The Leon reporter. (Leon, Iowa) 1887-1930, 1904-03-24
The DISTRICT COURT
Change of Venue Granted DR.. CrOffOrd
Grand Jury which Indicted Hayden
and WOoddrd was Illegal.


convened in this city Monday evening
upon the arrival of Judge III. M. Towner
from his home at Corning, the only bust
ness transacted being the formal open
ing OF court, when an adjournment was
taken until Tuesday morning. The Off
GERS of the court are clerk S. w. Keh
Ter, deputy clerk John Burns, sheriff
Thomas Wallace, deputy sheriff John
Osborne, court reporter w. nj. Hyland,
S. G. Penniwell court bailifi, Ira Wallace
grand jury bailitf and Addie Brazelton
grand jury clerk.
Tuesday morning when court opened
the first business was the submitting of
the motion for a change of venue in the
case against Dr. j. w. Croiiord, who is
under Indictment for the murder of
Maude Stone. He was convicted two
years ago and sentenced by Judge
Towner to thirteen years in the peni-
tentiary, but when the case was appeal
ed to the supreme court they granted
the defendant new trial and the case
was sent back for trial again. The de-
fendant's attorneys asked for change
of venue on the grounds that the case
had been tried here once, and the de-
fendant could not secure fair trial in
this county. Judge Towner took the
matter under advisement until WeCnes-
day morning, when he sustained the
motion and granted a change of venue.
The place has not yet been fixed, de-
pending in measure whether change
of venue is granted in the Hayden case,
as it is rule not to send two cases to
the same county. The place will be an
nounced after the Hayden case is de-
cided.
A 10 Il H..
for murder in the cases of John Il. Hay
den, indicted for the murder of w. e.
Bracewell, and Charles Woodard, under
the reason that Geo. Il. Watsabaugh,
one of the grand jurors, who returned
the Indictment at the January term of
court, was not resident of Decatur
county, aftdavits being submitted from
Mr.. Watsabaugh who is sick at his home
in this city, that about Nov. 10th, 1908,
he moved to st. Joe with the intention
of living there if he secured employ
ment, but that after remaining there
about week he decided that he did not
like it and returned to this city. Judge
fTowner sustained the motion and the
cases were ordered re-sllbmitted to the
grand jury.
The grand jury, which had not been
empaneled pending the decision in these
cases, was then drawn for the term. G.
p. Arnold had been excused on account
Of his being a member of the board of
supervisors, and b. b. Mcdaniel and T.
M. Riddle on account OF sickness. Mr..
Watsabaugh being disqualified from
acting, this left only eight members to
be drawn, the members drawn being as
follows: John Elliott foreman, Frank
Cox, Robert Currie, o. W Halstead.
i. 4. Greenland, w. r. McJim-
sey and A. j. Moulton. AS all
except Cox and Currie were members of
the grand jury which indicted Hayden
and Woodland, they were challenged for
cause, which was sustained and Judge
Towner ordered special venire of ten
grand jurors drawn, the following being
summoned, and they will act only in the
Hayden and Woodland cases.
John Hammer, Decatur; Henry Bright,
Leon; NJ. G. Belts, Hamilton; Morris
Brown, Long Creek: Geo. p. Campbell,
Davis City; A. Ell. Meter, Garden Grove;
L. L. Beck, Richland; c. G. Waters,
Franklin; J. M. Ashburn, Bloomington;
Fred Wooley, High Point.
This puts large bill of extra costs on
the county, as the cases must be fully
investigated again by the grand jury
and all the witnesses subpoenaed again,
and is caused by the fact that county
attorney Olsen failed at the January
term to make the usual examination of
the grand jury as to their qualifications
to act.
Should the special grand jury return
indictments again it is said that the at
torneys for Hayden will file motion for
a chgnUn n Of hn
feeling against the defendant in this
county, SO that there is no chance that
either of the cases against Hayden and
Woodland will be tried at this term.
On the criminal docket the cases
against Oscar McCarl in jail awaiting
trial for malicious mischief for breaking.
window in bank at Grand River, w
z. Hamilton with assault with intent to
commit great bodily injury, Amos Bell
on the same charge, Otto Wood for
burglary, and John Culp on appeal from
justice court where he was convicted of
selling liquor are all set for trial COM
mencing next Monday.
On the civil docket there are an un-
usual large number of jury cases set for
trial, the trial jury having been notified
not to appear until the second week,
and there promises to be plenty OF cases
to keep the court busy for the entire
three weeks term.
The following probate cases have
been disposed Of:
PROBATE.
Guardianship of Herbert E. Warner,
insane, final report approved, guardian
discharged.
Guardianship of J. I. Jay ct al, final
report approved, guardian discharged.
Guardianship of Wesley j. Brooks,
final report approved, guardian dis
charged.
Estate Of Isaac Peugh, final report ap-
proved.
Guardianship Of Irma N. Wemple,
order Of sale.
Guardianship of Lena spitznogle,
order of sale.
Guardianship Of Grant q. Kyner, final
report approved, guardian discharged.
Estate of G. P. Finley, will probated,
Jessie H. Finley appointed executrix.
Estate of Amanda Nuns. will Drohat-