Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1916-05-19

up and around, when he suffered re-
lapse and died April 30, 1915. He
claimed there was no excuse for Car
rington toting gun and declared that
evidence would be introduced to show
oonclusivelv that Darlington was guilty
OF murder as charged in the indiCt-
ment.
Claim Self Defense.
Sell defense is the theory upon
which the defense will rest according
to the statement of Clyde S. Walker.
who made statement for Darlington.
He said that the element of malice and
generalization necessary to sustain A
murder verdict, was lacking: that Car
rlngton had never shown any feeling
against Nesbit but that the latter had
openly expressed his dislike for Car
rington and had made threats against
him. He pointed to the disparity in
their weights, ella ming that CarringtCn
at the time of the shooting was but lis
while NeShit was powerful man. tin
ping the scale at over 40. He de-
clared that Nesbit was the aggressor in
the fight and that the boy did not shoot
until he thought his own life in jeop-
ardy.
The jury was then excused until this
morning at O'Clock. when the intro
duction of testimony was started.
Evidence introduced.
First witness called this morning
was Robert OtterSOn, Switchman. who
told of seeing the two men in the Bur
lington coach and hearing the CONVEX
sation between them in which Nesbit
is said to have told Darlington to keep
his feet off the seat and that Caring
ton replied he would report him.
Frank TAYLOR, Chicago. cook. said
that Darlington was his third assist
ant and that the boy came to the bunk
the night before the shooting between
10 and II and that he told Caring
ton to take blankets to the cars and
take them to the depot. The coach
was about one hundred yards from the
sleeping place of the men. On cross
examination, it was shown that Taylor
ordered Darlington to ride on the
coach.
The testimony which John Seman,
switchman, gave related to seeing
Nesbit on the west end of the coach
leaning on his arm. The train was
moving at the rate Of from four to five
miles an hour, he said He did lot
see anyone get off the train as it
moved to the depot.
Another switchman, F. T. JOhansen,
Barstow, told of knowing Nesbit since
| 1909 but could give little testimony
of value He was followed by Henry
Stocker. who told of examining the
car after the shooting. He described
the broken seat near the center OF the
car. and said there was blood on 1t,
while across the aisle was bundle OF
! blankets. Under cross examination
/ it was brought out that it was light
! enough to see distinctly. The witness
said it was his impression that some
| one had had the nosebleed, when he
| saw the blood on the seat
Finds Blood Trail.
Further testimony relative to the
way the coach looked after the fight,
was given by Henry Morton, who
| cleaned the coach. He said a trail o.
blood led from the broken seat to the
west end OF the car. He could not find
; a bullet hole in the car.
! The bullet was found by Earl Bate
! man, train fagman, who testified he
! located it in the seat. He identified the
missile.
! That the Burlington has a ruling
! prohibiting employees from riding on
trains except those on the engine,
when coaches are being switched, IN
less actually on duty was shown in
testimony of ". L. Ayers, general
f foreman. under whom Nesbit worked.
! He explained Nesbit's duties relative
to cleaning coaches. He examined
. peoples exhibit No. 3. which is the
/ seat in which Darlington was said To
/ have been sitting when Nesbit came
into the coach. He said it was til"
second seat on the south side of the
! coach. Five seats back was the brok-
en- seat. where the fight occurred.
/ This afternoon officer Berry and
newspaper men who we're in police
court and heard Nesbit tell his version
of the shooting, were the first wit
nesses called.