The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1906-09-27

his mind and influenced his actions
defendant lived next to Mr. Bates,
who was noted as a quarreslome
man, always in trouble and ready Tor
row; that defendant was goaded
up by the naggings and petty cesds
of Bates to the desire for revenge;
that Bates had offered SIS to mar if
he would whip defendant; that his
wagon rack had been iespoilci: that
his fence had been opened, allowing
hogs 10 get in his land; that after
the peace pact had been made, the
evidence did not show that there had
been peace; that on one occasion
when he was at work Bates cane out
and threatened to whip him. This
man (defendant) had been pulled at
and nagged to such degree that his
mental condition was such that the
killing was justi6able The evidence
would also show that the act was
committed in self-defense
Mr.. Parker continuing his state
ment Saturday morning said the de-
tense proposed to show that 'ncre
had been recurrent symptoms of
mental alteration on the part OF the
| defendant; that these symptoms had
been brought on and aggravated by
the quarrelsome disposition OF Viii
liam Bates; that these troubles with
Bates had preyed upon his mind and
| had caused decisions. The defense
would not say that generally speat-
ing defendant was an insane man, but
that these troubles preyed upon his
mind and caused decisions that af-
fected his actions. The defense pro-
posed also to offer evidence and to
prove that the action for which the
defendant is being tried was an &C
ton of self-defense.
Mrs. Rettinger was the first wit,
ness called by the defense. She sad
defendant had some sheep, and part
of them had been shot; that he had
got lumber to make rack; that he
took the rack to Frark Bates; that
when coming home from threshing
that evening he boarded up the win
dow; that twice a gun was fired off
in the vicinity of the window by
Jesse Ellinger. cousin of Bates:
that Fred would awaken her at night
and say he heard noises about the
house his sleep was disturbed; that
he said Bates was going to have him
uninterrupted and the free Masons
were after him; that he showed his
wife where he wanted to be buried;
that he went out 10 feed the horses
and came and told his wife he heard
an. awful crack in the crib; got his
wife to go out with him; she went
but heard nothing; that he had beer
at work for three years on a perpet-
sial motion, and when he should have
Lit completed they would all be rich.
Cross-examined by Mr.. Kellison
Witness said defendant was able
bodied; worked early and late; hired
extra iiscn; never loafed, went to
town of evenings, always on business
errands; had constructed ccmbin
alton hay and stock rack; was inven
tive; hard work did not affect him
always slept we'll; was the active
manager of the farm; did all the
planning, buying and selling of stock
and was a successful Garmer and
made money; his father owned the
farm OF 240 acres and the latter re
ceived one half the proceeds of the
farm. Brought home hay rack, which
had been hacked up and marked
which he charged to Jesse Ellinger
that the reason why Bates was going
I to. have the white caps after him wa
because defendant had his wife work
out in the field; that he boarded up
the window because he was afraid oil
the Bateses. Heard couple shots
|early in morning while in barnyafd
saw Jesse Ellinger going along
with revolver; held revolver up il
the air and fired; was in the road
about 20 rods away; was on road
leading from Bateses to Ellinger's
spent only his spare time working or
perpetual motion machine
James Berkeypile followed Mrs
Rettinger on the stand. Had knows
RettinRer. all his life; take him to be
a person of unsound mind. (Ques
tons To witness were objected to on
claim of his being not competent tc
give testimony on questions asked.
Cross-examined and adjourned for
noon.
James Berkeypile on the stand Dc
not know that Rettinger was the
manager of his fathers farm; he was
not the manager, but his father man
legged and bought and sold the stock
his father was the director and man
ager; my wife and Rettinger are full
cousins. :.
| Mrs. Rettinger mother of defend
ant called
| Fred is youngest of four children,
had been sick at times; had fits; sin
years ago was sick three months
after he was sick his manner was
different; would pay no attention t.
what | said, was irritable; before
sickness lie was tractable; my broth
er, Michael Swoverland was taken tc
asylum; when coming home from
Bourbon Fred told me some one hal
struck his buggy with stone; came
i'm from corn crib, looking just will
and said that while he was getting
Icorn he heard two sharp cracks
said Jesse Ellinger tried to pull him
off his buggy and about tore his
wamus off; saw the window tina,
Fred boarded up; boards were left