The Leon reporter. (Leon, Iowa) 1887-1930, 1904-11-03
DISTRICT COURT NEWS
No Jury Trials This Term, the Jury
Being Excused Tuesday--Several
Indictments Returned.


be tried. Juries were empanelled in
two cases, but in both of them soon
after the trial was commenced matters
arose which made it necessary for a
continuance.
The grand jury is still in session, hav-
ing returned three indictments, ignored
several cases, and will probably return
several more indictments before they
adjourn. Indictments were returned in
the case of Ed Young, the young man
who accidentally shot and killed a thir-
teen year old boy named Harry Allen in
Long Creek township, Young being
charged with murder in the second de-
gree, similar Indictment returned
against DR.. A. M. Mckay, the Osceola
dentist who shot and killed Harry Car
nahan, a railroad express messenger,
while on hunting trip west of Van
Vert, and against Ray Rockhold, for
assault with intent to commit great
bodily injury, the result of a fight be-
tween Rockhold and King Gatlitf down
in Morgan township a few weeks ago.
They ignored the cases against w. T..
Allen, who was charged with shooting
one of Ben Williams dogs, the adultery
cases against VIM. Mitchell, Sarah A.
Anderson and Mrs. Nellie Moffett, and
the case against Geo. Kmball for a
minor crime, there not being evidence
enough to warrant the grand jury in re-
turning an indictment.
In the case against Ed Young, it was
understood that he would plead guilty,
it being expected that he would only be
indicted for manslaughter, but when
the Indictment was returned charging
him with murder in the second degree
his attorney Marion Woodard, demanded
that he be tried and insisted on a trial
at this term. County Attorney A. P.
Olsen filed motion for continuance,
alleging that he had not expected to
have to try the case at this term, and
he was so busy with cases before, the
grand jury that he could not get ready
for trial. The defense resisted the mo-
tion but Judge Towner sustained the
motion and the case goes over. G. W..
Hoffman and Ed III. Sharpe have been
retained to assist in the defense and
say they will fight the case to finish
now.
Several days were occupied last week
in the trial of the case of State lnsur-
ance Go. of Des Moines, against ]. E. &
r. A.. Greenland, in which the plaintiff
seekA to set aside the judgment secured
blythe Greenlands for $4,000 for the loss
of their barn and number of head of
horses at Grand River about two
years ago, alleging they had secured
new evidence which would show that
the barn was set on fire and that the
good, horses had all been removed and
old plugs substituted which were
burned with the intent to dcfraud the
insurance company. The sensational
part of the trial was the evidence Of
Richard Pray who testified that the
barn was set on fire by Walter Case, at
the instigation of Frank Greenland, and
that the horses in the barn had been
changed before it was set on fire. He
said it was the intention first to burn
the barn on Saturday night, but as it
did not rain that night the barn was
not fired until Sunday night, when there
was storm, so that it would look like
the barn had been struck by lightning.
This case has been one of the hardest
fought legal battles in this county for
many years. After Greenlands secured
the 5000 Judgment on their policy, the
insurance company appealed the case to
the supreme court where it is, now
pending, and later commenced>an action
to set the judgment aside. Judge
Towner will decide the case Thursday
morning.
In the case Of j. w. Harvey VS.. w. A.
Kirkpatrick ct AL, in which plaintiff
asked Judgment on a note for $4,000
given by kirkpatrick to the Decatur
City bank, and by them sold to Harvey.
Kirkpatrick sought to evade payment
claiming he never received the money
on the note, but Judge Towner held that
the money had been paid and that Kirk
patrick would have to pay the note.
In the case of Farmers & Traders
State Bank VS.. d. Moran, in which a
$4,000 note signed by Moran and given
to f. A. Greenland was involved, Moran
claiming he never signed but one note
and had paid it off but never received
the note, which was afterward tscld by
Greenland to the bank. The case was
dismissed without prejudice as to
Moran, the bank standing Oh Green
lands endorsement and leaving. the mat
ter between Moran and Greenland to be