Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-11-18
BEGUN N
P[LL MURDER CASE
State Starts to Attempt to
Prove Case of Murder Of
John Lepley
"PELL CARRIED A WEAPON"
j.. r. Vest, the States First Witness,
Testified That Pel Carried in His
Hand What Looked Like Pair Of
Observation-Disclosures Are Excluded
Judge Warns Lawyers
"PELL CARRIED A WEAPON"

The actual trial Of Bert Pell TO, the
murder Of John II. Lepley, of Clifford,
1nony in the district court this morn
ing. Because Of the delay Of jurvmen
who live at distance, it was not un-
til 1890 o'clock that the first witness
was called to the stand. Up to the
time court adjourned for the noon hour
only two witnesses, J. r. Vest, of Gift
ford, and Frank Williams, of this city,
had been examined.
Before the first witness was called
Judge Bradshaw delivered a warning
to the lawyers trying the case as to
their conduct on important chickering's.
and excluded from the court room all
of the witnesses, excepting Mrs. Lep-
ley, the dead mans widow, and her
daughter Elizabeth, who had again
taken seats near the county attorney,
and G. w. Burnham, who is assisting
in the states case.
Vest Saw Weapon.
The first witness called by the state
was j. r. Vest, of Clifford, man well
along in years. He said he was with
Lepley in the BARLEY saloon, and wit
messed what happened there until
Lepley left. He testified he saw Pell
follow Lepley when he started toward
the union station, and he also saw
an 49, F,>l1 h
What was Pell carrying when he
rounded the corner Of the saloon?" he
was asked on direct examination.
"a coat"
ION which arm was he carrying it?"
"On his left
did you see anything in his right
hand?"
yes. saw something thaE looked
white"
what did it look like 2" s,tr....
ut looked like pair of knuckles to
me-"
.In which hand was he carrying
them?"
.In his right, like this" indicated the
witness, doubling up his fist.
He said he saw this as Pell passed
the south window of the saloon, thru
which he was looking. After Pell went
by the window he saw no more, and
he did not seel Pell strike Lepley.
According to Vest, Pell and Buck,
especially Pell, We're the aggressors in
the saloon fight. He said Pell was
striking at Lepley, who was against
the south wall Of the saloon, and that
Lepley said at least twice, Hold on.
---- IT. hold on" to Pell and Buck,
who were facing him.
He said the bartender ordered them
out Of the saloon, and Lepley was the
first to leave.
Sticks to His Story.
In cross examination Vest stuck to
his story, especially with reference to
his having seen Pell carrying some-
thing in his hand, which looked like
knuckles. He said he had come from
Clifford with Lepley, and they had
both gone to the saloon after the
train had arrived at the Union station.
Williams Saw the Row.
Frank Williams, porter in the sa-
loon, was the next of the states wit
nesses to be called. He testified to
seeing the row in the saloon, which, in
material facts, was much the same
version as Vest had given, altho it
varied in details He said T'ell was the
agressor. He also saw I4epley, and
later Pell, leave the saloon, but was
not certain about Pell carrying a
or as he described it, ISLAM" him.
Judge Warns Lawyers.
Judge Bradshaw warned the lawyers
that he wanted them to conduct the
case as lawyers should, and, that he
did not want any "cross firing on sig
nificant matters" and that he did not
want them to be constantly taking is
sue with one another or harassing one
another during the progress of the ex-
animation.
Many From "Levee" There.
Probably never in the history of a
local court has there been such
gathering of 'levee'' characters within
a court Of Justice in the city as has
been gathered together for this case
by both sides. Among them are those
who have frequently figured in the
minor courts of the city, and a goodly
of the habitusl hangers on
of the "levee'' saloons are represented.
The list Of witnesses, as read before
court, just previous to the witnesses
being excluded from the court room,
showed that the state has subpoenaed
sixteen and the defense twenty-one.
Early this morning measurements of
the plot Of ground, back of the union
station where the assault of Lepley
took place were made again They
were for the purpose of verifying
previously made, plat
Of the place having been drawn for
use in the trial.