Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-04-11
WITNESS IN M,cAskllL MURDER
TRIAL rEsr,F,Es FATAk suL.
LET STRUCK CUPBOARD.
CONTEND FATAL
BULLET WAS pEFLEcTEp
Defendant to Take Stand In His Own
Behalf Today-Dsfsnss Outlines Case
--Witnssses introduced 70 Show Vie.
tim Was ouarrsIsoms-State Shows
Several Had Motives il 90 Tsstifyins.

murder Of Henry Phillips scored its
first important point in the district
court Wednesday when former City
Engineer c. T. Wilson testified that
from observations made by him at the
Phillips home a week after the shooting
the bullet which passed thru the chest
of Henry Phillips and then passed
thru the two doors Of the cupboard
struck the first of these two doors
while rotating end over end and that
his observations further showed that
this bullet changed its course in pass
ing thru this first door. The witness
also testified that the three marks on
the outside of the door, upon which
the state placed great stress as indi-
eating that Phillips had struck several
times with the poker at 'McCaskill
while the latter was trying to open the
door, only one Of them gave an APP
pearance of having been made within
two weeks prior to a week after the
shooting when he saw and examined
them.
This testimony is important to the
defense as substantiating the con-
tention of the defense that the Sec
ond bullet fired, the fatal one, was de-
Elected and that the probe expert
ments made by the coroner did not
establish the course Of the bullet
from the time it left the pistol until
1t entered the breast Of Phillips.
The defense has maintained the
bullet was detected while passing
thru Phillips and the testimony Of
Mr.. Wilson that the ball struck the
first door while turning end over end
is therefore considered material.
The declaration of Mr.. Wilson that
but one comparatively fresh mark
was noticeable on the outside Of the
door is also important as indicating
that a desperate fight around the door
as claimed by the state might not
have taken place.
MeCaskiII to Take Stand.
That the defendant, ]. T. .McCaskill.
will take the stand today seems certain
from the way things went yesterday
afternoon. The plea Of self defense
upon which the man bases his claim
for the shooting of Phillips will be
outlined by his testimony. Great in
terest in the mans story will no doubt
furnish a climax to the testimony SO
In the murder trial.
The defense will seek to establish the
truth Of the following contentious:
That the first shot was Aired after
Phillips struck the first blow with
the poker.
That both shots were fired while Nc
Caskill was on his knees and Phillips
was bending over him striking him
with his poker
That Phillips was angry and that he
had been drinking.
That Phillips drove McCaskill from
the house with the poker.
That Phillips was Of quarrelsome
disposition.
That McCaskill did not know Phillips
was dead until after he was lodged in
Jail and for this reason could not have
entered the kitchen after Susie left the
house.
That Phillips could easily have closed
the door against McCaskill II he had
wanted to as he was heavier and
stronger.
That McCaskill went back to the
house to get his overcoat and that after
Philips had told him to come in the
house and get it, Phillips attacked him
with the poker.
That McCaskill fred the shots while
in more or less dazed condition from
being struck nv tn poker and while
fearing for his life.
Phillips Reputation Assaulted.
When the defense opened its case at
the converting Of court yesterday. nine
witness were introduced to show that
the general reputation Of Henry Phil
lips as to being quarrelsome. and quick
tempered, was not good. Only partial