The Leon reporter. (Leon, Iowa) 1887-1930, 1902-11-20
CLARK MURDER TRIAL
Continued from page ~

ness, arguing the case all the time with
the view that the defendant was in.
nocent, and indeed it was hard to over
come his argument. Time and time
again he brought his audience to tears,
as the pathetic life story of the defend.
ant was recited, then suddenly his tone
would change and he would ask the
jurors what they or any other man
would do under such circumstances US
the evidence showed without question
surrounded the defendant He said
tine and time again juries in our courts
all over the land had acquitted men
who had killed the destroyer of their
home, and quoted the case of Congress
man Daniel Sickles who killed his wife,s
paramour when he met him on the
street in Washington, right under the
dome of the capitol, and when tried
was promptly acquitted and afterwards
honored by being appointed minister to
foreign country from the United
States. Mr.. Miles talked to the jury
four hours and twenty-five minutes and
evidently could have talked as much
longer. The argument was great treat
to all who were fortunate enough to
hear it and will long be remembered.
M. L. Temple of Osceola made the
closing argument for the defense, com
mencingat IL O'Clock Friday morning,
and finished at $40 that afternoon,
talking just two and half hours. He
made calm and forcible talk to the
jury, going over all the testimony very
carefully. He said he was not there to
prosecute any one and expressed his
sympathy for the family of the defend.
ant as we'll as Mrs. Duff and her son.
He argued that the law had been violat.
ed, and the man who violated it had no
right to take the law into his own
hands. In regard to the claim made by
counsel for the defendant that they
were brother Masons and Odd Fellows
and that DR.. Duff had violated his obi
CATION IN these orders he said there was
nothing in either order that said man
should be killed, but that the orders
had laws of their own to punish those
who violated their obligations. He
attacked the theory of the defense tina,
the defendant was insane, and said the
testimony did not show Kim to be.
That to be insane man must have a
diseased brain, and that he could not
be insane just at convenient times. He
said the insanity of the defendant
should be classed as convenient insanity
rather than emotional or temporary
insanity as his counsel pleased to call it
lie asked the jury to consider the
evidence and not say by their .verdic,
that man was justified to take the law
into his own hands, 60 out and kill his
enemy and then come in and plead
insanity and be turned loose to 90 GU,
and kill some one else. He asked tina,
the laws of this country should be up.
held and the man on trial be punished
1t was logical argument but this view
OF the case was not evidently taken by
the jury or the public at large. He said
he believed the man was guilty and
that the jury if they did their full duty
and considered the evidence as intro.
ducei would,arrive at the same conclu.
sion. Mr.. Temple is fluent and ready
speaker and from an attorneys stand.
point his argument was indeed mas.
terful effort.
AT the close of Mr.. Temples argulnen,
the jury were given five minute recess
and at 3:lS Judge Towner commenced
reading the instructions of the court to
the jury, finishing at 3:47, his ins,ruc.
tions being as follows
In the district court of Iowa. in and
for Decatur county, Noy. term, 1902,
:, w. 's \ !; ;s :, IOWA CHARGE Or COURT
GENTLEMEN OF THE JURY:
The state asks 1.-THE conviction of the
defendant, w. H. Clark, upon the
charge OF murder IN the first degree,
the indictment IN substance alleging:
That the said defendant, w. Ii. Clark,
on or about the 9th day of June, 1902
In Decatur county, Iowa, did wilfully,
unlawfully, feloniously, deliberately,
prsmeditately, and by lying in wait and
OF his malice afore,hought, make an
assault upon the body and person Of
one w. D. Duff, with deadly weapon,
to-Wit: A shot gun, then and there held
In the hands of the said w. II. CLARK
and loaded and charged with powde,
and shot, and then and there the said
w. s. CLARK, did by lying in wait, with
specific intent to kill and murder the
said w. D. Duff, wilfully, unlawfully
feloniously, deliberately, plemeditated.
iy, end of his malice aforethought. shoe,
OH and discharge the contents of said
deadly weapon at ay.io.t into o,d