The Leon reporter. (Leon, Iowa) 1887-1930, 1903-04-30
years ago from the southeastern part of
the state where he has numerous rela-
tives living.

tDe STATE where ne mas numerous rela.
tives living.
Avoca. Iowa, April 2s.-(Special. J.
The trial of the case of the state of Iowa
against Mrs. Ella Mcdaniel and A. NJ.
Livx, which has been mentioned in
these dispatches, was called in the dis.
trict court at O'Clock this morning.
The court room was crowded with spec
tators longtsbefore the hour for the con.
vening of court. Ats o'clock the Sc.
lection of jury was commenced and
consumed all the time till adjournment
for the noon recess. At 1870 court was
again convened and after the state had
exercised four and the defense seven
peremptory challenges the jury was
completed and sworn.
After recess of fifteen minutes Coun-
ty Attorney kllpack, of Council Bluffs,
made the opening statement for the
state and was followed by l.. I. Geuung,
of Glenwood. for the defense. These
statements consumed something more
than an hour.
At 4:45 the first witness for the state,
A. w. Smith, was called.
In his direct testimony Mr.. Smith stated
that he now lived two ana one-half miles
west of Carson, that on February a. 1903, he
pies on TO his home, which at that time was
southeast of Henderson; that in making the
trip he passed along the road which runs past
the Mcdaniel home, one half mile southwest
of Macedonia that as he was nearly in front
of the house he saw Barney MCDANIEL rum n 6
down from the house, which sat back from
the road 26O feet and on considerable of an
eminence; that as he ran Mr.. Mcdaniel beck
ont to HIM and at the same time called out
repeatedly, They did itn' that when about
wo rod from the wire fence along The road
Nc n Va frror nd. al 10 sto na1
his team tied IL to tree and was about u. go
through the fence TO the mans assistance
when Mrs. Mcdaniel and A. NJ. Liyix came
running down from the house 10 where Nc
Daniel lay: hat they stated he had tax en-
strychnlne and askeG him (Snith) to take
Livix Q Macedonia to call physician; that
at that time one John Burger, Mills county
farmer, on his way to Macedonia. came along
and took Livlx In his buggy and hurried to-
ward the town, half "a mile distant: that being
alone with Mrs Mcdaniel she had stated that
her husband had taken strychnine aud then
cut his throat and That during the past win
ter he had frequently threatened to poison
her and LlviX and that he had once struck
her son by former marriage and broken his
nose; that being assured by the wona an tina,
he could DO the injured man no good had
gone on down the road south towards Hen
derson; that after having gone s)rne distance
he looked back and saw Mrs. Mcdaniel run
| ming toward the house.
running down the yard he saw chastity
wound in the lett side of his neck. He said
| that when Mrs. Mcdaniel and Livix came 10
n ear where the fallen man Jay they did not APP
proach nearer him than five or six feet, and
! that while he was yet talking to Mrs. McDan
Tel he saw the wounded man pick up snow r-
peatedly and eatit. He stated that the wife
showed no signs of emotion or grief.
! The cross examination was conducted by
Mr.. Genung. AT the O'Clock adjournine
time he was pouring questions into The wit.
ness, but so far has been unable to shake his
testimony in any material particular
| The attorneys for The state are County AT.
torney killpack. Of Council Bluffs. Geo. W
Cullison. of Harlan, and F. A. Turner. Of
Avoca, while the defense is represented by
Genung q Son, Of Gienwood, and Roscoe Tar
ton, Of Ayeca.