Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-07-14

an attorney to make no statement TOT
publication at this time. He did say,
however, that there were no blows
struck by any of his friends, and that
Toler began shooting without any
provocation.
The police are authority for the
statement, in quoting Thomas Gather,
who stood across the street and wit
messed the ARRAY, that there was ap-
parently no fight, or no bows struck
and no provocation for the shooting
Whatever conversation may have been
in progress was in such a low voice
! that Gather was unable to hear 1t
Whatever lighting. or scuffling there
may have been took place after the
shooting occurred.
The Prisoners Statement.
To Deputy Sheriff Nicholson. while
the prisoner was being taken to Ell
dora, Toler said that before he left
Monmouth he was advised by friends
that the strikers were beating people
up" in Marshalltown, and that he
would likely have trouble if he came
hereto take a job. It was also sug-
gested to him that, If he had gun,
he had better take it along for self
protection.
When he. was eating supper last
night he noticed the four men out on
the street, but thought little Of it at the
time When he stepped out on the
street, however, he was surrounded by
the four men, and when they stopped
him he said he felt there was going to
M 10 q pain0t the
building" Toler said to Deputy Sheriff
Nicholson, land told them to stay away.
Before knew it one of the men struck
me, and then blows came from both
sides of me. tried to get my gun
out Of my pocket, but it caught. then
began firing thru the pocket, and saw
one of the men throw up his hands and
exclaim, My God, boys, he's got me-
knew then that had fixed him.
Toler also told the sheriff and deputy
that If he had got his gun out Of his
pocket he would probably have killed
two or three more of his assailants.
Those Who Saw the Murder.
Among those who witnessed the
murder were l.. r. Willard, of the
Marshall Oil company; w. r. Stewart,
Of Niotaze, Kan, of the Sunflower
State Refining company; T.. P. Hanson.
a member OF the Iowa soldiers home
who lives at Searsboro; E.. M. Croft,
formerly janitor of the union station,
who lives AS East Nevada street; and
Thomas Gather, who conducts a pool
hall across the street from the scene
of the murder.
Toler Shoots Four Times.
Toler emptied his gun when he shot
Davies, firing four times. The fifth
cartridge in his 32-calibre Harrington
and Richardson revolver failed to ex-
plode, but shows where the hammer
had hit the she'll OFFICER Haas grabbed
the murderer's hand when it was
still clutched about the gun, and the
end of the barrel was sticking out of
the hole that the bullets had made in
the cloth. Toler's only remark to the
officer when he was hurried out Of the
crowd was "That's hell Of a bunch
Of fellows
Davies Death instantaneous.
Davies death was practically instan-
taneous, and there were signs of re-
f1ex action only during a very few mo-
ments after the shooting. One of the
balls struck the man two inches di-
rectly below the left nipple, and doubt
less penetrated the pericardium, hit a
rib. and glanced upward. The other
ball entered the breast at point two
and one-half inches to the left of the
other one, and about an inch farther
down.
Good Judgment Displayed.
Good judgment was displayed by
Sheriff Hutson, Deputy Nicholson and
Chief of Police Nicholson when the
prisoner was spirited out of town im-
mediately after his arrest. The Ell
dridge-Beebe company was given a
hurry up" call to come to the Jail,
and at 7:15, or half-hour after the
shooting occurred, the prisoner was
wllisked out of town at rapid clip.
The motor took an easterly route out
of town, which led many people to be-
lieve that the prisoner was to be taken
to Toledo. This was soon discovered to
be cniy a ruse, and a returning auto
mobile from the north reported pass
ing the sheriff and his party at AL
bion. The prisoner was taken to the
Hardin county Jail at Eldora The Of
flcers today would not verify that the
prisoner was at Eldora, and refused to