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Lytle Recalled to Witness Stand Today in Murder Trial of Joseph C. WarfDeputy Sheriff Larry Lytle resumed testimony ihh morning as a state’s witness in the district court murder trial of Joseph C. Warf in which the state is attempting to prove premeditated murder without justification.Warf. a 33-ycar-oid Helena hair stylist, is charged with first degree murder in connection with the Nov. 17 gunshot death of Kaymon C. Toll, 38, Helena carpenter. Toll’s body was found in Warf’s residence at 1208 Twelfth.Dislrict Judge Lester H. Loble, who is hearing the case with a jury of ten men, two women and an alternate juror, today admitted as state's evidence two photographs taken of the victim shortly after the shooting occurred. Two other photographs were admitted Tuesday after Judge Loble ruled, on the basis of a supreme court decision, that such exhibits could be entered.Lytic today repeated his description of the wound found on Toll's body. He said the discharge from the shotgun entered Toll’s face slightly above and lo the right of his mouth and traveled downward to its resting place in the left neck.In cross-examination by John C. Mahan, defense counsel, Lytle told the court that the photographs he had taken would not show that the knife was “covered with blood. The deputy sheriff also said he did not check the shotgun for fingerprints nor did he examine other articles in the house for prints.Further questioning by Harrison pointed out that Lytle did not make these checks because too many people had left prints in the house before the shooting and there was “no percentage1 in taking fingerprints.In other morning testimony, Dave Middlcmas. sheri ff-roronor of Lewis and Clark county, was called as a stale’s witness. State's exhibit No. 26 was also introduced which Middlcmas explained as a wallboard with ten 12-inch squares into which shot patterns from Warf’s shotgun were fired at various distances.Court was to convene at 2 p. m. when Middleman will be cross-examined and Dr. Orville Anderson, pathologist who performed the autopsy on Toll’s body, will be called to testify,Hanley called six other state's witnesses Tuesday. They included Mary Lou Landrcy, Toyofco Ball and Emmett 0. Glover, all of whom live in an apartment house near the Warf residence and to whom he came seeking help after the shooting. They testified on Waifs behaviour.Also testifying were Elmer(Bud) Edden, Mrs. Edden and Mrs. Toll, widow of the victim. They related events of the night and morning which occurred at the Edden residence where Toll and Warf bad stayed preceding the fatal shooting.Their testimony showed that a proposed hunting trip was called off because both Toil and Warf had been drinking and “were in no condition to hunt.” Mrs. Toll said her husband did not own a gun or a hunting knife but borrowed this equipment from Edden whenever he hunted.Each of these three witnesses related the pranks of Toft and Warf involving pouring glasses of water on each other to awaken the other. Mrs. Edden said Warf apparently dozed off sometime during the morning with a lighted cigarel in his hand which burned a hole in bis trousers. She said she was afraid of the “violent look in his eye as he stood at the kitchen sink surveying the hole and at that time asked him to leave her home.They said the last time they saw Toil alive was when he left with Warf in the iatter's car.Helena Men Named to CommitteesAlem L. LaBar, president of the Montana Ass'n. of Insurance Agents, this week announced appointment of chairmen and members of committees of the state organization who will serve during the coming year.MAI A officers include Ed W. Thomas of Missoula, vice president: James E. Driscoll of Butte, secretary - treasurer, and Everett North of Billings, national director.ss1«GRegional directors for the insurance group are John Braun-beck of Miles City, Frank Grady of Missoula, II. L. Greiner of Butte, Sam Kaislcr, Jr., of Bozeman and Stanley 0. Snyder, Havre.Committee appointments were made by LaBar as follows: Auditing—Victor Kruger of Augusta, chairman; Kari Deshler of Butte, G. A. Fjeidstad of Sidney, Charles Lowery of Great Falls and Merritt Williams of Laurel.Casualty and contact — Don Burns of Helena, chairman. Membership of the committee is made up of MA1A executive committee members.Education — Boyce Clarke of
Newspaper Details
Independent Record
Helena, Montana, US
Wed, Jan 22, 1958
Page 3
Full Page
Clipped by
Susan S.
KY, USA 10 Nov 2017
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