Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-11-20
PELL'S TRIAL ENDS:
CASE CUES TO JURY
Continued from, Page seven.)

There was blood on it and near it,"
How much of 1T was exposed?"
Looked to me like at least half Of
it,
The witness said 1t was embedded in
cinders. lie said that with II. +.
Bradford, Pells attorney and Cody"
Buck he examined the stone the fol-
lowing morning. The state succeeded
in preventing the witness from telling
of evidences OF blood found on or near
it the next morning.
Thome Held PeII.
Themes testimony regarding the
fight in the saloon differed immater.
tally from other evidence on the same
point given by other witnesses. He
said he held Pell in the saloon to keep
him from Lepley, and that DE Lap led
Pell off UP the street. Lepley, the
witness said, left the saloon first, and
went just north of it to the edge of
the sidewalk and leaned against a
post. When he started back into the
saloon Give Buck pulled or showed
him off the steps. Then Lepley started
1Ol tiC uiiipIi StoSLOAi, ttiIa Sii WV
loose from DE Lap and followed. The
witness went to the corner to watch
what would follow. He said Pell did
not pass closer to Give Buck than five
or six feet when he went by him to
follow Lepley.
Positive About Left Hand.
Thome said he stood with others,
including witnesses for Pell, on Third
avenue, quarters of block
away, and watched Pell Come up
with Lepiey and strike him. He was
positive Pell struck with the left hand,
and the blow landed on the right side
of Lepley's head.
Who Said go Get Him?"
+ On cross examination Thome was
not certain who said go get him" to
Pell. He would not say that 1t was
Give Buck who said it.
He insisted that the sentence was
Go get him and bring him back" or
words to that effect. He said he ex-
pected to see Lepley strike Pell when
the former turned around as Pell
came up He described Lepley's fall
after the blow as going down stiff,
as tho paralyzed. He said he noticed
Lepley lay.
on redirect examination he said Pell
was very drunk.
He was not so drunk but that 1t
took two men to hold him?" put in the
state on cross examination on this
point.
But the witness, in reply insisted
that he was pretty drunk.
He seemed to have pretty good
command of himself, didn't he, as he
followed and hit Lepley?"
NO, not what sober man would
have had" replied the witness.
Story Told and RetoId.
The other witnesses for the defense
put on the stand during the afternoon
session of court were e. W. Stone,
restaurant keeper, whose place Of bus
mess is across the street from the
BARLEY saloon; Miss Gusse Schlicht.
manager of the union station eating
house; Roy DeLap. Benjamin Boyce,
an Iowa Central engineer; George
Frank Newcomb, an Iowa Central
hall keeper Cody" Buck, who had
Deen on the StdIlQ, was sTeCdlleu.
In all the material points the evil
dence of these witnesses agreed, altho
there were disagreements on minor de-
tails. OF them DeLap was the only
one in the saloon, and all of them
were standing on Third avenue when
they saw Pell strike Lepley.
All Say Left Hand Blow.
All of them said the blow Pell deliv- |
cred was with the left hand, and that
it landed on the right side of Lepley's
face or head. Among these, and next
in Importance to Thome's testimony,
was that given by Roy DeLap, who is
known as Skinner DeLap. He said
he was the first to seize Pell inside
the saloon Then Thome also took
hold of Pell, and later the witness led
Pell out and took him up the street.
He heard some one say "let Pell go
and let him get Lepley and bring him
back" and then, he said, Pell tore
loose and started after Lepley
Did Not See Weapon.
The witness said he did not see Give
Buck give Pell anything as Pell left
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