The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1914-01-28
PLEA OF NESTOR
IS SELF DEFENSE
Defendant in Murder Trial
Says Victim Threatened
to Kill Him.

Testimony in the Nestor case clos
ed late this afternoon. Donald Mes
tor. the defendant was on the stand
this morning.
The young man, charged with first
degree murder. gave his testimony in
q calm manner. He said he struck
the blow which killed Richard Cook
In self defense. Stories of witnesses
for the defense differed slightly.
Many believe Nestor will receive
light sentence. Because Of the youth
Of the defendant the case is drawing
more spectators than any since the
Owen Terry trial eight months ago.
Nestor first recited the events of
his life since he was eight years old
When he was ten years old his moth
err died. He attended school until he
was fourteen. Much Of his life has
been spent near Middleport, O., he
said. He has worked as paper
hanger.
Came Here in 1912.
He left Ohio when he was nine
teen and came to Richmond in April,
1919. He says that the fact that he
has always been unable to get work
here was what led to the argument
which terminated in the stabbing Of
Cook
II was telling the strong arm man
at the Theatorium that Richmond
Cook stepped up and said I didn't
know what l was talking about. We
argued for a short time and he took
out his knife and started to rub the
blade against his hand.
Then left and went into the
Theatorium. After I had been in
there few minutes, l saw a pair Of
scissors and put them in my right
hand pocket. l walked out and cross
ed the street and Cook came up from
the west with another man. He call
ed me names and said he would cut
my heart ont. Then I struck at him
with the scissors and he swore again.
l left and ran toward Seventh street.
Prosecuting Attorney Keller asked
Nestor why he had thrown the scis.
sors away when he expected another
attack from Cook
II thought l had broken one blade
so just tossed them into the street.
Nestor said.
Nestor told how the police had ap-
pretended him and brought him to
police headquarters. At that time, he
uiu uot Iuluh uC lltao SCi louSIy III
jured Cook and did not know the scis-
sors blades were broken off in his
victims head.
Others Heard Threat.
The police put me in Jail and then
Mr. Gormon took me in his office and
I told him all about it. l did not
know that Cook was hurt so badly"
Nestor said.
While Mr.. Gormon secured the con-
fession on the night of October "a,
he wrote what Nestor said and secur-
ed his signature to the paper. Mes
tor said he had had three glasses of
beer the day of the stabbng, October
sixth.
Chester Ellis, Charles Bennett, FL
mer Schwab, Andrew Walker and 9TH
ers testified they had seen Cook with
his knife open and had heard the
threat that he would "cut Nestor's
heart out"
Nestor was less excited in giving
his testimony than several of the wit
nesses. He was able to remember
almost exactly what he had told Mr.
Gormon in the confession, part of
which was untrue, he admitted on the
witness stand.
He had told in his first confession
that he found the scissors on South
Seventh street and later, Mr.. Cor
mon had had the broken handles iden-
titled as part Of pair of scissors
which had been in the Theatorium for
some time.
Judge Fox cited the Thaw case late
today, when Attorney Allen objected
to Prosecuting Attorney Reller's ques-
tionfng witness on rebuttal as to
Cooks reputation for peace and sober
tety more than year ago when the
witness worked with Cook at the Am
srican Seeding Machine company.
Judge Fox overruled the objection
saying that the same question had
been fought in the cases of the state
Of New York against Harry K. Thaw,
in which William Travers Jerome was
states attorney.