The Leon reporter. (Leon, Iowa) 1887-1930, 1905-01-26

ulct. Iney renamed OUT all forenoon
AMI as they swere closely guarded in
their room over the Farmers and Trad
ers Bank by two bailiffs, there was no
leak as to how they stood. About one
O'Clock Friday fafternoonsthe word was
passed around that the jury had agreed
on verdict and soon an immense throng
present when the verdict was read. 1t
was a quarter after one o'clock when
the jury marched solemnly into the
court room, and Efrom their looks the
audience at once OWNED that their
verdict was one of guilt for the men
looked pale and worn, indicating they
had passed q sleepless night and that
their conscience was sorely troubling
them. To the question by Judge Evans
asking ifsthey had agreed on a verdict,
the foreman, e. G. Hollister, answered
that they had, and he was directed to
hand it to Clerk Tharp to be read.
There was dramatic silence in the
court room as Clerk Tharp opened the
verdict, and slowly read the verdict
which meant so much to the defendant,
which was as follows:
"We, the jury, find the defendant
guilty. of murder in the first degree
and fix his punishment at Imprisonment
for life in the state penitentiary."
The defendant was seated by the side
of his attorneys and betrayed no emo-
tion, never faltering from the stand he
has taken from the first that he was not
!, guilty.
The jury was then polIed and each
juror was asked if the verdict read was
his verdict and each one answered in.
turn that it was. The attorneys for the.
defendant Immediately gave notice that
they would file motion fora new trial
and asked until IL O'clock Saturday.
morning to secure affidavits and make
their motion, which time was granted
by Judge Evans. They also asked that
the defendant be permitted to remain
at liberty under his $4,000 bond, but
the court held that under the law as
soon as the jury returned verdict Ct
guilty he could not remain at liberty
under bond and ordered Sheriff Wal
lace to take charge of the defendant.
Saturday morning at II o'clock the
motion for new trial was submitted
the motion alleging the usual statutory
grounds that the verdict was contrary
to the evidence, and that the court had
erred in his instruction to the jury in
giving certain Instructions which had
been objected to by the defendant and
in refusing to give instructions asked
for by him, as we'll as allowing certain
testimony to be introduced by the
state over defendants objections and in
refusing to allow other testimony to be
Introduced which would have tended to
prove the innocence of the accused.
They also charged that one of the
jurors, G. E. Mills, was not qualified to
sit as juror in the case, alleging that
although he had stated when examined
that he was in possession of all his fac
ulties, that he was in fact hard of hear
ing and could not hear all of the evil
i dence submitted. The juror had been
brought into court and examined in re-
gard to this matter, and still claimed
that he was not hard of hearing while
the defense introduced testimony and
afidavits of several parties that they
had known him for number of years
and that he was hard of hearing. His
father and mother made affidavit that
he was not hard of hearing and that
they had never considered that he was.
Another reason for asking for a new
trial was that certain of the jurors had
been separated from the balance of the
jurors during the trial which was con
trary to the instructions Of the court.
but it was shown that they had always
been in charge of one Of the jury bail
IFS and while they had gone to stores
and barber shops it was always in the
custody Of a bailiff and that they had
not been allowed to hold any conversa-
tion with any person except in the hear
ing of the bailiT. After the motion for a
new trial had been submitted and fully
argued by counsel for the defense Judge
Evans at o'clock overruIed the motion
not having adjourned court during the
noon hour as he desired to return to his
home at Corydon on the afternoon train
and after: asking the defendant if he
bad ail;.tshSiig thing 70 say as to why the
court should not render Judgment or
J the verdict, to which Mr.. Woodland re-
, piled: Il, ,am Innocent. never admin
istered any strychnine or any other
Ain,i q poison. A~ls ..DsoiuLely inlio