Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-11-19
State Makes, Fairly Strong Case
Against. Pell For Lepley
Murder
DEFENSE HELPS PROSECUTION
Some of the Evidence Of PeII's Wit
nesses Strengthens the States Con-
tention - Defense Trying to Prove
Fall, and Not Blow, Killed Lepley -
Examination Of Witnesses Progress
Is Rapidly.

F = =
Bert Pell fer the murder Of John II.
Lepley this morning, and the defense
opened. Tie states main case was
completed ct $40 o'clock, and up to
for noon six witnesses for
the. defense had been examined. Pro-
gress in the trial is being made rap
idly. seventeen witnesses having been
examined since the hearing opened
Monday morning.
Court opened at $3.50 o'clock this
morning, which was too early for the
curious audience. which later, however,
filled the room. The crowd at Mon
day afternoons hearing, more than
filed the seating capacity Of the place.
Dtfense Helps State.
The states case was strengthened IN
certain ways by the evidence Of the
defense this morning. This is true es-
pecially with reference to Pell having
led in the attacks against Lepley. The
defense has started out to prove that
Pell hit Lepley on the right forehead,
and that in falling the left side Of Lep-
ley's head struck stone, which caused
the fracture and death.
Nurse Fails Defense.
Miss Myrtle Campbell, the nurse who
was called by the state Monday after
noon, was recalled by the defense this
morning, in the attempt to prove there
was q bl'uise or wound on Lepley's
right forehead. She was asked:
( did you And, after IAepley was talk
en- to the hospital, br,lise or abrasion
at any place other than behind the left
ear z"
s IT did not make an examination.
ibid you not find a bruise or abra-
sion over the right eye?"
IT found something. but don't re-
member what 1t was, whether it was a
bruise O. an old scar or what. am
not positive Of it, and did not make
a close examination. ] don't reinem-
ber."
Tho States Evidence In Brief.
The following are the principal fea-
lures or the states evidence, which
have been established by one or two
WITNESSES or proved by several wit
nesses: V
That Pell was the aggressor In the
row in the saloon, and that Give Buck
urged him on and melted him to "go
get Lep'Iey."
That Lepley left the saloon first and
alone.
That Pell folloY ed him, and that he
carried in his hand some weapon.
That he hurried, or ran to overtake
Lepley.
That he did overtake him.
That when Pell overlook him he
passed around to get in front of Lepley,
or Lepley turned when Pell called to
him, just before Pell came up with
him.
That Pell hit Lepley one swinging
blow with his right hand, which landed
on Lepley's head, just back Of the left,
ear. where Lepley's skull was frac-
tured.
That the hand Pell hit Lepley with
was more nearly open than closed
That when Pell struck him Pell ap-
peared to be angry.
That Lepley crippled down and fell
on his back, and that the blow seemed
to paralyze him.
That Lepley died early the follow
ing morning, without regaining con-,
seriousness.
Five Saw Blow Struck.
Five of the eight witnesses the state
had on the stand during the Monday
aftern Don session saw the blow, which
the state contends killed Lepley, struck
by Pen. Three Of these witnesses, e.
I. Wilcox, Of Montour, ]. L. Jackson
and Nate Thompson, were compare
lively close to the scene. Joe and
James Shimek viewed it from Third
Their testimony agreed on all Of the
important details, but on the minor
points was at variance.
Wilcox First Witness.
The first of these witnesses was E.
T. Wilcox, who said he was not more
than ten or twelve feet away when
Pe1l hit Lepley. Wilcox said he did
not zee anything in Pell's hand with
which the blow was delivered.
. "How did he strike him 2" he was
asked.
.'He didn't strike him, he slapped
him. the witness replied, showing the
difference between what he meant by
his answer and a blow straight from
the shoulder.
what effect did the blow seem to
have on him?"
I'll: seemed to completely paralyze
him.,
He said that when he saw Lepley
again few minutes later he was
brea thing very slowly.
,Shimeks Tell of Fight.
Tie next witnesses were Joe and
James Shimek, who were in the saloon
when the fight started, and who went
outside and watcher Pell follow Lepley
and saw him strike him. Both are
Bob emian laborers, and the limited
knowledge both had of the English
language made it difficult for them to
express themselves. The evidence
given by James corroborated that CIV
en- Just before him by Joe, except as to
minor details.
James Shimek said he and his BROTH
er were in the saloon; that Pell or
dered the drinks for three, including
Lepley and then wanted Lepley to pay
for them, but Lepley would not. Then
Pell hit him and tussling started in
which Buck was also engaged. !
LepIey Leaves Saloon.
Lepley. Shilnek testified, then left the
saloon, and Pel and Buck followed
him. In Just a few minutes Lepley
started back into the saloon, and as