Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-12-14
Trial of the seguin Damage Case
at Grundy Center Is Begun
In Earnest
CHURCH QUESTIONS EXCLUDED
Judge Plat Warns Counsel On Both
Sides That He Will Not Allow the
Action to Develop Into Trial Of
tho Catholic church-Evidence
Being Taken.
snec,,, 70 rImes-Republicar,

Special to Times Republican,
Gr,mdy Center, Dec. IA night
session of the district court was heia
last night and selection Of jury IN the
$50. 600 damage case brought by ex-
priest seguin was completed. The jury
ia composed Of the following named
persons:
Henry Linder, a retired farmer OF
Reinbeck
w. Feldman. a farmer Of Beaver
township.
q. w. Berry, a telephone operator
from Beaman.
G. Brewer farmer from Melrose
township.
Juren Deken, a farmer of Lincoln
township.
northwestern part Of the county.
j. B. Hunt. laborer from Conrad.
Chris Soil, retired farmer from
Reinbeck.
A. ID. Thompson. a farmer from near
Grundy Center.
John Willard, farmer from east Of
Grundy Center.
John Itjen, a young farmer from
west of Grundy Center.
The examination of the Jurors indi-
Gated that counsel for both plaintiff and
defendants considered the question of
the religious convictions Of the Jurors
of considerable Importance, but Judge
Plat took a hand in the case and in
dictated that he did not propose to have
the trial develop into religious per-
secution or prosecution and emphati-
cally declared this action was not a
trial Of the Catholic church and that
IL such matter was attempted to be in
iected into the case he would stop 1t at
once.
This would indicate that the judge
will endeavor to exclude any prejudice
that might be attempted to be made on
account of church affiliations.
An evening session was held and the
Jury selected as above indicated.
The regular panel was exhausted
and special venire of fifteen men
were drawn. Something unu1ual in
the drawing of a jury occurred in this
case. A brother of one of the defen-
dants was drawn in the special venire
and brother Of two of the defendants
was drawn on the regular panel.
During the progress of the examine
ton of the jury as to their qualifica-
tons as jurors, the question arose as
to whether Gus Fitzpatrick, Catholic,
was competent juror. The court held
that merely because he was Catholic
did not disqualify him, and 1t was at
this point that the court took occasion
to caution the attorneys against maxi
Inf church trial out of the action.
Taking of evidence was begun when
court convened this morning and re-
lated mostly to the facts leading up to
the alleged assault at Dixie.
The opening statements of the case
were made this morning at o'clock.
The petition of the plaintiff was read.
as was also the answer of the defend
ant. The plaintiff, In his statement,
detailed the occurrences as he alleges
they happened. He claimed that he
hired the hall at Dixie, on Oct. 10, 1908,
lecture and gave lecture
on Sunday afternoon, and again Sun
day night He also advertised a meet
ing for men only on Monday night.
He had a man at the door to collect
the money for admissions, and about
thirty or forty people were in the hall
when he arrived. With him came
thirty or forty more, who, the plaintiff
says, did not pay the price of their ad-
In continuing the statement the
plaintiff alleges that he was engaged
in singing 1.-THE Little Red School
when he was compelled to
asked those who were kissing him If
they had paid to get in, and they said
they had not. He then requested the
marshal to collect the fees. He further
alleges that the patrons said they
would not pay, and he declared the
lecture at an end. Then, the plain
tiff claims, he was Jumped upon and
severely pounded He made his way
out of the room with his grip. and after
he reached the street was again as
saulted. He went to the restaurant,
and later to the Myers house. He all
leges that the mob stole $210 from
him, and that he was compelled to re-
ceive the insults of the mob, and sub
nit to abusive and obscene language
until the train arrived.
In the opening statement Of the de-
.ense a general denial of the allegations
Of the plaintiff was outlined, with
statement to the effect that the defense
would disprove the statements regard
ng the attack by the mob. The defense
gave notice that it would show Seguin
% be CRATER and a fraud, and that
ne was neither robbed nor mistreated.
Testimony is Begun.
Testimony was begun at the close of
he opening statements, and the plain
tiff was put on the stand in his own,
behalf. When court adjourned at noon
cross examination was in progress. The
principal point made by the defense
was over the testimony Of the plaintiff
himself. to the effect that he was in
perfect health, both mentally and
physically, at the time and prior to the,
Dixie episode. The defense brought out
hat the plaintiff, two weeks prior to
he alleged Dixie assault had claimed
n court at Albert Lea that he had been
injured in a similar assault at another
place, and that he had had his law
injured and two teeth knocked out.
FARMER HANGS HIMSELF.
John Hass, of Sunbury, Commits