Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-12-18
Judge Bradshaw Holds That Ey-
idence to Establish Conspiracy
May Be introduced
EVIDENCE is PERTINENT
State Resists Effort to Admit the
Evidence Text of Courts Ruling
Defense Would Show Spying at Mon
mouth. and State Resists - Story Of
the Trial.
Special to Times Republican.

a distinct point of advantage in thu
| Toler case this morning. when Judg,
| Bradshaw ruled favorably to Its con
| tcption for an admission of evidenc,
| tending to establish a theory of con
spiracy.
In support of his decision the cour
said that If this defendant had beer
killed, and the decedent Davies. or one
of his associates, had done the killing
sci for the defense from authorities
would be admissible. Therefore, being
admissible when introduced for the
state l can not see why it should no.
be admissible and competent for the
defense" said the court.
Judge Bradshaw stated however
that he would pass upon the evidence
as to its relevance as introduced.
Will Defense Use It?
Singularly enough, however, counse
for the defense, who obviously sought
yesterday to open the door for intro.
duction of the conspiracy phase of the
case, in the examination of Witness
Barnhill, did not press that point at all
in concluding Barnhills examination
today
What earnhill Said.
Barnhill had testified yesterday that
hp W Mirotop i,,fa =,
Davies on Center street, shortly before
the homicide, told them that Toler was
taking his meals at Stones restaurant
and had gone there for supper. The
four men then started east on Market
street, according to the witness tes-
timony.
This morning the gist of Barnhill's
testimony was that he had frequently
seen the four men together in the
vicinity of the union station, and Iowa
Central shops.
Oil Man Tells Story.
w. r. Stewart, of ST. Louis, Mo-,
representative of the Sunflower State
Refining company. of Niotaze, Kas.,
was placed on the stand by the de-
Tense. He testified to have been walk
ing in company with l.. r. Willard, of
the Marshall Oil company, north from
the station on Third avenue on the
evening of the shooting He corrobor-
ated Wizards evidence as to the scuf-
file. and said that three or four men
appeared to be the aggressors, and
one on the defensive. Ten or fifteen
minutes might have elapsed in the
alteration before the shooting took
place.
Another Squabbie Results.
c. A. Abadusky, machinist's helper
in the Iowa Central round house at
Monmouth, ILL.,. was placed on the
stand, and another squabble between
the counsel of both sides resulted The
defense sought to get Abadusky to
relate an alleged conversation between
him, Minetor, and a man named Clark,
regarding watching Toler in the Mon
mouth shops, and also of threats made
at Monmouth against Toler.
The counsel for the state objected
strenuously to the evidence, and a
lengthy parley ensued.
While the witness was still on the
stand and before the court could rule
on the point raised, ex-Representative
Thomas D. Healy, of FIT. Dodge, who
was conducting the examination of
the witness, became slightly indisposed,
and had to retire from the court room
Court adjourned shortly after 1880
until O'clock.
Hitch Over Evidence Admission.
A jolt occurred in the Toler case
early yesterday afternoon that stopped
the Introduction of testimony for the
remainder of the day, and is likely to
prolong the trial day or two at least.
While Charles Barnhart, call boy for
the Iowa Central at Marshalltown, and
a witness for the state, was on the
stand he was asked a question by At
torney Healy which, if allowed to be
answered, would have instantly precip-
itated a conspiracy feature into the
case which the state had steadfastly
sought to avoid and was prepared to
combat, as was promptly shown by the
vigorous objection of Attorney Stiger.
Witness Barnhill was asked if he had
talked with TOler, on the day of his
arrival in Marshalltown, regarding
boarding place on Center street, and
if arrangements had been made to that
effect. He was not permitted to answer.
Mr. Healy submitted two orders to the
court, of which the court reporter
made transcripts, the jury was sent out
of the room, and for nearly three hours
Healy and Stiger read citations from
and enumerated precedents
in criminal cases wherein evidence had
been adduced relating to conspiracy, to
which objections were made, but which
was allowed because of special rele-
vency.
Mr.. Healy, tho courteous, was insist
ent in his contention for admission Of
the testimony he desired, while Mr. Sti-
ger was equally vigorous in resisting
it,
The court seemed inclined to favor
the state, at least in part, but finally
withheld decision on the essential con-
tention until this morning, and as the
defense was not ready to introduce ev-
idence on other phases of the case adj
journment was taken.
Defense Claims Strong Point.
Counsel for defense felt last night
hat they had scored a very strong
point during the day toward the es-
tablishing of their claim that De-
'endant Toler was assaulted by the
our men, Mnetor, Winters, Jones and
Davies; that these were ringleaders of
he strike, evidently conspired to do