The Leon reporter. (Leon, Iowa) 1887-1930, 1904-05-26
HAYDEN TRIAL HAS BEGUN
The Trial of John F. Hayden for the Murder of
W. {. BrdCeWeII Is in PrOoreSS.
JURY WAS SECURED TUESDAY EVENING.

with his family at Bedford, as soon as
court was called the case of State VS.
John r. Hayden, charged with the mur
der of w. E. Bracewell, was called.
Most of our readers are familiar with
the details of this case, which resulted
in the death of one of the most promi-
nent citizens of the southeast part of
the county, and the arrest Of his neigh
Dor charged with the murder. The
affair took place at Hayden's farm thir-
teen miles southeast of Leon, shortly
after noon on Friday, January 8, 1904
The story is not a long one, the men
being neighbors, living on adjoining
farms. 1t seems that Bracewell had
bought some hay from Hayden at sale
a few days previous and was hauling it
from Hayden's farm. Bracewell's cattle
had gone through the gap in the fence
where they were hauling the hay
through, and shortly after dinner
Hayden saw the Bracewell cattle on his
land and started to drive them to his
barn. Mr.. Bracewell and his hired man,
Francis Peck, saw them at the same
time, and mounting their horses started
after the cattle. Hayden refused to let
them have the cattle and hot words fol-
lowed between Hayden and Bracewell,
the outcome of which was that Bracewell
got down from his horse and started
toward Hayden, who retreated from
him, and finally got a pistol out of his
pocket and fired twice at Bracewell, the
second shot taking effect, and tthe
wounded man died that same evening at
his home where he was taken immed-
lately after the shooting. AS soon as
Bracewell fell Hayden called to some
men who were not far away telling
them they had better come and take
care of Bracewell, and then proceeded
to his home where he hitched up team
toa buggy and started toward Leon.
Sheriff Wallace had been notified of the
shooting and had started for the scene.
He met Hayden few miles east Of Leon
and placed him under arrest. After
coming to Leon Hayden was placed in
jail, and the following day, owing to
rnmors thata mob was threatening to
lynch him after Bracewen had died, the
prisoner was taken to Charlton for safe
keeping. The grand jury was in session
at the time and promptly indicted
He was brought from Charlton and
through his attorneys entered a plea of
not guilty and was remanded to Jail to
bWdAo oLldA WlUNOuO EOf
he was then kept in the Jail at Creston,
and was then brought back to Leon,
where he has since been in the county
Jail. At the March term of court the
Indictment against Hayden was set
aside because one of the grand Jurors
who indicted him was not legal resi-
dent Of this county, and special grand
jury was drawn, who indicted him the
second time in the same degree. Judge
Towner after the second indictment
placed his bond at $4,000, but Hayden
made no effort to give the bond and re-
manned in Jail.
When it was decided last week that
the Hayden case would be commenced
on Monday, Judge Miller ordered a
special venire of thirty-six jurors
drawn in addition to the regular panel
of twcnty-four jurors and special
venire of ten talismen, making seventy
jurors from which to select a jury, and
it was thought a jury could be easily
secured from this large number, but on
Tuesday afternoon it was found neces-
sary to draw another venire of twenty
talismen, making grand total of ninety
jurors for this case, which is the largest
number of jurors that was ever drawn
for any term of court ever held i'm this
county, and it was not until Sc Jurors
had been examined in the jury box that
twelve men were finally selected to try
the case.
The state is represented by county
attorney A. P. Olsen, assisted by Miles
& Steele, of Corydon, one of the leading
law firms in the state, and Hayden is
being defended by Geo. W. Baker, G. W.
Hoffman, V. R. McGinnis, of Leon and G.
Taylor Wright, of Lineville. From the
time the first juror was called to the
box Monday afternoon it was evident
that both sides were prepared to fight
every inch of the road in the trial of
the case. Each juror called was care
fully examined and questioned as to
whether he had read the accounts of
the murder published in the Leon
papers, had talked with any of the wit
nesses or parties who reside in the
neighborhood where the shooting
occurred, as we'll as their qualifications
as a juror, including their ability to
read, write, see and hear, and especially
as to whether they had expressed or
formed any opinion as to the guilt or
innocence of the accused. The Jurors
were examined on behalf Of the state by
county attorney Olsen, while Mr.. Nc
Ginnis performed the task on behalf of
the defendant. Some idea of the manner
in which the jurors were objected to
can be obtained when it is recalled that
in the celebrated DR.. Crofford murder
case tried couple Of years ago only 3S
jurors were examined, while in the
present case Sc were in the box before
the jury was finally accepted. A large
number of those who are excused stated
they had formed an opinion, and that it
would take evidence to change it, and
itwas also surprising how many jurors
were afflicted with poor oversight or
defective hearing, and in every case
where they admitted such defect Judge
Miller promptly ordered them to stand
aside.