Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-02-02
Plans to Avoid Necessity of
Trial in Union Murder Case
Blocked by Defendant
DEFENSE is RESPONSIBILITY
Winters Attorneys Outline Case and
Will Attempt to Prove Mental De-
ficiency - Mrs. TrimbIe Again over-
come at Sight of Winters Not
Be Able to Testify.
Special to Times-Republican.

Special to Times Republican.
Edora, Feb. 2.-The Jury was COM
pleted in the Winters murder case at
$3.50 yesterday and as soon as the
jurors had been sworn and had taken
their places a recess was taken and 1t
soon became apparent that the attor-
neys for the state and the attorneys
for the defense were trying to get to-
gether on an agreement to have the
defendant plead guilty to some charge
and thus avoid a trial. The defense
offered to plead murder in the second
degree and Judge Albrook positively
refused to allow such a plea to be en-
have the court agree to accept plea
Of murder in the first degree with the
understanding that defendant was to
only receive life sentence.
Mrs. Trimbie Agrees to Life Sentence.
Judge Abrook at first hesitated to
agree to anything, but finally did agree
to talk with the widow and son of the
murdered man and do what they
wanted in the premises. The widow
readily agreed to a life sentence, but
the son held out stiffly for the death
penalty, but when the poor. heart
broken widow and mother said to her
son: Il don't want to take the mans
life" he finally agreed, and it was
arranged that, with this understand
ing, such plea was to be accepted
Winters and his attorneys agreeing to
the proposition very readily. Attorneys.
defendant, jurors and court took their
respective places and while the stiffness
of death came over the court room the
defendant was asked to stand up.
Refuses to Plead to Indictment.
The court asked Winters to make his
plea and before the Indictment was
read he said in a firm voice, II plead
guilty" but immediately County At
torney Ward read the indictment and
Winters. still standing. said:
That's against my mind and against
the truth to say that.
Just at this time the defendants
father, probably believing his son did
not understand and knowing of the
attempted to speak to the
defendant, but the court ordered MIN
to desist and when for a second time
he attempted to speak to him the court
said sharply, Il told you to stop. | am
not asking anything of you and if you
interfere again / will have you re-
moved from the court room" Turning
to counsel the court said:
proceed with this trial, gentlemen"
Widow Again Overcome.
One hour and forty-five minutes
was taken up in this way and during
all that time the spectators, who filed
the court room to overlooking, not un-
what was going on, had
stood silently in their places wonder
ing why the trial did not begin. While
this was going on the widow of Linn
Trimble had walked into, the attorneys
room and looking thru a
window had caught sight of the pris-
oner, which Immediately caused her to
scream and she had to be taken out
of the room. When Winters was taken
to the jury room to consult with his
attorneys he had to pass near Mrs.
Trimble, and as soon as she caught
sight of him she again gave a piercing
scream which was heard all over the
court room 1t is not thought that Mrs
Trimble will ever be able to take the
witness stand and face the murderer
to testify in the case
Prisoner Closely Guarded.
Six special deputy she,riffs guard the
prisoner to and from the Jail and are
constantly stationed about the court
room.
Twelve new witnesses have been
subpoenaed for the defense. In his
statement to slle jury Mr.. Rogers, at
torney for defense, admitted the shoot
ing and killing of ,rrinble and outlined
the defense as one of mental irrespon-
sibility.