The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-11-13
Trial of Forest Moran fol
Death of His Brother.
Defendant Supported by Favor
able Circumstances.
.DECEASED'S REPUTATION BAD
Witnesses Say He Was Cruel
Toward His Brother.
Shooting Followed ''Date"With
Girl From Near Dover.

and fatally wounded his brother. Mer-
ril at theirf home. four and a half
miles southeast of Dover. on the morn
ing of May 20. was resumed this morn
ing in the first division OF the Shaw
nee county district court and it was
expected that the case would go to the
jury at a late hour this afternoon
Forest is charged with murder in the
second degree In his argument, Hugh
Fisher, county attorney. frankly adj
mitted that, if found guilty at all, For
est should be convicted of mansiaugh-
ter in the fourth degree. Ed Roo6ey.
assisted by Harry K. Allen. is attorney
for the defense.
/ A Girl Affair.
There was a suggestion of the "eter-
nal triangle in the affair and II was
made evident during the trial that IL
led to the shooting. Merrill had been
out two or three times with Sylvia
Lister. 1t seems, but later she began
keeping company with Forest and re-
fused the attentions of Merrill. who
was more than match for his
younger brother. physically, testimony
| showed. Forest, who was the last wit
| ness to take the stand, told his story,
! which varied in few details from the
testimony of all the other witnesses.
! 1t was also stated that Merrill, a man
of violent and quarrelsome tempera-
| ment, had been numerically over
bearing in his attitude toward Forest.
| The Sunday evening following the
| tragedy, according to testimony, For
| est took Miss Lister to the Wesleyan
| Methodist church near Dover. Merrill
| and James, a brother two years older
| than Forest started out for the church
about the same time. Mrs. j. =. Mo-
| ran, the mother, testified that Merrill
| warned her at that time, 80 she
would be expecting it," that he was
going to beat Forest up until she
wouldn't recognize him." She says
she told him his attitude was wrong
| and that he cursed her
At church James and Merrill sat just
in front of Forest and Miss Lister.
| who, after the service, waited on the
| steps for the older boys to leave.
Some days previous, it was shown,
| Frank Doughty had had a CONVERSE
ton with Merrill. who told him, he
said, that he tMerriD was going to
overtake Forest with his two bron-
| chos, run his buggy into Forests and
jumpe just before the collision &C.
CURED. He would let the bronchoe do
postulated with him. telling him il
would be a cewardly trick to endanges
the girls life with that of Forests.
Merrill is said to have replied that she
was no better than Forest and that he
didn't care II he killed them both.
| Sat AL Night in Buggy.
! When it became evident that Mef-
ril and James were waiting for them
Forest and Miss Lister left the church
and started for the Lister home. A
few, minutes later they heard Merrirs
buggy, drawn by the bronchos who
fwere galloping their best, coming aftea
them. Forest whipped up his horse
but when he saw that he was being
overtaken, fired two shots from his
revolver to frighten his pursuerx
When the bronchos were within five
feet Of his buggy. he fired another
which halted them. He then drove in
behind a schoolhouse to let his broth.
ers pass, intending to eIude them and
start in the other direction. Thinking
another buggy which passed wal
theirs, the two started out and sud.
denly saw Merrils buggy Just ahead
SO they turned and raced all the way
to the Lister home. where Forest sal
all night in his buggy while his broth.
erS waited for him outside. Giving ur
the vigil shortly before daylight, the
two went away and Forest went home
where he seems to have attempted t.
elude them, but while in the kitchen
Merrill came downstairs
! According to testimony, Merrill a
once began cursing and when hi
mother tried to quiet him. called hei
|
against Forest. who took his mother
advice and went into an adtoiuin,
room. A few minutes later Merri
entered the room, where Forest wa
standing on his crutches. a spraine,
ankle preventing the use of hi
right foot. and holding his revolver
which he had picked up when h
heard his brother coming.
That Shot That Killed.
Now I've got you. damn YOU,
Merrill is alleged to have said an,
started at Forest, who raised the gu1
and fived.
Forest said he had intended &
shoot his brother in the shoulder, an,
that he did not mean to kill him
After the shooting, he drove to Dover
where he called Sheriff Hugh Larine
and gave himself up He stated tina
when Merrill started at him in tn
room he thought it would be useles
to call for help. as he had pulled tn
gun on Merrill once before when tn
latter had attacked him, at wttcl
time. he said. Merrill said he ouI
make him eat it." and was no
moved by it
: MerriI was brought to a hospital i
/ Topeka and died July 20 Sheriff
/ Larimer said he talked with nh
wounded man after the shooting an
that Merrill still expressed a determj
!. nation to break Forests buggy II DOS
sible. MerriFs reputation in tn
Dover community, according to wit
4 nesses, was bad
= We desire TO thank our man
friends for their kindness and flors
offerings IN the death of our hus