Hide Article Text (OCR)
Jury Is ExpectedTo Get WarfCase Late Today\(crClltodccrtThe defense rested at 10:10 a. m. and the state’s rebuttal testimony concluded at 10:30 a. m. today, the fifth day of the first degree murder trial of Joseph 0 Warf. charged in connection with the Nov. 17 shotgun death of Ray-mon C. Toll, 38. 6:Judge Lester H. Loble excused the jury of ten men and two worn-I en until 2 p. m. when instruc-' tions will be read and final ar-| guments will be made by County Attorney John C. Harrison and John C. Mahan, defense counsel. | Judge Loble denied the introduction of a proposed state ex | hibit which purported to show that the defendant had been charged with “attempting to commit a felony” in Tennessee in 1850. The charge was described as “attempted bigamy.” |In denying the introduction of p the papers concerning the Ten-i nessee charge. Judge Loble said the charge is considered a mis-f demeanor in Montana and com-™ mented that bigamy is either r* committed or not committed and 8 that he could not understand n what “attempted bigamy” would * be.Mahan moved for a mistrial on l* the basis of the attempted intro-s duction of the state's exhibit. He I* based his motion on what he •• termed prejudicial evidence h which created doubt in the minds p of the jury since the nature of 1 the attempted felony was never s specified in the presence of the ‘•I jury.ej Judge Loble denied the motion 7*1 for mistrial but the exception was noted. He advised that the state’s attempt to introduce the document placed the state’s case in “grave danger” and that a final decision in the matter may have to be made by the state supreme court.Warf was recalled to the witness stand this morning for re-1- direct examination by his counsel, n The defendant testified that he )- had a fear of knives, stemming l- from a stab in his stomach by a knife while boarding a bus in f Louisville. Ky., in 1944. Deputy ‘I* y County Attorney Clarence Hanley {h objected to further questioning h on the basis that it was too reseatesiigracl-scdlt;nlt;caPi01!caycisPiPlt;taPlt;t mote in point of time. The objec- nlt;Mtion was sustained.[.| In other questioning by Mahan, ‘u tjlWlrf said that he did not touchi ® e the knife which he had testified s. t earlier the victim was brandish- 'J yjing in a threatening manner. | Warf has claimed he fired theioaishotgun blast at Toll after the u deceased threatened to slit his ™ ! throat. i ’b| The state called two witnesses l: l* | for its rebuttal and introduced its id last exhibit which was a gray and red billed cap. Warf testified Thursday that he had purchased ^ such a cap at a Helena store for Toll but said he did not recall ^ whether or not Toll was wearing it at the time of the shooting. ti j Deputy Sheriff Larry Lytle h and John Norman Matthews, clt; called to identify the cap, both P testified that the cap was found T toward the back of the seat in an ti overstuffed chair and that the cap o did not appear to have been sat b on or crushed when they observed clt; it. Matthews was a member of a RI •seven-man coroner's jury called ir to the Warf residence at 1208 X Twelfth to view the scene of the u shooting soon after it was re-|* ported.Warf, on the witness stand most of Thursday in his own defense, testified for his counsel and under cross-examination that Toll had been sitting in the chair preceding the shooting and that he (Warf) had shoved Toll in the direction of the chair after Toll slapped him. The defendant said Toll struck the chair, pushing it against the wall, and then came after him in a crouching position with the hunting knife.The trial of the 33-year-old Helena hair stylist has attracted large crowds of courtroom spectators. An estimated 250 persons, more than two-thirds of whom were women, filled the courtroom of Department No. 1. The case is being heard in the courtroom of District Judge Victor H. Fall because of its larger seating capacity.I
Newspaper Details
Helena Independent Record
Helena, Montana, US
Fri, Jan 24, 1958
Page 10
Full Page
Clipped by
Susan S.
KY, USA 10 Nov 2017
Other Publications Near Helena, Montana
Helena Sunday Independent Record
Independent
Helena Weekly Independent
Independent Record
Helena Daily Independent
