Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-12-22
Fate of w. d, Toler, of Mon
mouth, ILL.,, Will Soon Rest
With Twelve Men
CLOSING ARGUMENTS MADE
Judge stiser, For State, Began at HIS
O'clock on Closing Piea-Instructions
Will Follow, and Case Should Go Into
Jury's Hands Before sunset-Healy's
Mastery Defense.
Special to Times-Republican.

County Attorney Huber making tn,
opening argument to the jury for the
state. He spoke for an hour and TWEEN
| ty-five minutes. He congratulated the
| jury upon their apparent intelligence
and their constant and undivided at
tention during the entire trial, despite
its Interruptions and detracting in
cidents.
Thinks Conspiracy Charge Failed.
Mr. Huber said the verdict will de-
pend upon what happened just prior
to and during the firing of the fatal
shots. The question the jury must de-
termine is whether the shots were un-
lawfully or excusably fired. This must
be determined upon the incidents OF
the time. In his opening statement
counsel for defense commended that a
conspiracy existed to track, hound and
assault this defendant. We think this
failed entirely. The jury can judge
Of the character of Minetor, Winters.
Jones and Clark. Did they look like
OulldWSs llhc lIlC lOohS Ia liioSC
men.
Believes Toler Strike Breaker.
j believe the term strike breaker"
applies to Toler, as he took the place
of man out on a strike at MARSHALL
town. These men had a right to be
on the streets or on the railroad COM
pany's grounds, singly or together. fire.
quently or constantly. That they were
there even by design is no evidence Of
a conspiracy. The only evidence to
this effect was that of Abadusky, and
the state has wiped that out.
Not Justified in Shooting.
Is there anything in the relative po-
sitions of the four men around Toler?
Winters did what any prudent man
would have done in selling Toler's
arm as he saw the laItters hand in his
pocket, and the pistol protruding from
it. Minetor owes his life today to that
heroic act Of Winters, as that first
shot was intended for Minetor. Toler
was not justified in shooting, no matter
how dire the threats. The we'll
grounded inference is that this unfor-
tuEate affair occurred in just the man
nert that Winters told it.
Mr.. Huber then analysed the evil
dence Of some of defendants witnesses.
He thought Stewart had forgotten most
of what he knew about the ARRAY.
Where would the bullets have entered
Davies had the latter been clinching
Toler around the waist as described
by Hanson?J In the lower abdomen or
probably the legs. The four alleged
assailants were honest, laboring men,
long-t time and law abiding citizens of
Marshalltown.
ToIer's Act Not Justified.
Toler said he was sorry. believe
he was. Il don't believe he is GRIM
inal in the general sense of the term,
his deed was premeditated or with
malice, but he acted unlawfully and his
act was not justified by the circum-
stances.
Davies could not have used the club
upon Toler. No evidence has been
adduced except defendants to show a
club was there. There may have been
a blow or two struck
The essential question is when was
that fatal shot fired? If blow is
struck that, will fell man, or he is
beaten into insensibility, he is not JUS
titled in shooting, and the court will sd
instruct.
Sympathy Cuts No Figure.
Sympathy must not control or enter
into your deliberations. "A term in pris-
on may return this man to his fam
lily, but Davies will return never again
to his wife and adopted daughter.
There is sympathy, therefore, on the
side of the state as well as the de-
Tense. A just Judgment is your duty
and the requirements of the law.
Mr.. Huber made an excellent impress
sion. 1t was not a passionate plea, but
a strong, able presentment of the case,
based on evidence submitted, and log
ically summed up.
Henneberry First for Defense.
After short recess Mr. Henneberry
delivered the opening address for the
defense, speaking for an hour. He
complimented Mr.. Huber for the able
manner in which he had upheld the
contention of the state and proceeded,
in a. mastery analysis and arrange
ment Of the testimony, to lay the foun-
dalton for the alleged conspiracy and
build the superstructure of self de-
Tense.
Willing to Trust Evidence.
This case appeals to me in a strange
manner, said the Eagle Grove attor-
ney. and if the evidence introduced
here will not clear w. D. Toler gem
tlemen of the jury, then say to the
world that he is guilty.
Beginning at Monmouth, where the
defendant and his family lived, he
asked if Toler had not a right to work
and support that family. Authority
higher than he said go to Marshall
town and work there" offering him the
inducement of an increased wage. He
was not a union man. because of the
position he held. He knew of the con-
ditions existing at iMarshalltown. and
remembered the threats made against
him. but obeyed his superiors. He got
there in the day time, because it was
safer.
Minetor was the only man who knew
Toler. Were Minetor and Davies and
Winters and Jones conspirators? They
knew Toler was in Marshalltown, by
their own admissions. Employees Of
the railroad were being housed and fed
within the company's grounds because
"pickets" were guarding the ap-
proaches and trying to restrain them