The Rock Island Argus and daily union. (Rock Island, Ill.) 1920-1923, 1922-01-26
larry POSITION
SAYS MUELLER
MAS AGGRESSOR
a. inscription of Fight Differs In
Every Detail Prom Previous
Testimony.

Harry Poston, an East Moline
=; driver. witness for the defense
he trial of John and william
S,.sver for the murder of Harry
suslIer, this morning cast an en-
i 4-srv different aspect on the fight
- 20. 1921, at the farm of Mrs.
csorge Weaver
poston saw the fight from begin
.ur TO end, he said. Mueller, he
iselared. struck the first two blows,
srocking william Weaver down
- time. Both sides then ex-
1aneed blows, he said. John
/ Tsayer. to whom witnesses for the
1 ,,sta have ascribed an active part
: the fight, was at no time closer
/ han Is feet to the combatants, the
-sfness said. In recounting the
struggie, Poston made no refer
sace to Mueller being down at any
,Iu,e nor to kicking, as described
~ previous Witnesses.
Postcn's narrative produced q
harp scene between the opposing
rttorneys. In the midst of the
msstioning, States Attorney Ben
! Bell jumped to his feet and OBJ
acted to what he termed, manu-
sctured evidence.
G e. Dietz, counsel for the de-
,snse, demanded that the record
.how this charge, and then facing
Rel. spoke somewhat heatedly: II
resent any such accusation that l
an connected with a case where
manufactured evidence is intro
duced.
I'm not accusing you of such"
The states attorney replied, but
Il | thought so wouldn't hesitate
10 say it"
At this juncture, Assistant States
Attorney E. L. Eagle suggested that
the court admoniSh the witness as
to the penalty for false testimony,
and Dietz answered with a coun-
ter-suggestiOn to the court to ad-
monish the assistant states attor-
ney as to alleged improper remarks.
In the beginning of his testimony,
Poston said Mueller, upon ap-
proaching William Weaver, tapped
lin on the shoulder. They were
then west of the barn and both
walked around to the east side.
Poston said he heard them arguing.
\ Asked if he overheard any remarks,
he said he heard Weaver say, Il
didn't" and Mueller answer, You
did" These expressions were re-
peated two or three times by the
two men, he said, before he heard
Mueller say, I've got it in for you,
anyhow"
Describes Fight.
Describing the fight, Poston said
Mueller hit Weaver first Weaver
dropped to his knees and on aris-
ing was struck again, once more
falling to the ground. Getting to
his feet, Weaver then exchanged
blows witA Mueller. he said. The
fight stopped and Mueller walked
away alone, he said. This was the
point at which the states attorney
arose with his objection.
Attorney P. R Ingelson, who was
interrogating the witness, contin-
ued with a query as to whether
poston knew Ed Ford or not. Ford
has previousI' testified for the state
that he attempted to stop the fight.
PostOn said he knew him by sight
and that he had noticed him at the
scene just a brief time after the
tight had ended. He said he heard
Ford say. I've got it in for the
Weavers, too" and emphasize il
with a threat. He said Ford was
IN the act Of taking his coat off.
Rolio Buck was holding him, the
witness said
Relative TO John Weaver's part
n the fight, Poston said he was
not within less than Is feet of the
struggle the entire time.
In that part of the cross-exam-
nation conducted up to noon re-
cess, the states efforts were cen
.ered IN learning about Poston' s
ne ms various occupations, man
ner or living, and of his move
ments the day of the fight Poston
lFes at the Morgan hotel in East
moline At one time he was hoist
ile engineer with a construction
company but is now driving a taxi.
ne was at the Eagles club in Mo-
me prior TO leaving for the farm
., MRS George Weaver. This was
aooat o'clock, and upon going
% Fifteenth street and Sixth ave-
nue ne met Charles Sonneville.
Ioston made the trip to the farm
u Sonneville's car, he said.
Inc state was restricted by the
. "uft IN attempting to learn from
.ue witness all the details of his
movements the morning of Jan. 20,
q ne KIND of a car in which he
.eat 70 the sale. States Attorney