Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1914-04-18
ARGUMENTS ARE
NOW BEING MAGE
EVIDENCE CLOSES IN TRIAL At
FAIRFIELD AT CLOSE OF
THURSDAY SESSION..
DUKE TELLS STORY
Ottumwa Attorney Recites Experience
With People Who Accuse Him
Of Executing Fraudulent
Mortgages.

| Fairfield, April 1.-THE attorneys for
the defense in the case of the state of
| Iowa vs. Lloyd L. Duke which has
been occupying the attention of the
Jefferson county courts since Monday
announced Thursday evening at $40
O'Clock that they were ready to rest
=; their case. After few minutes con-
sultation attorneys for the state an
nounced that they would not introduce
any more evidence and therefor the
court adjourned until this morning at
8 o'clock when the lawyers commenc-
ed pleading before the jury. 1t is ex-
pected that the arguments of the attor
neys in this case will consume prac-
tically the entire day and that the jury
will receive the case sometime late
this afternoon.
1t was not with the air of a guilty
man that Lloyd l.. Duke stepped from
the witness stand Thursday afternoon
after testifying in his own behalf for
nearly an hour, cut with CHEEKY open
burst of merriment at the c.osing re-
mark of an attorney which was so in
fictitious that it Immediately spread to
the jury and the attorneys and specta-
tors.
Attorney Duke recounted the story
of the drawing up of the mortgages
and notes for the Kellers saying that
he drew the former in two separate
instruments because requested to do
so by Keller. One Of the mortgages
was for $3,40O he believed, and the
other was or $4,000, but he was sure
they fixed the amounts and tt>ld him
what to make the papers out for. He
repeatedly asserted to the jury that he
had asked Mrs. Rubey if she had loan
ed this money to her son-in-law, Keller,
and she said she had, that the mort
cages would be valid all right as they
were for value received.
Mr.. Duke denied most emphatically
that he had ever told the Kellers, and
Mrs. Rubey to make out mortgages
big enough to cover all their property
and give them to someone whom they
could trust and thus keep off their
creditors. He disclaimed all know
ledge of fraud in the papers in any
way and testified over and over again
that he supposed they were all right
and made them in good faith.
Mr.. Duke told his story in a straight
forward manner and at times had to
be stopped by the attorneys as he
seemed anxious to relate everything he
could possibly remember regarding the
case whether it was asked for or not.
Mr.. Dukes young wife and his moth
er were both on the stand for a few
minutes late yesterday afternoon and
both told of Keller visiting Dukes Of
flee when the latter was out of the
city.
j. B. Sax, a merchant of Ottumwa,
testified as to the character and repu-
tation Attorney Duke had in Ottumwa,
and said his honesty and integrity
had never been questioned so far as
he knew and morally his reputation
was good.
DR.. M. Bannister, prominent physi
clan of Ottumwa, also testified as to
the excellent character and standing
of Mr.. Duke in his home city.
Charles E. Carter of Ottumwa, testi-
fed to the fact that he went with At
torney w. S. Asbury to the Keller and
Rubey homes near Salina about five or
six weeks ago and was present when
Mr.. Asbury talked with Mr.. Keller and
Mrs. Rubey about the mortgages.