The Leon reporter., 1902-12-25
'lyEN 7'RIALFOR HUNTER
Matt Hunter the Mt. Ayr Gambler
who Murdered Homer Holland
is Granted d New Trial.

The Supreme Court of Iowa made
Matt Hunter, the slayer of Homer Hoi-
land Christmas present in the shape
of granting him q new trial. Hunter
shot and instantly killed Homer Hol-
land on the streets of Mt. Ayr at noon
on November 9th, 1901. The men were
both gamblers and had had a quarrel
over money matters, Holland who KS
one of the best athletes in the United
States having taken $50 from Hunter q
couple OF hours before the shooting.
Hunter started out about noon to hunt
Holland and told Hollands father a few
minutes before the shooting that he was
going to have his money back or there
would be trouble The men met on the
I street near Hollands home, and what
passed between them is not known as
no one saw them until after the shoot
ing. When the revolver shot was heard
persons looked out from neighboring
houses and saw Holland lying on the
ground dead, the bullet from Hunters
revolver having pierced his heart and
killed ilnl instantly. Hunter was cap
/ tured in the nov of livery barn Il
short time after the shooting. lie was
indicted for murder in the first degree
and the trial at MT. Ayr at the January
term of court WAS one OF the noted
deal of attention in the papers of this
aAnd adioining states, as Holland had q
= e~shaiiona Z. raaulatien as an atiaie te.
Both Hunter and Holland had frequent.
" visited in Leon and many people
here were acquainted with them.
The case was tried before Judge Il. l..
Parrish and after being out but a few
hours the jury returned a verdict of
murder in the second degree and Hun
i ter was sentenced to the penitentiary at
Ft. Madison for life. He was at once
J taken to the penitentiary and since
being there has earned the reputation
Of being the most sullen and refractory
prisoner that was ever in the prison..
For long time he absolutely refused
Z to work and is said he was kept in
h the solitary cell and feed on bread and
water for more than 40 days, the longest
time that any prisoner ever stood the
n solitary confinement punishment.
Later he concluded to go to work, but
II has given the officials great deal of
trouble.
The new trial is granted because of
errors male BY the judge who tried the
case, and in reversing the case and
granting Hunter q new trial the su-
prene court decides aninferesting point
+ which had never been before them, in
regard to the, challenging Of jurors.
When the jury was being selected, after
the state had given eight peremptory
challenges and the defendant seven,
Judge Henry. one Of Hunters counsel,
announced that he waived one chal-
lenge r. II. Spence, for the state,
said: $50 do we." Judge Parrish then
ordered the clerk TO swear the jury and
" v
manded the right to exercise another
iperemptory challenge, the court refused
30 permit it. The supreme court holds
this wss reversible error and lays
down these rules:
First That the waiver Of peremp.
tory challenge does not amount to an
4 acceptance of a juror already in the
box.
Second-That after waive of all
challenges, but before the jury is sworn,
party who has exhausted the number
ss to which he is entitled may exercise a
further one peremptoriiy.
Itis also held the lower court erred
in not admitting evidence as to the
quarrelsome disposition of Holland, rs
tending to show laanter acted In self
defense
When the dead body of Holland was
picked up bis revolver was found lying
under him, but their v4s some evidence
lending to show that the revolver slip
ped from his hip POCKET. AT the trial
Hunter claimed Hollabd tried TO draw
his gun hut he was to quick for him and
got the first shot.
The reversing Of the lower court sends
the case back to Mt. Ayr for a second
trial and Hunter will be brought back
from the, peniten.iary and kept in the
Mt. Ayr jail until his trial. There is q
strong probability that Hunters at
torneys will ask for change of venue
and ii it is granted the case will prob
ably be sent to Decatur or, Taylor coun
+ tiessfor trial.