Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-12-19
BOTH SIDES REST;
ARGUMENT MONDAY
Surprises Come Thick and Fast
in Tama County Court Fri
day Afternoon
DEFENDANT PLACED ON STAND
Following Sudden Call for Defendant
State Unprepared With Rebuttal-
Heard Today With Brief Sur-rebut-
tal-ToIer Made Good Witness Own
Behalf--Adjournment Till 2 Monday.

BehaIf--Adjo Till Monday
Special to Times Republican.
Toledo, Dec 19.-Friday was a day
of surprises and really dramatic eli
makes in the Toler mansaughter case.
First came the ruling of the court.
admitting contested evidence on the
conspiracy proposition of defense. Sub
sequently the sudden illness of Attor-
ney Healy, which delayed the proceed
ings an hour and half. But the aft
ernoon fairly bristled with abrupt and
unexpected features.
Mr.. Healy was himself again, alert and
aggressive. His colleague, Mr.. Hen
neberry, conducted the examination of
witnesses, however, for the first hour.
Then, with almost startling abrupt
ness Mr.. Healy called Defendant Toler
to the witness stand, and at 4, IS. when
defendants testimony and cross ex-
animation We're concluded, Heaiy an
nounced. Defense rests"
Witnesses All Excused.
None of the four witnesses sum
moned from Monmouth to vouch for
the character and reputation OF Toler
had been or will be called. Not Il
witness was available to testify for
the state on rebuttal. Hence. there
was nothing to do but adjourn, and
wait. All witnesses We're excused for
this trial. Not to exceed four others
were expected to be called, for re-
buttal, and they were far away The
court room. crowded during the after
noon to It's capacity, even ladies stand
ing in the rear aisles, was emptied
slowly, the spectators seemingly re-
luctant to leave Court, counsel and
jury looked at one another, but We're
silent.
Abadusky Tells of Threats.
At . o'clock Mr.. Henneberry re-
sumed the examination Of c. A. Aba
dusky, commenced during the morning
session. Witness was allowed by the
court to repeat tile alleged converse
ton in Monmouth between Mlnetor and
himself, in the presence Of man
named Clark. He said Minetor wanted
him to report what kind of work Toler
was doing In the shops; asked If he
and Toler were doing machinists work.
"Told him l was attending to my bus
mess and he had better attend to his"
said witness. Minetor then said that IL
IA. A al ~, cd
working I'VE would get our heads
cracked" Witness insisted. on cross
examination, that Minetor made this
assertion.
Other Testimony for Defense.
A. Bramer, q farmer living south
east of Marshalltown, testified that he
was driving south on Third avenue at
the time of the alleged assault upon
Toler, and that young Pardee was rid
ing on the seat with him. He was
driving slowly and after crossing the
first railroad track was stopped by the
crossing gate being closed. Saw sew
eral men in front of the Ketchum &
CASTOR building; did not stop there
nor turn to look back until he heard
shots, after crossing the track Then
Pardee got out and he told him to go
and help the policeman. He thought
it was drunken fight
A. r. Mitchell, yard man at the
Citizens Lumber company, testified to
seeing Winters, Jones and Davies to-
gether frequently during the strike in
various places, and to seeing a man
named Schreiner assaulted on May
street, about the middle of June, and
said Davies, Jones and another man
were there. Somebody declared
Schreiner was not "scab'' and they
deSisted.
j. w schreiner, residing at Glad
brook, testified that he worked as a
brick maker in Marshalltown the past
summer, and that he was assaulted as
described by previous witness: swore
he was first struck on the head with a
rock, then with club; didn't know his
assaila1rts.
Charles Youker Ed McCorty and
Fred Wenger testified to having seen
Winters, Minetor, Davies and Jones
together several times in different
places.
Defendant On Stand.
The defendant. w. D. Toler, was
called to the stand at 3 p. m. ana
swore to the following: ~
Lived at Monmouth, ILL.,. since 1901
aged 4S, 18th last November born or
farm near Lewiston. Ill. Lived, there till
years old, moved thence to Delevan
Mimi, from there moved back to Hill
nois. Enga ged in machine shop al
Galva, Ill.,. as helper one year. From
there went to Galesburg, firing on G.
B. & O., seven years running to Bur
lington. Ran barber shop afterward
at Delevan, Mimi, two years. Their
back to La Harpe, ILL.,, where was ir
barber shop about seven years. Their
worked in saloon three years, then
moved to Monmouth and resided there
since Engaged between six and sew
en- years continuously for Iowa Cen
trail. First fred six months: then night
foreman for one and one-half years:
fired again one summer. then went
back to night foremanship, until July
10, this year. Did not go on strike
First knew Minetor in February OF
March Worked with me in shops al
Monmouth. He left before strike ana