Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1912-02-22
COMPLICATION IN
The ARSON CASE
DEFENSE IN MoULfoN TRIAL
INTRODUCES TESTIMONY TO 4
DIscREDIT REPLoGLE

INTRODUCES TESTIMONY TO. +,
DIscREDlT REPLoGLE
Centerville, Feb. 21.-No sooner had
the defense begun the introduction Of
testimony Tuesday near court adjourn
ment in the Hendon arson case than
it was apparent that explanations are
picious action on the part of the de-
PENDANTS. Already testimony has been
introduced that goes to discredit the
statement of Ray Replogle, one of the
star witnesses for the state. William
Bennett, employed at the Croft ele-
vator as machinist, stated positively
that he himself saw Replogle take
grain and flour from the elevator that
did not belong to him. 1t was brought
out also that in the search of
Replogle's place near the elevator
shortly before his trial began some
tolls were found which Mr.. Bennett
identified as having missed while he
was employed at the elevator, also
three sacks Of timothy seed were
found in the Replogle barn.
Several witnesses who work at the
Wabash round house and coal chutes
testified that freight train made up
in the yards shortly before the fire
pulled out past the elevator going
north about fifteen minutes before the
fire started Witnesses working at the
same places also testified to seeing the
building shortly after it was on fire,
and that the blaze was in the roof. The
same witnesses agreed>that the round
house whistle blew from fifteen min
utes to half hour before the fire de-
partment whistle up town gave the
alarm. 1t is presumed that the defense
hopes to show that it was the round
house whistle that called the Hendons
to the scene so early, while others who
went to the fire were aroused by the
town whistle later. ,7-..
The alleged $1,000 jackpot for in
fluencing testimony for the state was
given something of an airing before
the state closed it's testimony DR.. w.
8. Downing was put on the stand. He
was one of the parties usually men,
toned by the defense in cross examin-
had been offered part of the Jack
pot. He denied all knowledge of such
a fund, saying it was mere fancy OF
the lawyers for the defense and was
never heard of at Moulton till this trial
began. He told of Mr.. Croft coming to
his office in company with John
Replogle and asking him to accompany
Mr. Croft to Des Moines to the fire
office where Mr.. Croft pro-
posed to make clean breast of all he,
knew about the fire. He refused to 60.
John Replogle, the father of the Ray
Replogle, now accused by the defense
of being the man who really stole from
the elevator and set it on fire, was on
the stand also. He told Of having gone
on the Croft Seed Co. note for $4,000
to lumber company. After the fire
he said he was especially anxious to
get his money and tried to do what he
could to help out the Croft people.
When the timothy seed was found at
the Hendons, and Mr.. Croft laid claim
to it as having been stolen from the
elevator, Mr.. Replogle went on the
replevin bond for Mr.. Croft. A certain
check for 1857, issued to, Mr.. Replogle
by Mr.. Croft since the fire was intro
duced. This, Mr>Replogle said, was
part of $500 Mr.. Croft offered to pay
him to 60 on his repleyin bond. But
the check was found to bear nota-
ton on it, Gin payment for GO bushels
and 20 pounds of timothy seed" This
the state Claims and Mr.. Replogle
testified, was not on there when he
cashed the check. The defense claims
It was check actually issued in pay
ment for timothy seed bought since
the fire, while Mr.. Replogle contends
he never did sell Mr.. Croft any
timothy seed.
Further to complicate matters it was
shown that the state fire marshal
paid Mr.. Replogle for his trip to Des
Moines with Mr.. Croft, while at the
time he purported to be making the
rip as a friend of Croft's. The defense
tried TO get in testimony, but failed,
hat after reaching Des Moines
Replogle took Croft to saloon and
got him doped up so he didn't know
what he was doing when he went to
the fire marshaPs office and made his
alleged affidavit that the court has not
admitted as evidence.
The case has taken on so many COM
plications that it will not be surprising
L doubts are implanted In the minds
If the jurors. This seems to be the
policy of the defense, which is in the
hands of some of the shrewdest law
7ers in southern Iowa, Claude r.
Porter and G. F. Howell of this city, J.
;. Mabry of Abba, and w. F. Garrett
" Moulton.