Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-12-22

cause advised OF danger. why dlu not
Minetor talk with fTOler in the res
| taurant?
Jury Should Judge crediblity.
| According to their own story they
surrounded Toler on the street When
they merely told him that was a scab
job, does 1t look reasonable to you that
he should begin to shoot? 1t looks to
me that they We're not all there merely
| to talk, but as Minetor had threatened
in Monmouth they would crack his
head If he did not agree to quit work.
The jury is to judge of the credibility
of witnesses. Winters, Mnetor and
Jones are interested IN the outcome
of this case. What interest have our
witnesses except that justice be done ?
Credible witnesses testified that these
men were all around Toler. attacking.
grabbing, striking him and beating
him down. he trying all the time to
retreat. Willard said they were stril<-
ing viciously at him. Stewart said it
looked like foot ball miNup If you
believe these witnesses you should say
this man is not guilty.
Conclusive Evidence Of "Gangine."
Mr.. Henneberry said Clark was not
justified in swearing that Mnetor
made no threats during the visit to
Abadusky in Monmouth. for he (Clark)
was not present all the time. How was
Toler a coward. when the four men
We're assaulting him? OF course they
were not cowards-there We're only
four of them!
All the evidence shows that blows
were struck before the firing, declared
counsel in conclusion. and those struck
afterward We're from behind. for his
face was scratched, eyes and mouth
The evidence shows conclusively that
conspiracy existed, that they intended
to beat and gang him.
Healy Closes for Defense.
1t was five minutes of o'clock when
Mr. Healy commenced the closing ar
gument for defense, following his col
league. He had not finished when court
adjourned at O'clock. but only got
fairly warmed to his task. He adopted
a different method Of reasoning than
those who had preceded him. He delved
to the nethermost depths OF the case
and revealed the underlying motives
and impulses that led UP to the trag-
edy. 1t was dissection here, vivisection
there. With keen incisive logic, wither-
ing sarcasm. and forceful emphasis, he
sought to tear down the structure
weaVed by the state and the varied
phases of the case with a sweep and
intensity that added'to his laurels as a
criminal attorney. His first
sentence was characteristic. If not
startling.
Why Not Murder?
"The state asks you, the jury, to
convict this man on evidence which the
dscredited." declared Mr. Healy No
blow was struck. no threats made, no
attitude of hostility, no names called,
say all the conspirators. And yet, there
lies a man dead! II tell you, II spells
"Why did not the state make such q
charge, instead Of asking you only to
convict defendant for manslaughter?
Manslaughter is when one man shoots
another if an assault Is made upon him.
that there was an assault, the
state will ask you to be slid in upon the
creased skids of manslaughter! We
only ask for justice--justice in it's per-
lection. The burden of proof is on the
state, and defendant must he proved
guilty beyond all reasonable doubt
They must prove, beyond all reasonable
doubt, that defendant did not act in
self defense. Unless you know he did
not you can not convict.
Healy Also Touches Conspiracy.
1.-The test of defense is not as it looks
now in this holiday season, but as ii
upon that July day, as Toler
viewed It, believed it, felt it. breathed
it, There are some of the measuring
rods by which you must judge.
I'VE say there was conspiracy to-
make Toler leave his job and if he re-
fused they would make him quit by
beating him. up; that Davies was one
Of the conspirators and died commit
ting breach Of the law. The strike was
to beat the railroad company and to
beat it by preventing men from work.
ing. They had a mutual and common
interest to win out.
"Poor Devil Wanted to Work.7
"Toler-What Is his offense? Mag
nifty it in any manner you can. Why.
the poor devil wanted to work! Did
you ever imagine the enormity of that
offense? These other men didn't want
Toler to work. Who should we be char
liable with? Toier was obeying the
highest mandate Of Heaven in wanting
to work.
Fig Of Saloon; Lose Sight Of Order.
'Minetor goes to Monmouth. Why?
Went there to prosecute his business!
He stayed a week, but he didn't work,
and tried to stop others working. When
the strikers got inflated with the fz Of
the saloon. the admonition of the head
of their order not to use violence was
lost sight of in the assault upon
Shreiner.
Tell me if it was an honest meeting
they sought with Toler, or If their in
tentions were peaceful. They were there
to intimidate him, to gang" him.
''Why did not Minetor speak to Toler
when in the restaurant or make an APP
pointment with him. Is it a hyena they.
are surrounding? No, it is a man, hui
man being, striving to earn a lfveli-
hood. Toler came out of the restaurant
smoking and started for the Y. M. c.
A., smoking. Think, with me, that this
was a human being, a man. with de-
sire to earn money, who is thus
bounded, tracked and assaulted?
adjourned till Tuesday morning).
HeaIy Resumes Argument.
atom" Healy resumed his argument
ait 9 o'clock this morning, and talked
for two hours longer. At 11:15 Judge
Stiger began the closing argument for
4. n