The Leon reporter. (Leon, Iowa) 1887-1930, 1903-05-07

NOT GUILTY OF MURDER
Mrs Ella Mcdonnell and A. M. Livix were acquitted
of the Charge Of Numbering Barney McDaniels
ACKNOWLEDGEMENTS

Mrs. Ella Mcdaniel and A. M. LlVlx
were acquitted of the murder of the
formers husband, Barney Mcdaniel, by
Jury which tried the case last week at
Avoca, the jury returning verdict OF
HNot Guilty. Friday night at 10 o'clock,
after being out six hours. The verdict
came as great surprise to the prosecu-
ton and the citizens of Avoca where
the case was tried, as well as at Mace
donia, the scene of the alleged murder,
as the conviction of Mrs. Mcdaniel Of
murder in the first degree was confident.
ly looked for, with strong chance that
her paramour, Bert Livix. would also be
convicted Public feeling ran high at
their former home, dispatch saying
that after their acquittA they were
warned by their former neighbors not
to return to Macedonia. and they left
for the west, refusing to say where they
were going.
Ayoca, Ia, April 29.-(Special.) Mrs.
Augusta Burwash was the first witness
called in the Livix Mcdaniel case. She
stated that some time during the month
of January of the present year the two
defendants called at her home near Oak
land and talked Of renting the place on
said they acted and talked as would be
expected of husband and wife.
The next witness called was DR.. w. M.
Besore, of Macedonia, who assisted at
the post mortem examination oyer the
body of Barney Mcdaniel.
The doctor stated that he found two
large cuts in the throat of the dead man,
either of which was sufficient to have
caused death, the one below the larynix
being the sliehter Of the two, and max.
ing an orifce into the irschea or wind
pipe only about an inch long, while the
one above entered the larynix, etiectu-
ally destroyed the evocal cords and aim ost
severed the trachea. He stated that
the higher wound would have prevented
any use of the vocal cords at all, while
the lower and lesser OF the two would
only have prevented speech in case the
head were }held in snch q manner as to
keep the orifice opened. The flow of
blood from the higher wound would
have been so great that it would have
been impossible for the dead man to
run to where he fell in the yard, while
the flow from the lower one would have
enabled him to run easily to the place
where he did fall.
A. w. Smith was recalled and renewed
his declaration that when he ran from
the house McBrlde followed repeatedly,
t.They did it," it being the intent of the
state to show that the upper and by far
the most serious wound, was made
while Mr.. McD Daniel lay on the ground
in the yard.
John Burger, of Mills county, testified
to having been on the way to Mace.
donia and came past the Mcdaniel place
while Smith, Livix and Mrs. Mcdaniel
were standing there He said he no
ticed Mr. Mcdaniel b:ckon to him. lie
also noticed the snow and body covered
with blood. He took Livix into his
buggy and took him to town to call a
ply sician. While riding to town he no.
ticed blood spccks on Livix's face, that
Livix told him not to run the horses as
Mcdaniel was past all need for help as
he could not recover.
Jacob Miller, the constable who made
the arrest of the defendants, detailed
how he found blood over the walls Of
the home on the curtains and on the
doors and castings. He told how, when
arrested Mrs. Mcdaniel said, "Bert
(Liyix) is an innocent man."
G. HI. Summit, another officer, testi-
fed to practically the same as Mr..
Miller.
DR.. V. L. Treynor, of Council Bluffs,
county coroner of fPottawattamie county,
was next called and gave practically the
same evidence as was given by DR.. Be.
sore.
DR.. w. L. Bourghim of Macedonia ties.
fed to being called to attend the injured
man, described his wounds about as DrE.
Besore and Treynor had done and also
to some length showed the effects OF
strychnine on the human being, saying
that it produced convulsions and great
3 exhaustion between the convulsions.
Under cross examination he was made
to modify his statements in this partic-
ular. He stated that while being ear.
ried into the house and after being laid
on the couch, the wounded man had q
number OF convulslons, and that he gave
4 other evidences of strychnins poisoning.
Mary j. Price, sister of the defen-
dant, Livix, testified that Mrs. Mcdaniel
last January approached her and asked
her to procure some chloroform with
which to kill Mr.. Mcdaniel. Whom
Mrs. Price refused to procure the drug,