The Leon reporter. (Leon, Iowa) 1887-1930, 1904-05-26

was finally accepted and sworn, and on
the order OF the court were not allowed
to separate or talk among themselves in
regard to the case, two special bailiffs,
Ira Wallace and w. S. Chandler being
sworn to guard them day and night so
as to prevent anyone from approaching
any of them. In case where the de.
fendant is accused of murder each side
is entitled to ten peremptory challenges
for cause, and the defendant exercised
every challenge, while the state waived
the fifth, sixth, seventh and eighth
challenge.
The jury as finally selected and
sworn was as follows:
p. G. Murry, Long Creek.
]. G. Hammil, Garden Grove.
W. Fl. Clay, Grand River.
G. O. Vanderpool, Richland.
D. r. Keller, Fayette.
George Evans, Fayette.
w. Wadsworth, Richland.
L. H. Horner, Fayette.
J. Fl. Ryan, Center.
James Harris, Leon.
H. Allard, Leon.
j. L. Meter, Leon.
The first four were selected from the
regular panel, and the balance from the
special venires. All but four of the
jurors are farmers.
Since the commencement of the trial
the court room has been crowded, many
ladies being in the audience. The de-
fendant is accompanied during all ses-
sions by his wife who sits beside him.
He shows the effects of his long confine-
ment in Jail, being we'll bleached out.
Apparently he is taking but little inter-
est in the trial, sitting for hours at a
time without changing his position. He
sits constantly with dropping head, his
eyes covered with his left hand and
since the opening day has never chang
ed this position, which to an ordinary
man would be most trying and painful.
The wife of the murdered man is also in
attendance accompanied by her two
grown daughters and little twin boys,
four years old. Mr.. Bracewell's father,
John Bracewell, of Wayne county, and
A. A. Snow, administrator of the Brace
we'll estate, are also in attendance.
When court opened Wednesday morn
ing the attorneys for the defense asked
that all witnesses on both sides be ex-
cluded from the court room during the
progress of the trial, and Judge Miller
sustained the request, exceptions being
made as to Mrs. Bracewell, A. A. Snow,
administrator of the Bracewell estate,
and Mrs. Hayden, wife of the defendant.
At 9:20 o'clock county attorney Olsen
made the opening statement to the Jury
reading the Indictment and giving in
substance what the state expected to
prove in the case, his statement occupy
ing twenty minutes. The opening state
ment for the defense was made by G. w.
Hoffman, who outlined what the line of
defense would be, claiming that Brace
we'll first made an assault on Hayden
and ran him 60 to rs feet away. That
Hayden was on his own premises doing
a lawful act and was doing what any
man had right to do. Also that HAY
den had not been of sound mind for
years; that he received severe injury
on the head something over a year
ago from which time he had since
acted strangely. That Hayden's mother
died insane, one brother died insane at
the age Of fourteen years, that another
brother has been confined for years in
an insane asylum; that his father was
insane and his mothers sister was also
insane. The theory of the defense be-
ing that Hayden shot in self defense
and at the time of the shooting was in
sane and should be acquitted on this
ground. Mr.. Hoffman talked less than
ten minutes.
The first witness called by the state
was
A. A. SNOW,
brOther-in-law Of Bracewell and/ the
administrator of his estate. He testi-
fed he had lived at Bracewell for ten
years, engaged as merchant and miller,
who identified a plat showing the land
where the shooting occurred, and resi-
dences of the various parties. About 1
o'clock on Jan. 8, 1904, when he heard two
shots. H. d. Petty and the witness went
to scene Of the shooting and saw Mr..
Bracewell lying on the ground, face
downward. When spoken to he raised
his head and spoke. Others soon came
and Bracewell was removed to his home.
Doctors were sent for and in an hour
and a half Drs. Glendenning and Lovett,
of Lineville, came. He died about 6
o'clock that evening. On Jan. 5th Hay
den and Bracewell met at my store and
adjusted a difficulty over the eight ricks
of hay which Bracewell bought at Hay
den's sale, over which there was dis
agreement. The cross examination was
devoted to questions regarding dis
tances on the plat.
H.O. PETTY.
AZ years old, residing in Morgan town
ship testified: Am acquainted with
John Hayden, live a mile and half
northeast of him. Was at Haydeu's
farm the day of the shooting. He was
near the gap in the fence and said
Bracewell's cattle were on his land and
he said he was going to put them out.
! asked him in regard to my taking my
hay out and he said I could take it
through the gap. He told me of having
some trouble about Bracewell's hogs
getting in on him. Saw two men COM
ing from the east as l left and after get
ting down to the road heard two shots
fred close together. Went up the road