Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1901-09-10

the north part Of the city where the
family tent will be pitched in the near
future.
G. D. Fortune, H. C. Leach, John
Burgess and Pearl Sutton drove to Ell
don Thursday and attended the fair
which was reported good.
Misses May and Ella Wallace visit
ed friends at Eldon Thursday and at
tended the fair
Miss Odessa Swinney left Thursday
for three weeks visit with friends
in Ottumwa, Oskaloosa and Pella Wis.
iting Miss Blanche Van Derlinden Of
the latter city.
The arguments in the case Of the
state of Iowa VS.. Glenn Jennings of
Troy who is being tried on the charge
of assault with intent to murder, was
opened Friday morning by Taylor and
Scarborough, attorneys for the de-
Tense. In pleading the case the de
Tense endeavored to show that jim
Jennings, who made good his escape,
was the most guilty party as the tes-
timony showed that the most danger
GUS blow had been struck on the right
side of the head by Jim Jennings who
held in his hand a pair of knucks.
The testimony also proved that Pick
ems had said that IF he ever got into
any trouble with the Jennings boys
he would shoot them down like dogs
before they got the drop on him."
They further endeavored to justify the
action of the defendent who said that
he struck Pickens' arm with the but
ter paddle in order to prevent his
shooting him. The butter paddle
which was made of soft pine was
spoken of as being neither dangerous
nor deadly weapon. The attending
physician testified that Pickens had
received no fatal injuries, the blows
having produced only flesh wounds
and the skull being entirely uninjure6.
A number of witnesses testified to the
boys reputation for peace and quiet
and some stated that they had never
heard anything against him before
this trouble occurred. The reputation
of Pickens, however, suffered consid-
erably in respect to character The
plea for the state was ably made by
Attorney G. T. Sewers, who scored
many points for the prosecution, citing
many instances in which false testi-
mony had been given in the case. In
respect to the good character Of tne
defendant Attorney Sewers repeated
an instance in which Glen Jennings
had some five years ago, taken out mis-
knife. opened it and handed it to a
| boy who was struggling with his
school teacher In reply to the state.
ment made by the attorneys for the
defense who said that butter paddle
was not dangerous or deadly weapon
Attorney Sewers gave the following
apOstrophy to a pine pad
die" Thou are as soft as butter, light
as a feather lick from you would be
pleasant and soothing, a toy, play
thing, no wound could be caused by
you" At $40 Judge Roberts proceeu
ed to instruct the jury and alter
speaking for twenty minutes rendered
them six forms of verdict which might
| be signed according to the degree OF
crime in which they believed him
| guilty beyond a reasonable doubt
These forms named first. assault with
intent to commit murder. second, as
sault to commit manslaughter, third
assault with intent to commit great
bodily injury, fourth, assault and bat
ter, fifth, simple assault and sixth, moi
guilty. The case went to the jury a
IL o'clock last evening and yerdic
.of assault with intent to commit grea
bodily injury was reached this morn
ing at 4 o'clock.
he decision in the D. P. Freeze case
which was tried at the first of the tern
was rendered Friday afternoon. Judg,
Roberts set aside the deed made b.
Walker Brown and wife to D. P.FreeZ,
in consideration of care and supper
of Mr.. and Mrs. Brown, holding tina
Freeze abandoned contract and wa
not entitled to damages against tn
Browns for part performance of con
? tract.