Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-04-01
PLEADS N[AK MIND
DEFENSE IN MCNAMARA CASE TO
STAND ON IRREsPoNsl-
BtLiTY.
TAKING OF TESTIMONY
Is NOW IN PROGRESS
Possible That State Will Insist That
Question of Sanity of Defendant Be
Determined Before Trial Proceeds
Insanity Verdict Means Confinement
in State Prison.
Special to Times-Republican.

Special to Times-Republican.
/ Northwood, April 1.-The completion
of the jury, the opening addresses of
the states attorney and of the coun-
sci for the defense, and the beginning
of the states testimony, We're the fea-
lures of the afternoons proceedings in
the trial of Ed Mcnamara for the
murder of his father.
The jury follows:
H. Peterson, George Randall, c. j.
/ Nelson. A. NJ. Briton, NJ. E. Severson,
c. X. Paulson. B. P. Kenneson, Will
+ lam Doeble, Gilbert Naroesen, A. Gray,
T. l. Kaasa and A. E. Foss.
Immediately after the jury was
sworn, County Attorney NJ. H. Kepler
presented the opening argument of the
state The case which the state ex-
poets to prove as outlined by the coun-
" attorney. is about as follows:
That on the 26th of December, 1908.
Martin Mcnamara. his son Ed, the ac-
cused. Mrs Corcoran, the housekeeper,
and her daughter, Miss Katherine, were
at the home near Grafton. That Ed
went to town about noon and bought a
revolver. saying it was for his brother.
Then he went to the drug store and
bought chloroform-two ounces-aud
that when a one-ounce bottle was
shown him he said it would not be
enough. He asked the best way to sd
minister it to a dog. and was told to
pour it on cloth, over the dogs nose.
lie said he guessed he would pour it
down him. Later he poured it down"
himself.
The Shooting.
Then he went home, and into the
dining room, and after throwing down
some honey his father had telephoned
10 town for. and a card he had got at
the postoffice, he went into a bedroom.
When Kate Corcoran asked him to
come to dinner he told her not to both
er about him. His father went up
stairs and Ed followed. He fired five
shots into his fathers body at close
range, inflicting wounds from which he
died Ed came downstairs, went out
doors, returned with bottle and went
to his room. Later he was found
living on the bed unconscious.
with the empty bottle lying on the
floor AS to motive, the county at
torney told of Martin McNamara's al
legged intention to marry woman at
Clear Lake He argues that Ed did not
want any one else in the home his
mother had worked for, and that wher
he found letters which made him think
his father was contemplating matri-
nony and an item in the account
book. of expense to Clear Lake" he
thought he was going to be married
and became angry The state also re-
lies upon the defendants statement
that he shot his father, because che
had always played the gentleman, and
mother did the work" That in his an
ger he demanded that his father give
the woman up, and when he refused
shot him Mr.. Kepler expects to prove
that the crime was planned with mall
ice, and carried out in cold blood.
The Defense.
The defense, which opened by the
Statement of j. f. Z. Markley, will
not controvert the statement of fact
but denies that the act was done with
malice atorethought. and that the de-
PENDANT thought that he was doing
right. and was so certain that he was
that he was willing to sacrifice his
own life to keep his mothers memory
from violation. 1t will be proven that
Mrs. Mcnamara died about five years
ago, and that Ed has grieved for he,
ever since. that he often came from
sleep, or from work with his eyes rec
and swollen from weeping. That ilt
never had the mental power to with
stand impulses, or to judge as norma
men judge. That from his very con-
cepton he was abnormal, and hat
marks Tof weakness, and degeneration
That he had no sense of responsibility
and depended on his father and broth.
er when a grown man, even in buying
his own clothing
That his father plead for him with
all whom he talked to after the shoot.
ing, and said that he should have sen
him to a hospital long ago In the
main, the defense expects to prove
that grief broke down an already veal
mind, and that Ed acted under an i'm.
pulse which he could not control
There had never been a quarrel be.
tween the defendant and his father
1t will be shown that his mothers rel.
atives, including three brothers, wer,
mentally deficient The defense claims
that the very size of the defendan Mt
head, as it will be proven will be pre-
sumptive of an undeveloped mind.
Testimony Begins.
After Mr.. Markley finished tn
states testimony was begun. The frs
witness was DIR. McGlone, of Maso
City, VINO described the wounds upo,
the body of the dead man
Miss Kate Corcoran was on the stan
and began the story of the events jus
before and after the shooting.
Sanity Test May, Come First.
There was considerable talk abou