The Leon reporter. (Leon, Iowa) 1887-1930, 1904-03-31
THE DISTRICT COURT
Hayden Again Indicted for Murder
Change of Venue Refused and
Continuance is Granted.

District Court has been grinding
away the past week and although there
have been no jury trials a large number
Of cases have been disposed of, a
number which were set for trial before
jury having been settled and dismiss
ed. The regular grand jury adjourned
Saturday morning and did not return
any indictments at all, ignoring the
case against Perry Waller and Wilbur
Critchfield who were held to the grand
jury on the charge Of shooting Walter
Case few weeks ago at Grand River,
and the young men were discharged.
The special grand jury which was
drawn for the purpose OF re-submitting
the cases against John F. Hayden and
Charles Woodland who were each indict-
ed by the January grand jury on the
charge of murder, the indictments being
set aside by Judge Towner last week
for the reason that George Watsabaugh
who sat as member of the grand jury
had lost his residence by moving for
a short time to st. Joe, returned a
second Indictment against Hayden for
murder Saturday, and are still at work
investigating the case against Charles
Woodland accused of poisoning his wife.
In the cases it was held by the court
that it was not necessary to bring wit
nesses before the grand jury again,
there being a special statute which
provides that where an Indictment is
re-submitted to a grand jury the evil
dence taken at the time the first indict-
ment was returned can be used instead
of again bringing the witnesses before
the grand jury. Last week we stated
that the indictments were set aside
because County Attorney Olsen had
neglected to question the grand jurors
as to their qualifications, but Mr.. Olsen
informs us that this has never been
done in this county in any case pre-
vious to this time but from the exper-
fence in these two cases will probably
be done in all cases in the future.
On Monday the counsel for Hayden
submitted motion for change Of
venue alleging that by reason of the
publication OF articles in the news
papers OF Decatur county and the Line
vile papers, the preaching of the ser
mons by ministers in this county, and
the general prejudice existing in this
county against the defendant, that he
could not secure fair and impartial
trial in this county. The state resisted
the motion and submitted large num-
ber of afidavits from prominent citizens
all oyer the county who said they be-
lieved the defendant could secure a fair
trial in this county. The court took
the motion under advisement until yes
terday morning when he overruled tho
motion and the case will have to be
tried in this county. Hayden's attor-
neys have filed motion for continuance
and the case will probably come up for
trial at the May term of court which
meets on May 10Th. Judge Towner has
not yet determined as to where he will
send the DR.. Crotford case for trial.
The case against Oscar McCarl, of
Grand River, who has been in the Leon
jail for several weeks waiting for trial
on the charge of malicious mischief in
breaking plate glass window in a
bank at Grand River, was dismissed
Tuesday by the county attorney as the
witnesses for the state had left this
state and could not be secured, SO the
defendant was discharged. The same
disposition was made of the case OF
John Culp who was charged with lille
gally selling liquor, the prosecuting
witness Charles Adair being in Kansas
City and he would not come back to tes-
tify.
On account Of there being large
number of jury cases assigned for trial
after the regular panel Of trial jurors
was empaneled Monday, and three mem
bers, John Mcdowell, Charles Exile and
Harry Tuttle, had been excused, Judge
Towner ordered special venire OF
twelve talismen drawn for the term, the
following residents Of Leon being sum
moned for jury duty: w. H. Frazier, g
8. Eals, H. G. I4utz, A. R. Warford, Lewis
Bright, R. S. Peters, Geo. O. Johnson, ]
A. Harris, H. Farquhar, Frank Stanley
G.. M. Hamilton and N. Craigo.
The case OF I. G. Norman VS.. schoo
Township Of Burrell, case involving
the changing of the location of schoo
house, was tried to the court last week
large number of witnesses being uset
but the court has not yet rendered ar
opinion. Also the case of r. j. Barrett
VS.. M. Griffin, a road case from Edel
township, and the case Of Bertha r
Parker VS.. Pauline Craig ct al, case
( - no,x;c ~x,l,:aL IL.