Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-12-17

WdS CAPCNlSu anu lldu qi lANSN - Wa
Monmouth that day Witness declared
he was not one of the strike "pickets"
and didn't know there We're any; did
not enter the restaurant nor see de-
PENDANT there; wanted to see Toler and
learn whether or not he was going
back to Monmouth; asked the call boy
where Toler was and the boy said at
Stones restaurant Toler faced west
at the first shot and south when the
others were fired. Saw the pistol bar
rel protruding thru his coat.
Persuasion; Not Violence.
On redirect witness said they, the
strikers wanted to see Toler and per-
suade him not to go to work. Had no
club or other weapon and saw none in
the other boys hands Toler inter-
fered with the strikers plans and oper-
ations, who had instructions from their
union to see people and try to keep
them from working, but not to resort
to violence. The strike affected the en-
tire Central system.
Haas Confirms "No Weapon" Point.
Officer Frank Haas was the next
witness. Was about twenty feet north
of the east end of depot platform
when he heard shots fired and ran at
once to the scene, seized Toler around
the neck with one arm and grabbed the
revolver with his disengaged hand.
Toler was smoking a cigar and kept
smoking probably fifteen >or twenty
minutes. Saw no club or weapons of
any kind in the hands iof those gath
cred around defendant. Saw Jones
strike Toler on the back of his neck
after the shooting
Minetor Makes Good Witness.
John Minetor, sworn: Had known
Toler in Monmouth, about February or
March Of this year Described the po-
sitions Of the five men during the al
tercation. Carried nothing in my hands
at the time l stopped and talked with
Toler; said Hello. Toler!" and asked
If he We're going to cake that Central
job. None of the others talked to my
knowledge. Toler made some motion,
when Winters grabbed his arm. new
err struck nor touched Toler, nor ut
tered threats. hurried to the aid of
Davies, after he fell.
Cross examination: Didn't henr what
defendant said in reply to my ques-
ton about working. Saw him first in
Stones restaurant. Went there to see
who could find and keep from TAX
ing strikers places; didn't know Toler
was working, but supposed he was.
When came out I saw Davies and
Winters near the depot but didn't sig
nal them. Saw Jones apparently talk
ing to Toler and started across from
the depot toward them: got there first,
Davies following. went over to see
Toler and talk with him; don't know
why Davies and Winters came. 1t is
not true that we had all arranged to
see defendant together l was in Mon
mouth the latter part of May. Did not
while there say to Abodusky that if
he and Toler didn't quit working for
the Central they would gettheir heads
cracked. nor that we would get them.
No Quarrel Before Shooting
Mr.. and Mrs. Augustus Laubsher,
members of the soldiers home, testified
that they came out of Stones restau-
rant shortly previous to the shooting,
passed northward on the sidewalk past
Toler and his four alleged assailants,
who separated for them to pass: that
no loud talking or threats We're heard:
that after they had crossed Market
street, they heard shots fired and hur-
ried away.
Deputy Nicholson on Stand.
Deputy Sheriff Alva Nicholson testi-
fed that while he and Sheriff Hutson
were conveying defendant to Eldora,
IN an automobile. after the homicide,
Toler said, in effect. that 1t was a I
good thing the man held his hands or
he would have shot three or four more
Of them.
Jones' Testimony.
Richard C. Jones, Marshalltown
machinist, employed by the Central
nearly twenty years, was called. Never
saw Toler until the night of July 10.
Stood a little south of defendant when
The shots were fired. Met him just |
north of the restaurant. Minetor was |
:alking to him as I approached. Heard
Minetor say something about a "scab"'
Job and saw Toier's right hand was in |
1is coat pocket. seized his left arm
litter the first shot, while others held |
his right. Heard no threats nor saw
anyone strike at Toler.
Cross-Don't know where struck
defendant. Wouldn't pollute myself |
~ hitting him; think I gave him one
blow while the officer had him When
roler came out of the restaurant, past
where I was sitting, further north, I
laid Good evening"" but did not hear
lin reply. We did not go together to
place of shooting nor stand together