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


to Bourbon.
Harvey Spencer was placed on the
stand; did not see the shooting only
heard the shots. There was nothing
of material value in his testimony.
There were over 200 persons be-
sides attorneys, present at the trial
Thursday afternoon.
Fridays session closed at 6 o'clock
at which time the state had rested
its case and the defense had outlined
the general plan upon which it will
proceed. The day was warm and the
courtroom crowded.
Judge Bernetha decided the jury
should be kept together during the
remainder of the trial and they will
eat and sleep at the Ross house.
The evidence Friday afternoon was
almost. repetition of what had pre-
coded. Joseph Ray testified to see
ing Rettinger step up to Bates and
fire three shots and that when Frank
Bates started to run Rettinger fol-
lowed him revolver in hand irto
Spencer's restaurant
George Kesslar testified that Ret
finger ran north after the shooting
and loaded his revolver as he ran.
He was one of those who followed
Rettinger and was near when he was
arrested. Rettinger after being takel
to he buggy asked if he had killed
both of them, and when told that he
hail killed William Bates and wound
ed Frank he said Il know l killed the
ole son of b--h with the first shot.
The testimony of Marshall Burnls
was almost the same except that he
said Rettinger threatened to shoot
Plant when he and Plant were with
in twenty feet of him and ordered
him to stop, but witness placed his
shotgun to his shoulder. and told
Rettinger to stop and surrender
which Rettinger did. He was walking
backward when he was stopped.
The testimony of John Plant was
about the same except that he did
not hear Rettinger make any state
ments on the way to Bourbon.
The testimony of kessler and
Burns as to statements made by Ret
finger was almost identical.
Several other witnesses testified to
hearing the shooting and seeing the
defendant running north with re
volver in his hand. John E. Johnson
testified that on the day of the muir
der and before the shooting he wa
| in Walmar's saloon and that Retting
err came in and asked if Old man
Bates was there Witness answered
mo" and Rettinger went out.
Philip Banner of Bourbon for the
state, was called later in the after
noon. Stated that he was acquainted
with Fred Rettinger, said that Chas
Fribley had been to see William
Bates and advised that the two fam
lilies settle their troubles peaceably
that he feared trouble if their differ
ences were not settled.
Charles Fribley of Bourbon, was
acquainted with Fred Rettinger anc
with Bates; saw Bates with reference
to a settlement of the troubles
Dates had caused the arrest of Ret
finger for carrying concealed weap
ons.) Told defendant that if he would
give up the revolver and pay the
costs the suit would be dropped.
Daniel Lemler, of Bourbon, had
known Ref.inser all his life; had
conversation with Rettinger with re
lation to Bates; Rettinger called a
my place of business and showed m,
a revolver; we had always been gooe
friends; / asked him what he was
doing with that revolver; he answer
ed ITO keep the peace ordered hin
to give it up.
Lemler recalled: This was abou
one year ago.
The next witness was Frank. Bates
80 years old, son of William Bates
Frank Bates was shot Immediately
after his father was shot dead.
Question:-"State 10 the jur.
whether William Bates was your
lfather":- Answer "Yes, Sir. Fathel
was standing on the sidewalk wher
the first shot was fired; saw my ia h
err fall; came to town in the fore
noon and saw my father first at tina
time; saw the first shot fired; wa.
on the Sidewalk; was on the side mex
to the gutter; hal been at the depo
unloading stock; was eight feet from
father when he was shot; saw dark
colored revolver in defendants hand
after he fired the shot | was strucl
with a shot on the arm; after ! wa:
shot l fell picked myself up ant
ran south; after | was in the restaur
ant Rettinger came in; | remained j.
restaurant; father had lived As year
on the homestead; have FIVE sister.
never saw father after was shot
Question: "Why?" Answer
"Was in bed from a wound and no
able to see him. Father had been ;
farmer and stockbuyer.
| Left stock-yards after time an'
was just coming home; did not SCI
Fred Rettinger pass me on the stree
at the shop; noticed Fred when tn,
gun was fired
Steiner recalled: Defendant tolt
me he was &c years old.
The ball taken from the arm o
frank Bates was exhibited to th'
jury and the state rested its case.
Mr. Parker then outlined the plal
of the defense. Said they would b.
able to show that on both sides o
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