The Monett times., 1922-06-09
UNWRITTEN LAW PLEA
IN SWARTZEL TRIAL
Farmer Testifies on Stand that Slain
Man Ruined His Home and His
Own as Well.

I, Mount Vernon, Mo-, June 2.-The
unwritten law was injected into the
, trial today of Jake Swartzel, farmer
living near Verona, charged with first
>, degree murder in connection with the
murder April 25 last of Ira Thomas,
Verona merchant.
"A. Swartzel, testifying in his own be-
i half declared on the stand that
/, Thomas had, "ruined his home and his
!. own as well" and his statements
to bear out the feature were
corroborated by Swaftzel's. wife and
his 17-year-oId daughter, Irene Swart-
EEL 49,. ~,
J Self defense also was claimed by
Swartzel in his testimony. He said
before he shot Thomas, the Verona
merchant reached for his hip pocket
with the purpose, Swartzel believed of
drawing gun.
Swartzel said that a few days be-
fore the shooting his wife came to him
and declared that she had had inti-
mate relations with Swartzel. Mrs.
Swartzel also testified to that effect.
She said that about a year ago
Thomas made advances to her in his
store and at various times later had
attempted to force his attentions on
her.
About week before the shooting,
she said, she went ito the store to
purchase pair of hose. 1t was
during this visit, she testified, that
Thomas grabbed her in his arms, car
ried her to the rear of the store
where she said he assaulted her,
Mrs. Swartzei said she was too
frightened to scream.
The story of Thomas alleged at
tentions toward Mrs. Swartzel was
first told by her.
According to Swartzel his wife
told him of the alleged attentions paid
by Thomas after the slain merchant
was declared by Swartzel's daughter
to have made advances toward her.
The daughter confided in her mo-
ther, and, according to Mrs. Swartzel,
that action was what prompted her to
tell her husband.
Irene testified that she went into
the store two or three days after the
incident related by her mother and
that Thomas attempted to assault her
The entrance of Thomas son, at the
time, according to the girl, prevented
any further possible move on the part
of Thomas.
.Swartzel then related how, after
being informed by his wife of Thomas
alleged relations with her, he went to
Thomas and told him what he knew
of the incident and that "the town
wasn't big enough for both of them"
That he (Thomas) had not only ruin
ed Swartzels home but his own as
well.
Thomas agreed to leave, Swartzel
said.
On the day of the shooting, Swart-
eel testified, he saw Thomas on sew
eral occasions.
1t was while the two were standing
in front of Thomas store that the
shooting occurred Swartzel said he
did not take his revolver from his own
pocket and fire until Thomas reached
for his hip pocket, apparently to grab
his own gun.
In the opening statements, at
torneys for the defense said they
would attempt to prove the self de-
tense motive.
The prosecution began its case at
9 o'clock and rested at o'clock this
afternoon, after twelve witnesses had
been heard. A night session was held
tonight at which several defense wit
nesses We're heard.
Several witnesses for the prosecu-
tion testified that the relations be-
tween Swartzel and Thomas on the
day of the shooting appeared cordial
and that there was nothing that indi-
Gated the impending shooting.
Ernest Wilks, prosecution witness
said he passed on the sidewalk whered
the men were standing few minutes
before and that there was no tone of
excitement in their conversations.