Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-02-22
CROFT AFFIDAVIT HELD NOT AD.
MISSILE AS EVIDENCE IN
AENDoN vRlAL,
STATE PRESENTS DAMAGING
EVIDENCE AGAINST BROTHERS
vator Ruins After Fire-Sxty Sacks
Marshal Testifies Croft Offered
Bribe-Typewriter Was Saved.

Cente-v!!!e, Feb. oo.-Tie court held
that the written affidavit made in the
fire marshal's office at Des Moines,
missiole as evidence in the Hendon
arson case. The state made desperate
attempts to get it in evidence by piece
meal submitting certain lines in in
stallments, but in every case the court
ruled it out. This affidavit is said 20
have contained q statement by Mr..
! Croft that he believed the Hendons
stole the grain out of his building and
then burned it. When the court kept
it ont Deputy Fire Marshal Tracy pro-
ceeded to tell his story of conversations
with Mr.. Croft. the state laying special
stress upon the statement that Mr..
Croft made TO him that he lost his
! typewriter in the fire. Mr.. Tracy said
this and he declared it was burned.
when Mr.. Tracy proposed that Mr..
Croft go with him to the machine
where it had been located and Mr..
Croft made an excuse that he had to
go to the postoffice to mail letter.
and then refused to go.
! Druggist w. F. Berry, of Moulton
was put on the stand to testify that
the typewriter had been brought to
| his store by Mr.. Croft after the fire
f, He gave its series and number ana
| told of his calling the deputy fire mar
shal's attention to it.
; Miss Effie Gary was put on the
stand again to tell of the conversation
| between Mr.. Croft and the deputy fire
marshal in which Mr.. Croft said his
typewriter burned. She also told of
her offering Mr.. Croft the use Of her
machine after the fire and of his send
irs Il girl there to do some letter writ
ing, when the very machine that was
supposed to have burned was in its
case in the store below her office.
Grain Listed by Croft.
| Insurance Adjuster Toilette, repre-
senting companies that had $500 of
the insurance, told Of the list of grain
Mr.. Croft gave him as lost, being 81,
265.5S worth Of timothy seed, 100 bush
els of seed corn worth 500, 400 bushels
OF shelled corn worth s240, 1,031 bush
els OF ear corn worth s51S.60, 200 BUSH
els of mil!et worth siGG, forty seven
! bushels Of sweet corn worth s5S.75,
| forty bushels of oats worth $500, and
the elevator was listed as costing him
S4,S31.50. Mr.. Toilette said when he ex-
| amined the ruins there We're probably
twelve sacks of timothy seed, two Of
them scarcely damaged, the others
charred outside, and but very little to
show there had been any other grain
burned. The state contended that prac-
tically all the grain had been removed
from the elevator.
Says Croft Offered 500 to Marshal.
One Of the states main witnesses
was Fire Chief and City Marshal Nels
Upton, Of Moulton. He said that when
he went to arrest the Hendons Sept 6.
he told them on the way to town that
Mr.. Croft had offered him 500 not to
report it to the state fire marshal, and
thus cause an investigation. And fur
Their they said that If Croft hadn't paid
it they would see that he did. On cross
eXa mination the defense inadvertently
asking him if he had seen Croft have
any money or offer to turn 1t over to
nm, the state on redirect examination
got an opening to go into the trans
action with Mr. Croft and the witness
said that Mr. Croft had called him into
a restaurant and looked over the blank
report to the fire marshal with him
and offered 500 or more if he wanted
it to make the report so there would
be no investigation, which Mr.. Upton
said he refused. He admitted to the
attorneys for the defense that there
was a disputed bill between him and
Mr. Croft, the latter claiming that wit
ness owed him considerable sum.
about 800, for material. He denied
that ne told Mr.. Croft when the 800
was profered that he could get $500
from the insurance companies to re-
port the fire as incendiary.
Sheriff Lee Dowis told Of making the
search Of the Hendon sheds and find
ing the seed there, seven sacks of tim
othy and one Of clover in one shed
and fifty-two sacks Of timothy in the
. other a circumstance dwelt upon by
, the prosecution was that these sacks
showed evidence of having had the
strings cut, with which they were
sewed at the elevator, and being tied
after transfer to the sheds, a lot Of
short string being picked up from the
, floor and the sheds and some twine the
same as used at the elevator remain
, ing in the sacks in places where not
. pulled out
Te Defense Shows Its Hand.
The defense made it apparent that it
intends to lay upon Ray Replogle, one
of the star witnesses for the state, the
, responsibility for the burning Of the
, Croft elevator at Moulton to cover up
, alleged thefts he had made. Sam Davis,
a machinist at the elevator, testified to
, seeing him steal various articles and
grain. search made Of his barn, a
block from the elevator. shortly before
L. L. 4 L. !. iexl