Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-11-20
P[LL' 5 Trial ENDS,
CAS[ GOES 70 JURY
Bert pell's Fate Submitted to
Twelve Men Late This
Afternoon
ARGUMENTS ARE FINISHED

Brought to a Speedy Close-Sum-
mary Of the Evidence for the Pri-
soner-c Courts Instructions Were at
Some Length.
Y The fate OF Bert Pell. held in Jail for
the murder Of John H. Lepley, Of Gift
ford, went into the keeping OF the
twelve men of the Jury who have lis
tened to the case, late this afternoon
AZ $500 this morning both sides rested
the evidence having all been intro 4
duced. and five minutes later County
Attorney Egermayer began summing
5up the evidence for the state.
He had finished in less than an
hour, and was succeeded by =. =.
bradford, who argued at length IN be-
half Of his client When court ad-
journed for noon he was still speak
ing, and continued into the afternoon
The closing argument for the state
was made by q. w. Burnham. Judge
a. b. Bradshaw read his instructions
to the jury. which were at some
length, and the jury retired to deter
mine whether or not Pell was guilty
Of the murder with which he is
charged.
Enerrnayer Opens for State.
County Attorney Egermayer's argu-
ment before the jury was summing
up Of those important parts OF the tes-
sttmony on which the state expects 10
convict, and on which the defense
hopes to prove Pells innocence.
He said there were no extenuating
circumstances, that the assault was
premeditated and planned with malice,
He first gave attention to Pells testi-
nony and how he had remembered 1T
tie and forgotten much. or him ne
said, HE remembers those things ne
wants to remember, because 1t is to MS
interest to do SO, and forgets those
things which are to his interest to for
get" 4
ne referred to the testimony OF
James Thome, as glib story" Re-
ferrtnr to the evidence of other prin
cipal witnesses for the defense he said
that they were almost Identical as TO
detail. "Such testimony" he added,
sis scounterfeited and prepared for the
case" He drew attention to the tes-
tisiony Of both the states and the de-
lenses witnesses, which was that Pell
had been the aggressor turnout. He
put; much stress on the testimony OF
the Shimek brothers, especially to that.
utterance, credited to Give Buck, In
which Pell was told There he is, now
60 get him"
Attacks credencs Of Witnesses.
The credence OF some of the Witness
es especially Thome, he attacked with
reference to the evidence they gave
4 that Buck handed nothing to Pell as
the latter passed him. How could
they see,' he demanded, when they
stood south Of Buck and were watch
Ing Lepley 60 west? Their backs were
turned on Buck when Pell passed by
him" 8f
..The blowing up Of the defense" is
/ the way he characterized the condition
OF the defense's case when the nurse,
Myrtle Campbell, could not prove that
there was bruise or mark over Lep-
ley's right eye
He contended that every move Of
Pell.s indicated generalization; how he
/ had wanted to get at Lepley all the
time; how, he tore away from DeLap
TO follow him; how he caught up with
him and delivered the blow.
Defense Has an Inning.
& With the commencement of the argu-
ment Of T. F. Bradford. the closing
inning for the defense began. He first
took up Pelrs evidence, and said it was
not strange, that being as drunk as
he was, he should remember some
things and forget others. Such an oc-
curance," he commended, was a fire.
quent popularity Of men when drunk"
He held that the nurse, Miss Camp
bell, at the preliminary examination,
had testified that there was q mark
over Lepley's right eye. He then read
her testimony on that point.
Arraigns the State.
He charged that the county attorney
Z had . suppressed evidence which the
state had used at the coroner's in
quest, because 1t did not uphold the
theory OF prosecution which had been
built up. He wanted to know why the
state did not have Stone, Gather and
Morgan on the stand. 'They had them
at the coroner's inquest" he added,
'.why did they not have them?" he
asked. Because" he continued, their
story was true. They would not bring
to you those who say that Pell hit
Lepley on the right side of the head,
because that did not carry out their
special theory" He painted the coun-
ty attorney as a prosecutor and not a
prosecutor.
Jeered at Weapon Theory.
Bradford jeered at the theory that
Pell carried weapon. Wilcox, and
Thompson and Jackson, witnesses for
the state" he said, "who were only a
few feet distant when the blow was
struck, did, not see it,
Then they bring to you" he contin-
ued, such man as Williams, who
says he saw Buck give him something
as Pell passed him." He argued to
show that ]. r. Vest, who stood in
side the saloon window, and who tes-
titled that Pell passed close by and he
saw something white in his hand. was
too far away to see whether it was a
weapon or not.
Was Drunken Row.
He characterized the assault and
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