Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-11-20

when court~>djourned at IL O'Clock.
Defense Rests; Summary OF Evidence.
1t was 500 o'clock Tuesday after
noon when the defense rested its case.
The state at once took up the rebuttal,
part of which was introduced before
court adjourned Tuesday night, and the
rest this morning. Following is sum
mary of the evidence as presented by
the defense in Pelrs behalf:
That Pell struck Lepley with his left
hand on the right side OF the face or
head.
That Lepley fell on his left side or
his back.
That Lepley seemed to be paralyzed
from the moment Pell struck him, or
as one witness put it, "he went down
stiff"
That Pell attempted to pick Lepley
up.
That there was rock near where
Lepley's head lay, which protruded
from the ground, and that it had blood
on or near 1t.
That both Pell and Lepley were
drunk.
That Pelrs friends had to hold him
to keep him from Lepley.
That he tore away and followed Lep-
ley.
That Buck did not hand Pell a weap-
on as Pell started after Lepley.
That Buck said go get him" to Pell,
but it was intended to mean for him
to bring him back that the quarrel
might be settled peaceably.
That Lepley had a bruists or abra-
sion on the right forehead, where Pell
struck him.
Mark Was Old Scar.
Whether or not Pell hit Lepley on
the right forehead, as the defense
claims, or whether he hit him back OF
the left ear, as the state has set up,
is one Of the important factors IN the
case. To disprove the claims Of the de-
tense that the mark over Lepley's
right eye was an old scar, and not the
mark Of Pell's blow, the state intro
duced in rebuttal on this point, Mrs.
John Lepley and Miss Elizabeth Lep-
ley the widow and daughter Of the
dead man, and his brother George Lep-
ley, the latter of Union.
All of these three testified that he
which had been caused by limb of a
tree falling and striking him about
twelve years ago.
PeIl Tells His Story.
1t was late In the afternoon when
Pell. who stands accused Of the MUIR
der, was put on the stand to tell his
story of the saloon fight and the as
sault that followed. His examination
was comparatively brief.
He said he was drunk, Crazy
drunk" was his expression Of his con-
dition, and his mind was SO befuddled
with drink he remembered but little
in detail. While he was unable to re-
cali most Of the incidents Of what hap
pened, Of two things he was absolutely
positivethat he hit Lepley with his
left hand, and that the hand held
nothing. The positiveness with which
these two details were asserted was In
marked contrast to his uncertainty
about others.
Remembers Part, But Not All.
Pell said he was % years Of age and
a common laborer. He said he had
been drinking quite a little" but he
could not say what precipitated the
trouble, except that 1t was something
about a drink. He continued by say
ing he believed other trouble followed
the first.
I what was 1t about ?"
Drinks, all that know"
''What took place In the second
trouble?"
HE started around the corner. Some
co{1 co <,ko -
get him."
We'll, what took place then?''
Il don't know a whole lot about It,
Which hand did you strike hin
with?"
LEFT hand"
tWhere?"
"Some part Of the head"
What part?"
Couldn't say"
Did you have anything in your hant
when you struck hiin?''
II did not"
He denied Buck gave him anythin,
as he passed around the saloon. H,
was unable to say definitely what be
came of Lepley when he hit him. III,
remembered he left the place, was ar
rested later and had since been 1,
jail.
|. Did Not Know LepIey.
The cross-examination Of Pell de
veloped nothing more definite regard
ing the trouble In the saloon. Pei
said he did not know Lepley, and ha,
never met him. He said he believe,
he saw Lepley going as he left tn
saloon.
"You. don't remember followln,
him?"
"Have slight remembrance Of that
do you know why you were goini
there after him."
| "No.'
why did you go?'
Somebody said there he goes
you didn't know who you were fol
lowing, whether 1t was man o
| woman ~
mo, nor man or an elephant,
added the witness.
did you speak to him?"
Eyes"
What did you say?"
"Come back have a drink; let
square it, or something like that"
The witness was positive it was hi
left hand he struck him with, an,
that 1t was empty. He did not remem
Der how far he went, except that h
was near First avenue on Nevad;
street when he was arrested.
Witness Tells of Stone.
The first, and the most positive o