Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-12-17
STATE RESTS CASE
and DEFENSE OPENS
i. R. Willard, Witness Defense,
Stricken by Illness on Wit
ness Stand
UNCONSCIOUS; LATER REEVES
UNCONSCIOUS; LATER REEVES
State Shows No Attack on ToIsr by
Strikers, Prior to shootins-Wt-
nesses for Defense Testify Directly
opposite-ei.t of the Testimony of
Both Sides.
Special to Times Republican.


Special to Times Republican.
Toledo, Dec. 17.-The state rested
In the Toler case at 9:45 this morn
ing, after closing up it's testimony that
ing, otter closing up its testimony
Toler by Davies and his party prior
TO the shooting. Sheriff Hutson was
the first witness this morning, and cor
roborated Chief Nicholson's testi-
mony as to Toler's statement in the
auto, about shooting two or three
others If he could
On redirect testimony the sheriff tes-
titled that the prisoners mouth was
bleeding from cut, and that blood
was on the side Of his face, near the
temple, at Z o'clock. before he left
FOR the Eldora jail.
Nicholson was recalled for few
i words just before the state rested.
Willard Strieken;s Interrupts Case.
A rather exciting interruption in
the proceedings occurred at 11:15,
when L. r. Willard, Of the Marshall
Oil company, was on the stand for the
defense. While being cross-examined
by Judge Stiger, Willards' head was
noticed to fall forward. He suddenly
turned CHASTITY pale, and the cold sweat
stood out in beads on his brow. He
failed to answer a question, and
"Tom" Healy noticed that something
was wrong. The witness was shaken,
and failed to respond. He was un-
conscious. Water was given him, and
g. doctor sent for One came in a
short time, and in the snte-room re-
storatives brought the witness to a
more normal condition. Mr.. Wizards
condition. is due according to the
physician to a slight attack of heart
failure, presumably induced by indi-
gestion. This afternoon Willard ap-
pears to be quite himself again.
State Elated With Case.
When court adjourned Wednes-
day night it was very evident that the
attorneys for the state were more than
satisfied with tho progress and strength
of their case. They sl1oweS by = num-
Der of reputable witnesses. aside from
the men interested in the Central
strike and in the ARRAY with To1er,
that there was no particular or bois-
ferrous demonstration prior to the
shooting. that no. loud talking or
threats had been INDUCED in, and that
Deputy Nicholson, while being whirled
A. sT-yY1 r--,n g. k1a4k 10 =
his hands not been held by his assail-
ants he would have shot three or four
more Of them.
Other Side Not Worried.
At the same time, the defense was
neither downcast nor nonplussed. Tom
Healy, of Fort Dodge, had subjected the
states principal witnesses to a rigid
and some of them to a scorching cross
examination. He sought to establish the
potent fact, by their more or less re-
luctant admissions, that defendants
arrival in Marshalltown had been ex-
pected by the strikers, assiduously
watched for, and that after his arrival
he had been spied upon, by the four
ringleaders, his every movement
watched, that he was followed, stopped
on the street, virtually surrounded,
captured and assaulted, all by a care
fully prearranged plan and that, he be-
lieving himself in peril, he opened fire
upon his assailants, or sought to, althO
his right wrist was seized by Charles
Winters before the first shot was fired
and held in his vise-like grip until after
OFFICER Haas arrested him and Davies
was dead upon the sidewalk.
So far there has been comparatively
little sparring between counsel, and
but few objections have been inter-
posed. Twelve of the states witnesses
had been examined UP to last night.
Winters Tells of Shooting.
Charles Winters, of Marshalltown, a
machinist in the employ of the Iowa
Central for nearly twenty-five years
past, was the first witness called We'd
nesday afternoon. He had known
George w. Davies three or four years,
the latter being a roundhouse machin-
list; was not acquainted with defend
ant; was present when Davies was
shot; came up from the union depot
alone to the Ketchum & Castor build
ing and stood north of defendant, who
was in conversation with John Min
etor, who asked Toler if he were go
ing to take that Central job. Toler re-
piled that he was, when Minetor said
1t was a "scab'' job and none but a
"scab" would take the place, or words
to that effect Toler's right hand was in
his coat pocket and he was appar-
emily trying to withdraw something
therefrom. Witness seized his right
arm, or wrist and held it firmly until
after the shooting was over and Officer
Haas took Toler in charge. Three shots
were fired, the first downward, the
other two hitting Davies, who was
standing south of defendant and be-
yond "Dick'' Jones. Witness heard Da-
yies say, Hes got me--Im gone" and
saw him stagger and fall. Davies took
no part in the conversation and no one
else but Minetor talked with Toler No
threats were made, no blows struck.
Defendant was smoking a. cigar from
the beginning of the affray until led
away by Officer Haas
Witness Cross Examined.
On cross examination Winters adj
mitted he had been out on a, strike
since May 90. and was not working on
the fatal 18th of July; that he had
been in company with NJ 1etor, Jones
and Davies late in the afternoon, that
they went from Center street to the
lepot, there separated and subsequent
" met in front of the Ketchum build
ng. as described; that he could easily
800 tt,e Stone restaurant from the east