Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-04-07
JUDGE CLARK AGAIN REFUSES
TO PERMIT JURY TO HEAR Mo.
NAMARA's DYING WORDS.
ADDITIONAL TESTIMONY
TO PROVE WEAKNESS OF MIND
Friends and Neiehbors of McNamara
Family Talk on Witness Stand of
PecuIiarities of Ed McNamara, on
Trial for Killing His Father-Freaks
Of Mind Of His UncIes.


Special to Times Republican. ........
Northwood, April 1.-THE third at
tempt of the defense to get evidence
concerning the statements made by
Martin Mcnamara about his son Eds
mental responsibility before the jury
in the murder trial was met by the
same ruling which was made in the
instance when Miss Catherine Corcor-
ans testimony was offered. This was
when the defense offered to prove by
John Dorsey, who was one of the first
persons from outside the family to
reach the bed side of the injured man,
that the father made statements to
the effect that Ed was not responsible,
Thus far, the courts ruling in the
matter OF Mrs. Corcoran's testimony
on that subject has not been an
nounced. Mrs. Corcoran, it seems,
talked to the deceased even before her
daughter did, and her testimony con-
corning statements made by the de-
ceased would seem to be even more
| a part of the res gestae than the
Others. The defense has not yet offer
ed proof of these statements as dying
declarations.
Dorsey's Story.
John Dorsey, who was first on the
stand before in behalf of the state,
told for the benefit of the defense,
what he could of his acquaintance
with Ed, and of the things about him
which seemed different from other
people. The witness told of one time
when there was a bargain made be-
tween himself and Ed for the sale to
the McNamaras of a work team for
$40. Ed made three trips to see him
about it, and finally cancelled the bar
gain, because Dorsey declined to
throw into the deal a set of brass
trimmed harness, nearly new, which
cost him $50. In this, as in other bus
mess matters, it seems that he never
did anything without asking his
father or Pat what they thought about
it first
James Smiths Testimony. y
But by far the most important tes-
|
James Smith, the elevator man at
Grafton, and of William Burke, the
section foreman. swho followed him.
Smith saw Ed when he was in the
drug store, and again as he was leav-
ing it. His behavior was strange and
unnatural He moved fast with his
mead bent down, and did not speak to
the witness, but started right up the
railway track toward his home. at a
rapid pace.
Talked to Himself. Y
William Burke, the section foreman
at Grafton for the c., M. & st. P. rail-
road, was as important witness for
the defense as Smith, if not more So.
He was at work on the track between
McNamara's and Grafton when Ed
came down to buy the gun and the
chloroform Ed passed him, without
stopping, mum'bling to himself inco-
herently Burke said "Hullo," and at
the time thought Ed answered, altho
he kept on mumbling.
He thought little of it just then, but
when Ed returned from town the in
cident was repeated, and the defendant
again went by without stopping, altho
he quite often stopped to talk to
Burke about the work.
/ Burke also was acquainted with
Eds uncles. Tim and Tom ,scanlon,
and recited some of the experiences he
had with them. He told of one time
when Tim was on the point of stab
bling him with a jack knife, because he
thought he had mixed in fight in
which brother Tom" had become
mixed the day before. The witness had
1 To Il RorL%
time Tim told him he thought he must
peared and was gone for six months.
More About the Scanlons.
That Tom Scanlon claimed to be an
was the testimony of Barney Smith, a
Lincoln township farmer, who has been
a friend of the family for a generation.
Once Tom came to the Smith home,
and with a pail of water and some
other paraphernalia, was going to give
an exhibition of his supernatural
powers when Smiths father interfered
and put stop to it. He said that he
always considered the Scanlon boys as
very suspicious Of every one, and all
ways thinking that some one was cry
ing to do them" He narrated numer-
GUS instances when LIley were OIL.
Altho they were drinking men, he said
that their strange ideas were simply
made more pronounced when they
were in liquor.
81 never saw him at a celebration
in my life" said the witness in dis
cussing EDS past He was always
strangely quiet, and Of kind DISPOSE
ton. One time Ed went with him to
Chicago, in charge of a car Of stock.
All he would talk about was a trip he
had made to Texas a short time before.
He seemed very much excited, espe-
cially after they got to Chicago. The
witness said that in answering ques-
tons Ed did not seem to give much
4 thought to whether it would he re-
sponsive, but would say Eyes, SIR or
"No, sir" usually, without regard to
the question.
The Care Of the Closet.