Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-11-19


"He started after him."
How far had Lepley got?"
HE was thirty-tive or forty feet
ahead of Pell."
did you see them come together"
Yes / watched them"
did you see Pell hit him?
yes
ION which side Of the head did he
hit him?"
"On the left side."
"How did he fall?"
HE fell backwards" The witness
then showed by throwing his hands
spread out above his head how Lepley
went down on his back.
What happened then?"
''Pell picked him UP and let him fall
two or three times: then Buck came
and took Pell away"
The witness said Lepley never made
a move after he was struck.
How was the blow delivered by
Fell?" continued the state.
"a swinging blow" replied Shimek.
showing how by closing his fist and
crooking his elbow and bringing 1t
forward in a short swing.
Poll Ran to Catch Him.
On cross examination Shimek said
Pell was carrying his coat on his left
arm, but did not notice him change 1t
to his right.
How was Pell walking?" he asked.
"Pell had to run to catch up" he
responded,
He said he heard Pell yell at Lepley.
but could not hear the words he said.
He was certain Pell did not strike
Lepley on the forehead, but was GER
tain that Pell struck with his right
hand and the blow landed on the left
side of Lepley's head.
The more he was cross examined
the less certain he became about the
positions Pell and Lepley occupied
when the blow was struck, but he was
certain they were facing each other.
James Shimek, the brother OF Joe,
denied on cross examination that he
had claimed to have found part OF
q bicycle handle on Second avenue not
far from the spot after the assault.
Defense is Begun.
Chester Buck, known as Cody"
Buck, was the first witness to take
the stand for the defense. His testi-
mony, also that of w. III. Bennett
who followed him, strengthened the
states case in at least one respect
Both testified that DeLap and Thome
held Pell, in the saloon and outside
OF It, to keep him from getting at Lep-
ley.
He described the fight In the saloon
much as the states witnesses did. with
a difference in detail. He referred t.
it as a "jamboree." He said Leples
was pretty well loaded" and that be.
fore the fight In the saloon began NJ
had showed some money and had In
vited Pell, DeLap and himself to drink
After the beer Had been drunk Leple,
refused to pay for it, and wanted Pei
to do so. He also refused. Then thu
scuffle took place, and all were ordered
from the saloon. Lepley went out frs
and leaned against a post. Pell ant
the others came afterwards. Thel
Lepley started into the saloon agar
and Buck showed him Off the step
Lepley then started for the union sta
ton.
Buck said the conversation which
took place before Lepley left for the
station was, in effect, that the trou'
BILE ought to be settled.
The witness said his brother, Give
Buck, had said "Pell, go get him." jus
after Lepley left.
DeLap was holding Pell, the wit.
ness said, in the, saloon, to keep hin
from Lepley. DeLap and Pell went uE
the street, he said, and DeLap wa.
still holding Pell's arm to keep hin
off Lepley. Pell broke away, he said
and came back to the saloon and start
ed after Lepley.
The witness said he watched Pell
as he followed Lepley, and that Pei
carried his coat in his left hand, ani
then changed 1t to his right. He sai6
he heard Pell say something to Lepley
but he didn't catch the words:
what did Lepley do?" he was
asked.
"Lepley turned around, and put ur
his hands like he was going to fight.
.Then Pell struck him?"
eyes,"
..'What hand did he strike him WITH
with his left hand"
ION what part Of the head?"
ION the forehead on the right side
(which way, and how did Lepley
fall?"
i Looked to me like he fell all al
once and on the side Of his head"
ION which side of his body?"
ION the left side"
The witness said the blow was 8
kind Of swinging blow.
o3,,o P,1N1 mo {
asked:
"Pell was after Lepley all the time
was he?"
Eyes"
Benefits Story.
W. III. Bennett, who was also on the
scene when the fight began, and who
watched Pell hit Lepley, told about
the same story as did Buck. He said
DeLap and Thome We're holding Pell
to keep him from Lepley. He also
said Give Buck had said go to him.
or something to that effect, but on
cross examination he would not admit
that the remark was addressed espec-
tally to Pell. He described Pell fol-
lowing Lepley, much as Buck had
done, including the manner of his car
rying his coat Neither he nor Buck
saw anything in Pell's hand. They
said they were three quarters Of a
block away when the blow was struck.
Bennett said Pell hit Lepley with his
left hand, and as near as he could
tell the blow landed on Lepley's fore
head. When pinned down, in cross
examination, he would not say posi-
lively that it landed there. That's
where he estimated it landed" he said:
He said Ienley fell to the left and the