Typed as spelled and written
- Lena Stone Criswell

THE DAILY DEMOCRAT
Thirty-First Year - Number (Missing)
Marlin, Texas, Thursday, August 6, 1931

DEFENDANT TESTIFIES
IN HIS OWN BEHALF

Constable and His Brother
Tell of Knife Figuring
in Murder Trial

"The reason why I shot him, I thought he was going to hurt me," F. W. Grochoske, constable of justice precinct No. 6, told a jury in Falls county district court at his trial on a charge of murder in connection with fatal shooting of W. A. Rowe at a dance hall near Otto last spring.

Albert Grochoske, brother of the defendant, continuing his testimony begun shortly before noon, told of picking up a knife at the scene of the shooting.  "There lays the knife," someone said, the witness testified.  It was a few inches from Rowe's right hand.  Witness picked up the knife.  Frank Rowe, Boss Powers and others were present.  Powers said, the witness testified:  "Give it here," and then: "It ain't his knife."  Witness said Sheriff Reese and County Attorney Pearce came to the scene later that night and he gave the knife to Reese and saw Reese give it to Pearce.  Witness said he didn't see the knife in Marlin the next day, Sunday, or Monday.  Albert said the knife was just like one which he had testified was taken off Rowe when the latter was arrested by defendant and witness on a prior occasion.

Chas. Joreska testified he found a gun near the hall the day after the shooting and told Constable Dean of Mart about it.

Elgin Schlemmer testified he heard the shooting and it was pretty rapid.  He told of Albert Grochoake trying to stop a car driven by Ernest Steinke which came up after the shooting.  He estimated Rowe lay on the ground about 30 minutes.  He heard the defendant say he would have to get somebody to get a doctor.

The defense continued presenting character witnesses both as to reputation of defendant and deceased at intervals during the afternoon.

Mrs. F. W. Grochoske, wife of the defendant, said the morning after the shooting her husband had bruises on the head, chest and under an arm.

M. M. Reese, Falls county sheriff, testified that the night of the shooting Albert Grochoske gave him a knife and that witness gave it to County Attorney Pearce the next day, Sunday, or Monday.  Witness said the knife was similar to his own, which he displayed.  Witness said Pearce later told him he had misplaced the knife.  Witness said he examined the Rowe car and didn't find any whiskey in it, but did see some empty beer bottles in it.  Reese said there were two or three exit wounds on Rowe's body near the right breast.

Defendant Called

The defendant was the next witness called.  He opened his testimony with statements regarding certain incidents about which the state had been querying character witnesses.  He said he never did hit Lee Linneman with a six-shooter; that he hit George Chapman with a pistol on one occasion when the latter resisted arrest; that he arrested Buck Gilmore and slapped him; that he did not cut William Miller; that he once had a few words with Henry Koehne; that he a little spat with Len Pittman once about some stock but did not draw a pistol on him; that he once had to call Jesse Gilmore down at a dance; that he hit Fritz Radle with a gun at the hall once when the latter cursed and struck him; that he did not hit Paul Kluck with a gun or threaten to shoot him, but did slap him on one occasion when serving a warrant; that Will Menzer once made fun of him and he slapped him.

The defendants told of arresting Rowe six weeks before the shooting, saying Rowe had been drinking.  Later, Rowe was released and allowed to return to the hall.  Witness said that some time prior to that he approached Rowe at the hall about flashing a light in peoples' faces and told him he had to "cut that out."  Witness said he had no ill feeling against Rowe.

Testifying about the night of the shooting, the witness gave details of incidents leading up to it which paralleled evidence previously given by his brother, Albert, on these points.

Hearing bottles rattle in Rowe's car, witness told of going to it  and seeing some beer bottles with caps on and a pint of what he thought was whiskey.

Witness said that just before he grabbed Rowe, the latter jumped toward the car.  Witness grabbed Rowe by the arm, he said, and Rowe jerked loose and struck him.  Rowe twisted and tried to trip witness, who told him to give up and Rowe said, the defendant testified.  "Hell no, he wouldn't give up to nobody.  In the tussle Rowe clinched me and tried to get my gun."  Witness said he again told Rowe to give up and Rowe didn't say anything, striking the defendant several times and then kicking him.

"He jumped back and came back at me with a knife,"  Grochoske testified.  "He struck at me and I shot him."

The defendant said he had six bullets in his gun and that there were two loaded shells and four empties in it after the shooting.

Witness said that when he saw Rowe had turned, he quit shooting, and Rowe ran.  Before the defendant reached Rowe lying in the grass, the former's brother, Albert, got to the wounded man.  Witness saw a small bloody spot on Rowe's clothing and said "He's hurt--let's get a doctor." Witness asked someone to get a doctor and then went to his car, he testified.

Examining the Rowe car after the shooting, witness said he saw in it, two bottles of beer, an empty whiskey bottle and a short handled axe. He said a dog in the car prevented a very close examination.  Prior to the shooting, witness said he had information Rowe was bringing whiskey to the dances.  He had never seen Rowe dance any.

On cross examination, witness testified he did not tell County Attorney Pearce at Albert's house the night of the shooting about the knife, or the two bottles of beer.  Witness said he brought the bottles to Marlin the next morning.

At conclusion of defendant's testimony, the defense rested.

The state opened its rebuttal with a number of witnesses from San Saba, where Rowe served as a deputy sheriff and was elected constable, and from Kirk where he formerly lived, who testified deceased had a reputation of being a peaceable, inoffensive man.

Dr. C. C. Collum was recalled by the state this morning to testify regarding location of wounds on the body of deceased.

C. M. Pearce, county attorney, said the knife refered (sic) to in the testimony of Albert Grochoske was given to him by Sheriff Reese at the courthouse in Marlin and that it had been misplaced.

That there were four of five shots fired and he saw Rowe running during the last two or three shots, was the testimony of E. E. Forke.

Mann McGaughey and James Young testified they were in the car with Roy Young, state witness Tuesday afternoon, at the time of the shooting and told of it as they saw it at that point.  James said that after the shooting a car driven by "the Steinke boy" ran over Rowe.

Curtis Ludwig and Matthew Pittman told of walking from the hall porch with Rowe and Louie Geisler just before the shooting.

Paul Kluck gave his version about an incident to which the defendant had testified Wednesday afternoon on an occasion when the latter said he started to serve a warrant on Kluck.  Len Pittman told of quarrel with the defendant when, he said, Grochoske "grabbed for his gun," but did not pull it.  Willie Menzer told of attending a barbeque at which he said defendant "slapped at him."  Asked if defendant appeared to be drinking, witness said he "staggered."  Witness didn't see defendant take a drink.  Asked if he had been drinking, witness replied he "drank one bottle."

The state continued presentation of rebuttal evidence this afternoon.

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The Democrat, Marlin, Falls County, Texas.