Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-04-12

"If necessary to shoot TO kill you was
willing TO do ito''
Yes sir l was
The above were the thrilling state
ments Of j. T. McCaskiu and County
Attorney Hoxie during the cross ex-
.::o oe - ~. ...e4 -. t..s..:c..
court yesterday afternoon just after
he had told the jury his story OF the
struggle in which Henry Phillips lost
his life. The general opinion IS that
McCaSkill has made a strong impress
sion on the jury in his effort to estao-
fish his plea of self defense.
McCaskill, Who IS standing trial for
the murder of the farmer, took the wit
ness stand al 9:45. Every seat in the
court room was filed. spectators three
, and four deep. thanked the walls. and
eventually overlooked into the aisles
obstructing the view of those behind.
! Witness said ne had just entered the
door. when Phillips struck hin, time
and again with the poker. He became
dazed and dropping TO his knees be-
gan cropping around with his hands.
He felt Mr.. Phillips legs and taking
the revolver in both hands turned 1t
upward and fred the first shot, When
he regained his eyesight he said he
was or MS knees with one % them be-
tween Phillips legs. He said he had
/ the pistol in his left hand then and put
J il in his pocket He had the grip in
! his right hand and going out TO his
/ buggy started for Jesup to surrender.
! Taken Into Custody.
/ on the way to Jesup the witness Was
/ met by John Youngblut. who told him
/ that he was authorized TO stop him. He
f; said ne told Youngblut 10 go TO Jesup
F; with him and they would then go 10
/ the county seat and give himself up to
/ the sheriff. He didn't know then that
/ Waterloo was the county seat Of Black
| hawk county.
He said he made the suggestion that
they drive in roundabout way ano
| this was done. They reached Water
loo late in the afternoon McCashl!l
said he was dazed and groggy all the
way to town. He showed fouHgoiul
his wounds and asked him If ne had
right to kill Phillips or not. Ioungoult
ieaid he didn't think he did He SAID ne
didn't tell Youngblut anything ABOUT
the combat in detail. After reaching
Waterloo he said he gave himself W
to the sheriff.
Phillips Grabbed the Gun.
NcCaskill stated he was on his knees
when he fred the first shot and that
Phillips was beating him over the heat
with the poker al that time. He saic
he had the gun in both hands with the
muzzle pointed upwards Phliilps
grabbed the gun and tried to take II
from him. In doing this he placed ms
hand on the gun in such a way that Il
prevented the hammer from solns
down and when he released MS grip lhs
hammer fell and the second snol "as
fired This shot was fired during the
struggle and the witness coulcn tel
what position he or Phillips vas II
then. He said he believed his lie was
in danger and that was the only reason
ne fred.
For the state County Attorney Hoxle
conducted most grilling cross e2'
animation Not a point was ieIt uh
covered and at times the contest De
tween witness and counsel waxed iuri
Gus. the witness insisting on ans"erihs
questions in the face OF objections ps
his counsel. Several times ne hao te
he cautioned by the court not 10 ta!f
when his counsel was trying to put II
an objection.
Cross Examination.
To the interrogations OF Attorne!
t1oxie McCaskill said he was invited
TO come into the house by Phlii1ps' VIZ
oreoeded him. Phillips, he said, has
his left hand On the knob OF the oool
which was partly open, and MS oacf
10 the kitchen and face TO the outs'u !.
~ tho door AS he told him to come IL
IN the cas-
and then Just as McCaskill entered
wheeled about and began strlklns NH
over the head with the poker
show Doors Of Phillips Home.
The outside door Of the kitchen Of
: the Henry Phillips home around o.
nv the side of which the shooting o.
Phillips by ]. T. McCaskili on Nov
% last took place, as we'll as the two
cupboard doors thru which tn
fata, bullet passed after 1t has
nlouehed its way thru the body Of tn
POWER township farmer. will be ex
hih;ted in court before the trial OF Nc
cask,r for the murder Of Phillips Il
completed.
These doors were brought In from
the McCaskill home yesteroa.
and are now in the private Office o
the sheriff. The kitchen door show
certain marks that might or might no
have been made by the poker In tn
hands of Phillips or by the revolVe
in the hands of McCaskil. The cup
hoard doors contain the holes cause
nv the bullet that ended the life o
| the victim of the tragedy. tn
kitchen door is painted gray. trfmme'
with red ard shows many years o
/ ussa ee. The cupboard doors are brign
red in color They will douotiessi.
+. prove interesting exhibits when pro
/. duced in court
From present indications the tria
will run well into next week and tn
probabilities are that the pleas to tn
Jury by the attorneys will not
commenced before Monday.
n It is highly probable that the jur
will BE taken to the Phillips farm, at
ter the completion Of the testimon!
and allowed to inspect the house an
= premises in order to familiarze them
selves with matters that have been de
scribe1 during the hearing.
Morning Crowd pisappointed.
The expectation that the defend
ant would be placed on the stand
testify in his own behalf Thursda