Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-11-16
First Day Of Trial Spent in
Obtaining Twelve Suitable
Men
STATEMENT MADE
OPENING
County Attorney Egermayer Says He
Will Prove Lepley's Murder Was
observation-disclosures Claims to Be
Able to Show That Death Was Ac-
cidental and Neglect Contributed.

Pell, on trial in the district court for
the murder Of John III. Lepley, of Gift
ford, last July, were secured at 4:lo
o'clock Friday afternoon. Practically
all of the day was consumed in the
examination of the twenty eight men
from among whom the twelve who
were satisfactory to both sides were
chosen.
The jury was sworn at once, and the
other jurors We're excused until Tues
day morning. Following the taking OF
the oath the opening statements were
made for the state and the defense,
which consumed an hour, then court
adjourned until Monday.
Jurymen Mostly Farmers.
Seven of the twelve jurymen are
farmers. and all but three Of the jury
live outside of the city. OF the other
five Of the jurymen one is an express
retired farmer. one blacksmith's
helper, and the fifth is a stock buyer.
In years most OF the juryrilen are
middle aged or a little past. there be-
ing but a few of what might be termed
young men among the twelve.
Following is a list of the jurymen,
their occupation and residence:
j. T. Roberts, farmer, Eden.
G. H. Condit. farmer. Greencastle.
Ell Wilson. farmer, Washington.
w. Riemenschneider, farmer, State
Center.
G. w. Bartmess. express agent, city.
A. Cooper, farmer Jefferson
H. C. Holman, laborer, Timber Creek,
but now working in this city.
W. Z. Tomlinson, retired farmer,
city.
B F. Wade. blacksmith's helper. city.
Herman Knowl, farmer, Timber
Creek.
John S. Hixson, stock buyer, st.
Anthony.
T. P. Mansfield. stock breeder.
Was Murder Premeditated?
That Bert Pell and Give E,uck de-
liberately planned to kill Lepley, and
that Pell struck the blow with some
blunt weapon that fractured Lepley's
skull, is what the state expects to
prove. according to the presentation of
its case in the opening statement,
made by County Attorney ]. III. Eyer
mayer In close relation to this prem
editated act and os part Of 1t, County
Attorney Egermayer said the state
would show that Pell deliberately fol-
lowed Lepley with the intent Of as
saulting him. Also that Buck, who was
Jointly indicted with Pell, furnished
the latter with the weapon with which
the blow was delivered, with the sug-
gestion. "Here. Pell, you can get him
with this
Claims PeII Hid Weapon.
In support Of the claim of premedi-
tation the county attorney said the
state would prove that as Pell fol-
lowed Lepley out of the BARLEY saloon
he carried the weapon in his right
hand, and that as he rounded the cor
ner of the saloon into the street back
Of the union station he shifted his coat,
which he was carrying in his left
hand, to his right shoulder, and COW
cred the hand, in. which the weapon
was held.
Still further, in support Of the claim
that the act was premeditated, and
that Pell was the aggressor. the coun-
ty attorney said that thru all the quar-
reling and the fight in the saloon, and
up to the time Lepley was struck by
Ing to get away.
Defense Makes Sensational Claims.
In outlining the defense T. F.. Brad
ford jeered at the presumption Of MUIR
der in the first degree, or that there
was any intention to commit murder
In the case. He said he would estab-
fish the fact that the injury was acct
dental; that Pell carried or used no
and that the primary cause Of
Lepley's death was neglect from the
time he was injured until he died early
The following morning.
He charged the attending physician
ton in caring for the wounded man,
and with failing to do for him what
might have prevented his death.
Charges Doctor With Neglect.
He charged that from the time Lep-
ley was taken to the county Jail to the
time he died at st. Thomas hospital, no
essential thing necessary to resuscitate
him and save his life was DONE
"They let him die without knowing
what was the matter with him." he
declared, land they did not know that
his skull was fractured until two days
ater." He said Lepley's skull was new
er examined to see whether there was
q fracture or not until after he was
lead, and that the extent Of the atten-
on given him was to battle him and
put him to bed at the hospital, then the
doctor went home, and did not see the
patient again until just before his
1eath.
The Bruise and the Fracture.
Lepleys head. coming in contact
with stone embedded in the cinders,
and not the blow Pell delivered, was
what fractured his skull, the defense
will show. Bradford said. To prove
his he said he would produce evidence
% show there was bruise on the
light side of Lepley's hevi, where
Pells fist landed
The entire quarrel, he said, was a
drunken row, and Pell was too drunk
% be able to plan q murder. Lepley.
lie said. was also drunk, and he would
show that he was quarrelsome, and
lad been drinking and fighting on the,
rain, which brought him from Clifford