is but
natural that the prosecuting attorneys
should do all in their power to intro
duce it as evidence. If this confess
sion be allowed, Kutzleben will stand
clearly convicted by his own words
and, without another iota of evidence
the prosecution would be sure of a
victory.
AS consequence, it would be
strange if the defense did not do its
hest to prevent the introduction OF
this confession. Every obstacle known
i'm legal practice will no doubt be put
forward by Won Kutzleben's counsel tc
keep this most important part of the
states evidence from being submitted
to the jury
This confession is the most serious
obstacle which the defense will have
to overcome.
May Plead Insanity.
The only other point which is gem
orally expected is plea of insanity
The prosecuting attorney feels that
when every other method has been
practiced and failed the defense will
introduce a plea of insanity That also
was expected long ago
The case is of so strange nature
that 1t is generally believed that tn"
man is mentallv unbalanced. ina
the motive which inspired the dee
was not robbery is almost certain
The method pursued was not one
which could make robbery partic''
larly easy.
Another theory would be that IT,
prisorer was prompted by hate OF u
railroad company or perhaps eve
malice toward some individual whog
he knew to be on the train.