Typed as spelled and written
- Lena Stone Criswell

THE DAILY DEMOCRAT
Thirty-First Year - Number 83
Marlin, Texas, Friday, August 7, 1931

ARGUMENT HEARD IN
MURDER CASE TRIAL

Additional Testimony Anent
Knives Given at
Hearing Nears
End.

       Arguments of counsel were heard in Falls county district court today in the case of F. W. Grochoske, constable of justice precinct No. 6, tried this week on a charge of murder in connection with fatal shooting of W. A. Rowe at Gruenwald dance hall near Otto.
       Taking of testimony was completed Thursday afternoon and preparation of the court's charge began immediately.
       In the presence of a large crowd which has thronged the court room through the trial, Judge Dodson began reading the charge at 1:15 o'clock this afternoon.  It dealt with the law on murder with or without malice, self defense, threats and their communication and the suspended sentence.
       Two hours was alloted (sic) to each side for argument, T. B. Bartlett opening for the state, followed by R. D. Peterson, assistant district attorney, and in turn by Cecil Glass for the defense with C. M. Pearce, district attorney, closing for the state.
       Indications were the case would be placed in the hands of the jury around six o'clock this afternoon.
       Wounds on the body of deceased were testified to by Jimmie Radle and Frank Rowe.  The latter, a brother of deceased, took the wounded man away from the hall after the shooting and said Albert Grochoske, brother of the defendant, showed them a knife as they started off.
       E. P. Arnold of Otto told finding a knife on the grounds of the hall, while Mrs. Laura Jane Rowe, mother of deceased, said she found her son's knife, after the shooting, in a book he had been reading at home.
       Emory Moseley testified he was at the hall the night of the shooting; that he saw Albert Grochoske flash a light on Rowe, start off, turn back, put his hand in his pocket, pull it out and "it looked like he dropped something."
       The state in its rebuttal testimony also called some witnesses to testify regarding Rowe's character.
       Sur-rebuttal of the defense opened with testimony of Night Chief Durham of Mart, who told of Buck Gilmore being brought to the Mart jail by the defendant and his brother, saying Gilmore bore no signs of having been beaten and that witness was later informed by Gilmore's brother that Buck had asthma, a physician being called.
       O. F. Schlemmer, who testified previously, was recalled and questioned as to description of the hall and the grounds about it.
       Ernest Steinke testified he drove by Rowe's body after the shooting and did not run over it, Albert Grochoske waving a flashlight at him.  Witness didn't know anybody had been hurt.  On cross examination, witness said he had told the county attorney previously that he "didn't know whether he ran over Rowe--that the boys had told him he did run over Rowe."  Witness said he didn't feel the car bump at the time.
       With this witness, the defense rested.
       Recalled by the state, Louie Geisler said on the occasion of Rowe's
arrest six or seven weeks before the shooting, witness went to the hall with Rowe and they had nothing to drink.
       Buck Gilmore was the last witness heard.  He testified that about the middle of March defendant hit him with his hand and a blackjack.  Witness said he had been drinking that night.  He said he bit defendant because he choked him.

----------

Permission granted to Theresa Carhart and her volunteers for printing by
The Democrat, Marlin, Falls Co., Texas.