The Leon reporter. (Leon, Iowa) 1887-1930, 1903-01-15
HUNTER TO COME BACK.
Sheriff Miller to Bring Him Thurs
day from Fl. Madison. rs

/ I
Matt Hunter is to be brought back
from the Ft. Madison penitentiary and
to be kept under guard in the Ringgold
county Jail until the issues of second
trial for the murder of Homer Holland
An order to that effect was received yes
terday by Clerk Stranahan. The order
was made by Judge Parrish upon ap.
plication of the defense.
Sheriff Miller leaves this evening for
Ft. Madison, and expects to return
with Hunter in custody on Thursday
mornings train.
j. w. Scott was named yesterday by
the board of supervisors to act as guard
at the Jail during Hunters stay. Mr..
Scott will remain at the Jail both day
and night.
The Jail has been given thorough
cleaning this week by w. M. Calfee.
This work was begun before there was
any knowledge here of the order for
Hunters return, as the Jail has no oc.
cupants.
How long Hunter will stay in Jail
this time is question. It is generally
expected that his attorneys, Henry,
& Miles and Lewis Miles, will ask for
a change of venue when Judge Parrish
convenes court Feb. 9. Should the
change of venue be granted, it still re-
mains to be decided when and where
| the trial is to take place.
Hunter has been in the penitentiary
| not quite IL months, haying been sent
there Feb. 81. AZ first he was refrac-
tory and had to be severely disciplined
by imprisonment in the dungeon, but
for many months past he is said by
Warden Jones to have behaved nicely.
His conduct in Jail here while serving
sentence for gambling about two years
ago was not exemplary.
The state has already subpoenaed four
witnesses-Mrs. Walter Rusk (nee Josie
Liggett) of St. Joseph, who is visiting
here, and Frank Bowling, George War.
ner and Alfred Lewis-All for the Feb.
ruary term:
THE ORDER
The full text of Judge Parrish's order
for Hunters return is as follows:
''In the district court of the State Of
Iowa. in and for Rlggold county, State
Of Iowa, plaintiff, VS.. A. NJ. Hunter, de-
PENDANT. Criminal No. 40. Order.
A procedendo in the above entitled
cause having been issued and directed
to the above district court by the sn-
preme court of the state of Iowa, re-
versing the judgment and sentence ion.
posed on the above named defendant,
directing that he be confined at hard
labor in the penitentiary at Ft. Madison
Iowa, during his natural life; and di.
recting that the above named district
court proceed further in the premises,
and the said cause being now in the cal
endar of said court for further proceed
ing and said procedendo being now on
file in the above entitled cause, 1t is
therefore ordered that the sheriff of said
Ringgold county receive and take into
custody the said A. nj. Hunter and con-
fine hlm in the Jail Of said county until
liberated by law, and the warden of the
allowed named penitentiary is ordered
to surrender and deliver the said A. NJ
Hunter into the custody of the sheriff
of Ringgold county, and this order shall
hp his a,1t n oritv fhprnfOr
r. l.. PARRISH,
Judge Third Judicial District.
Matt Hunter was convicted last Feb
ruary of murder in the second degree,
and was sentenced by Judge Parrish to
Imprisonment for life. He shot and
killed Homer Holland Nov. 9, 1901.
The state supreme court on Dec. 20,
reversed the lower courts decision.
Hunter having been convicted of second
degree murder only, cannot on his Sec
ond trial be tried for higher degree of
the crime than that of which he was
convicted in the first trial, although he
will be tried under the old Indictment,
which charges him with first degree
murder.-Mt. Ayr News.
49,