Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-04-17
ARGUMENT UNDER Way
EVIDENCE ALL IN IN MCNAMARA
CASE AND LAWYERS ARE
TALKING.
CASE WILL REACH JURY
SOME TIME NEXT WEEK.
Defense Offers Brief Evidence in Sur
RebuttaI, Following States Wit
nesses Who Declared That Defend
ant Is of Sound Mind and Able to
Distinguish Right From Wrong.

Special to Times Republican
Northwood, April 1.-THE defense
finished sur-rebuttal and rested in the
Mcnamara trial late yesterday after
noon, and d. w. Telford has begun the
opening argument on behalf of the
state.
The last witness for the state on re-
buttal was DR.. e. H. Dwelle. He testi-
fled that the man assumed in the states
hypothesis was sane, and could dis
tinguish right from wrong. In some
respects, however, his cross-examina-
ton tended to support the theory of
imbecility. For sur-rebuttal defense
called but two witnesses, to prove that
the accused never took part in happen
ings related to night jailor, and testi-
fed to by him, as indicating sanity
The trial has been going on for three
weeks, and the reporters notes are es-
timated at 100000 words. 1t can not &c
to the jury before next week.
The day in court, until Mr.. Telford
began his argument, was a quiet, un-
eventful one. Nothing of very particu-
lar interest developed during the exam
nations of either DR.. Hurd or DR.
Dwelle. Dr. Hurd completed his testi-
mony at noon. DR.. Dwelle when cross
examined said that many of the
symptoms present in the defendant
which the defense claims are stigmata
of degeneration and inlbecility are
such symptoms, and should he taker
into consideration. Few of them Were
included in the states hypothesis.
The sr1r-rebuttal of the defense was
very b j. N. Sweiger was called tt
| counteract the impression that &c
once bought a truck wagon himself
left by the testimony of j. j. Bringholf
Mr.. Sweiger stated that Martin Nc.
Namara bought the wagon.
Pat Mcnamara was called and ties.
titled that Ed was never in Pennsyl.
vania, and that the stories related by
Paulson, the jailor, which he said Ee
told him, must have been the ram.
lblings of a diseased mind, if told at all
He also said that a man named Muir
ply killed the rattlesnake which Paul
| son told about and that it was he and
not Ed who got lost while out will
| the land locator.
Sur-RebuttaI Evidence.
| Northwood, April 1.-THE state
rested yesterday. DR.. c., "A. -Hurd, ply,
sician for the insanity commission O
the county, and only expert for stat,
who knows defendant, was called. H,
testified that he believes defendant tt
| ], hot
Hypothetical question of state wa
sane and knew right from wrong. Hi:
cross examination is going into symp.
toms of imbecility, in detail. Much at.
tention is being paid to lack Of devel.
opment in the skull, as indication o.
weak mind, and to discussion of local..
zation of mental powers in the brain
in effort to show that Mcnamara il
lacking in the parts of head which
contain the seat of will, and higher
Intellectual faculties.
| After recess the cross examination
led DR.. Hurd into considerable dis.
cussion of the value of the shape anG
size of the head as a symptom of veal
mindedness, altho his attention was no
directly called to the measurements O
the head Of the defendant. There wa.
also considerable discussion about thu
holding of medical authorities as tt
the localization of the various menta
powers and functions in the brain
What Mr. Markley wanted was to show
that Eds head is very deficient in the
rear portion, which is according to the
few authorities there are on the sub
ject, the location fthe seat Of tn
will, and the narrowness in from
would indicate a failure in the high.
er Intellectual faculties. DR.. Hurt
would not, however; attempt to sa,
that the functions Were localized tt
any great extent.