Iron County register., 1905-12-14

ton, evidently for the purpose O,
proving that Bill Spaugh did moi
fire the first shot. The doctor had
testified that any one of the
wounds would have produced in
slant death.
Ex-Sheriff T. B. Sharp of Madi-
son county was the strongest wit
ness for the State during Tuesdays
session of the court. He testified
that Bill Spaugh told him the day
they were placed in the Ironton
Jail that he, Bill, had been put up
to kill Polk. When Sharp asked
Bill which of them shot Polk, Bill
replied that they both did, mean
ing himself and his brother,
Arthur.
Rasche, who keeps a restaurant
near the Spaugh home, saw Sheriff
Polk go up to the Spaugh residence
and heard the report of a gun in a
few seconds after Polk entered the
front door. After three or four
shots had been fred he saw the
Spaugh boys leave the rear of
their home and saw Arthur shoot
at negro standing outside of his,
Rasche's, window. The bullet
lodged in the easement of the win
dow.
VIM. Brown testified that he
went to the Spaugh home about
$3.50 in answer to Bill Spaugh's
telephone message. He found Bill,
Arthur and Mrs. Spaugh on the
kitchen porch. Bill told him he
had had trouble with young Ed
gar and that he was expecting them
to come after him, but that he
would kill whoever came after
him. Mrs. Spaugh said that if
they had her grit they would kill
the whole set. While Brown was
there Sheriff Polk approached the
house. Bill said, che wants me
and don't know whether | Will
go or not" After Polk had told
Bill he wanted to see him, Bill
went into the house, the sheriff
following. In a few seconds he
heard some one say, "stop," and
heard some one else say, "kill
him" and then heard gun fire in
a moment afterwards. AS he ran
around the house he saw Bill
Spaugh backing off from Polk and
saw some one holding gun on
Polk.
Sheriff John I. Marshall of Iron
county proved to be the star wit
ness for the prosecution. He testi-
fed that when the Spaugh boys
were captured and DR.. Farmhouse
was dressing his wound, that
Arthur asked why they had his
mother in Jail. Marshall told them
that she was accused of the mur-
der of Sheriff Polk. Arthur said
she was innocent, that he and Bill
had shot him. He said he took
one crack at Polk and missed him
but got him the second time with
the shotgun. DR.. Farmhouse asked
them which of them shot him in
the back of the head, and Bill said
he did. The cross examination of
Sheriff Marshall only served to
strengthen the States case.
State closed at 2 o'clock Tues
day, after a half hours consulta-
ton Jos. G.. Williams made state
ment OF what the defense aimed to
prove. He said that they would
show that when Sheriff Polk fol-
lowed Bill Spaugh into the Spaugh
kitchen that Bill had gone in to
get money from his mother to pay
off the fine. They would show that
Sheriff Polk fired at Bill who i'm
mediately ran out of the room and
never saw any one shoot at Sheriff
Polk or knew that he was killed
until Arthur told him after they
reached the woods.
VIM. Spaugh, Jr., was the first
witness for the defense. He looked
pale and worried and gave in his
evidence in low tone. His testi-
mony was brief and failed to make
any impression. 1t was substan-
tally the same as set forth in
Mr.. Williams statement. Mrs.
Spaugh's testimony was mainly a
denial of all the facts brought out
by the prosecution. Bill also de-
MED having admitted at any time
to the shooting of Sheriff Polk.
The defence closed their case
after submitting a part of DR..
Marshalls testimony before the
coroner's inquest at Ironton.
Upon the convening of court
yesterday morning Judge Will
liams promptly overruled the de-
murrer to the testimony as to Mary
E. Spaugh and instructed the jury
to find her guilty of murder in the
second degree if they found the
evidence sufficient, and gave in
structions for murder in the first
and second degree as to VIM.
Spaugh, Jr. The argument of
counsel was begun at 2 o'clock.
Judge L. F. Dinning of De Soto,
Mo-, opening for the State, fol-
lowed by J. A. Finch of st. Louis
and D. L. Rivers of Elvins for the
defendants, and G. P. Damron,
prosecuting attorney of Iron coun-
ty, for the State. This left four
speeches to be made by Hon. Jno.
H. Raney of Greenville and w. R.
Edgar of Ironton, for the State,
and Assistant u. S. Attorney Jos.
G. Williams of st. Louis and Judge
r. A. Frazier of Hillsboro for the
defense. They will finish their
argument by II o'clock to-day,
when the case will go to the jury
for final determination. The eight
speeches delivered in the case were
the best ever delivered in the Rey-
nolds county courthouse. Messrs.
Ran nov and Ednar q ra .roll lrnamn