The Leon reporter. (Leon, Iowa) 1887-1930, 1902-09-11
COURT ADJOURNED SATURDAY.
The Clark Case Continued on Mo-
- tion OF the State. .,s I"

tion Of the State. -
When Tie REPORTER went to press
last week 1T was confidently expected
that the tria of w. Ii. Clark, charged
with murder in the first degree would be
com nenced4 on Friday, Judge Parrish
having ordered a special venire OF 80
extra iurytnen summoned, from which
it was thoughta jury ccula be selected,
but when the case was called tor trial
the state. submitted a motion for con.
tinuance and the notion was sustained
by Judge Parrish.
The grand jury finished their labors
Thursday and adjourned for the term
In addition to the Clark indictment re.
turned Wednesday morning the grand
Jury returned three other indictments.
l.. P. DERRICK wasindicted on the charge
of manslaughter for the shooting of j..
P. Wharton accidentally. He entered a
plea of not guilty, and gave bond in the
sum of $500 for his appearance at the
next term of court with K. A. oigler, l.
N. McDonough and A. M. Pryor sure.
ties. e. G. Myers was indicted on the
charge of assault with intent to do great
bodily injury, growing out OF the fight
at Van Vert a few weeks ago in which
DR.. b, Y. Walker was stabbed in the
face with a pitchfork. He plead not
guilty and gave bonds in the sum vi
$1,000 with Sam Heathers as surety. The
third Indictment was against George
Hembrey and Isb Peterson, Of Grand
River, who are charged with robblng q
Assyrian peddler last June a few miles
northwest of Leon. Each of their bonds
was fixed at $1,000 and the bonds will be
filed this week.
Before discharging the grand jury
Judge Parrish addressed them as follows:
In Diminishing the grand jury the
Court desires to express its thanss so..
the efficient and prompt manner in
Mf'ch you have discharged your duty.
You have he'd before YOU large mum
per OF Very important cases-more than
usual-and you have worked faithfully
and industriously. There have been
some cases before you in which the pub
lie has taken some interest and there
has been, perhaps, some outside talk
and newspaper discussion, but the Court
wishes to say that the county attorney
and the grand jury have, so far as the
Court has observed, performed their
OuCy WllDOut iSat VI 'Noli IVA -.
conscientiously and in a manner to be
commended. The Court expected tina.
it would have required the rest OF this
week to have disposed Of all the bust,
ness before you.
Wh-n the Clark case was called fol
trial Friday afternoon Il motion for q
continuance was fed setting out the
fact that A. G. Bunnev, one of the wit.
nesses before the grand jury, had gone
to Canada on visit and the subpoena
could not be served on him. The mo-
ZION contained copy of Mr. Bunney's
testimony before the grand jury, and
the defense made showing in oper
court resisting the motion. Judge Har
vey was sworn and testified to CONVEX
sation with Mr.. Olsen, the county at
torney, from whom he got the impress
sion that he did not want to try The
case at this term, as public opinion
seemed to be strongly in favor Of the
defendant, and if the case went over {
term he thought much of this sentimen
would have died out. Deputy Sheriff
Fred Martin was also placed on the wit
ness stand, to identify number of thu
grand jury subpoenas which he had
served, the defense endeavorlng TO show
that the county attorney had issuec
one or two subpoenas each day for
period extending over week in an eff
fort to drag the case along before thu
grand jury so it could not be tried a
this term. Mr.. G. w. Hoffman. one O
the attorneys for the defense. was alst
sworn and said he had given the count,
attorney notice in open court last Sat
urlay that Mr.. Bunney was contem plat
ng leaving and would leave unless be
was subpoenaed, and asked that tn
state subpoena him in order to hold hin
here so he could be used at the trial. H
also said that the grand jury subpoena
were written hy Mr.. Olsen and the
subpoenaed witnesses for the gran,
jury as late as Monday of the secon'
week.
After the hearing on tt e motion for
continuance Judge Parrish made tn
following ruling:
This is the first term for this case. TIL
Indictment was found on the Sd day c
September. As to whether or not tn
grand jury was as expeditions as
might have been, or as to whether c
not the county attorney was as exped
,ous as he might have been or ought t
have been, is matter the Court doe
not know anything about. The pr,
symptoms are that officials do the
duty.
This Indictment was found on the 8
Of Septemb. 1t seems u at the san
day these s1bpoenas were issued an