Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-12-16
specia, to Times-Repnbl,can.

| Toledo, Dec. 16.-Exceptionally good
progress was made in the Toler man
slaughter case in the Tarna county dis
| trict court here yesterday afternoon. A
| Jury was secured in little less than
| four hours, contrary to general expec-
tations. The jury, which is comprised
wholly Of either active or retired farm
| ers. was selected just before adjourn
ment at 6 o'clock, last evening.
| The case was not called until p.
M, and ten minutes elapsed before the
prisoner was brought in. He was neat
| ly dressed in black, freshly shaved and
hair trimmed and a blonde mustache
dropped over a firm set mouth. Toler
appeared perfectly calm and self-pos-
sessed, but watched the process of jury
making with keen interest. He was
rarely consulted by his counsel how
ever, and only volunteered one or two
suggestions regarding challenges. His
! confinement in Jail the, past five
months is evidenced in the changeless
pallor of his face.
Caldwell Also in Case.
AS STATED IL lleSG COluIiuS uSS-
day evening, the array of legal coun-
sci retained in this case is exception
ally strong. County Attorneys Joseph H.
Egermayer, of Marshalltown, and s. c.
Huber, of Tan1a, and Horace j. Stiger.
of the law firm of Struble & Stiger,
Tama, are conducting the case for the
state, while Thomas D. Heaiy, Fort
Dodge; j. w. Henneberry, Eagle
Grove, and ex-Judge j. r. Caldwell.
Toledo, are for the defense. 1t will be
Greek meet Greek when Stfger and
Healy clash.
Jury Believed Excellent One.
| The jury is generally believed to be
an excellent one and is apparently sat
isfactory to both sides, as is indicated
by the fact that the state exercised
only two of it's peremptory challenges
and the defense but four.
Jury to Remain Together.
The court was inclined to allow the
jury to disperse, after cautioning them
not to converse, either among them
selves or with others regarding the
case, nor to read press reports of the
trial and particularly not to allow
people from Marshalltown' to, talk
with them. annoy them, or hover
around them. Upon application Of de-
PENDANT, however, the court, just prior
to adjournment, ruled that the jury
should be kept together until the trial
is concluded.
The alacrity with which the jury
was chosen means a very considerable
saving in costs to both Marshall and
Tama counties. Had the case been
tried in Marshalltown it is doubtful If
jury could have been selected in less
than two days and it is a question
whether or not more than a venire Of
sixty would have been exhausted
Opening Statements Made.
Opening statements in the case were
made this morning, by County Attor-
ney Joseph H. Egermayer, of Mar
shaIftown, for the state, and Thomas
ID. Healy, of Fort Dodge, on behalf of
the defense.
Witnesses in the case, of which there
are fifteen for the state and twenty
five, a number Of whom are dupli-
Gates, for the defense. appeared at 10
o'clock this morning. There is a prob
ability that the case may go to the
jury before Saturday night, but the
into next week.
HeaIy's Unique Examination.
A feature was brought out in the
preliminary proceedings that is so un-
usual that even Attorney Stiger, a vet
eran and leader in the profession, does
not recall a similar instance in his
practice.
'sTom" Healy made the innovation,
and so tangled up several Bohemian
veniremen that they were promptly
challenged as being disqualified for
jury duty. Mr.. Healy enumerated a
number Of words and phrases, which
he intimated were likely to be. used
by the court during the progress Of
the trial, such as preponderance,
moral conviction" caprice" "whim,"
"groundless conjecture" "abidin9
certainty presumption" con "a