Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-12-17
Evidence Failed to Establish
His Intent to Kill---Was
Conflicting
THE COMMUNITY is PLEASED
Large Number Of Witnesses Testified
as to Pines Good Character - Rev.
Underwood Told Story of Frasas -
Plat and Hoeg, Who Were Shot,
Admitted Threatening With Guns.
Special to Times-Republican.

Special to mes-Republican.
Toledo, Dec. 1.-THE jury in the L.
A. Pine trial disagreed and was dis
charged Sunday. This leaves the case
back where it was when the grand
Jury indicted Pine for attempted MAN.
slaughter. Owing to the facts as de-
veloped in the evidence the general be-
lief is that there may be no further eff
fort to prosecute Pine.
The trial lasted three days before
a crowded court room, and took sem
sational turn Thursday when the de-
PENDANT Pine tainted while under very
severe cross examination on the wit
ness stand A great many witnesses
were examined IN behalf of defendant,
among whom were d. e. Brown, coun-
ty superintendent of schools of Tanna
county, Iowa, and superintendent of the
Sunday school OF the U. B. church; DR..
e. r. Smith, NJ. D., Professor II. W.
Ward, Leander Clark College; Hon.
e. c. Ebersole. attorney at law; G. c.
Wescott, retired; DR.. NJ. r. Drury, pas
tor of the U. B. church; all of whom
testified that Pine bore an excellent
reputation and was model citizen.
even If, perhaps, a little extreme in his
zeal for enforcement of the prohibition
law.
Rev. I. NJ. Underwood, OF this city.
pastor of United Brethren church,
south of Tarna, was the principal wit
ness for defendant He was with Pine,
assisting him at the seizure of liquors
in Berlin when the shooting took place.
He testified that they were loading the
wet" goods onto a wagon when they
We're threatened by H. 3. Plett, William
Hoeg and others who carried shot
gums and cursed them with the threat
that their town was Little Germany"
not to be run by preachers. He as
serted that these two men began shoot
ing at them before Pine opened up
with his revolver.
On the other hand, Plett and Hoeg,
the former having been shot in the
cheek by Pine and the latter in the leg,
both testified that they were merely
trying to scare Pine. They admitted
that they had carried shotguns and
that they were threatening Pine while
he was Selling the liquors. They In
sisted, however, that they did not shoot
at Pine. They said that Plett merely
discharged his shotgun in the air to
scare Pine. 1t was not clearly estab-
lished whether these men shot first or
not. Plett and Hoeg We're of the class
of citizens who might be expected to
take the most offense at the closing OF
a saloon, altho neither one was con-
nected with the ownership of the sa-
loon.
other bystanders at the time of the
shooting also testified in the main ac-
cording to the story told by Plett and
Hoeg.
The general sentiment of the people
of Toledo was sympathy for Pine. He
was armed with warrant when he
seized the liquor. He was facing shot
guns in the hands Of strangers and
subjected to much threatening Ian
guage He is very nervous man, and
it was not strange that he began
shooting Nobody believes he intend
ed to kill, altho most people regret the
circum stance, and many perhaps will
censure Pine for his zeal in enforcing
law for the people of another town at
the point of gun. Pines wife and
children have the sympathy of the en-
tire community, and it is not strange
the jury disagreed.