The Leon reporter. (Leon, Iowa) 1887-1930, 1905-03-30
GUILTY OF AN ASSAULT

Ut. WCNdy, WIN RllIUu l1dTTy GdFNd.
han, gets off with Assault
Other Court Matters.
The case of state vs.. DR.. A. M. Mckay
occupied the attention of the court the
last three days of last week, resulting
in his conviction of simple assault by
the jury. The case was commenced
Thursday morning, the jury selected to
try theecase being Louis Elwell, Mahlon
Moore, Raymond Fisher, E. Merryman,
j. M. Still, F. L. Conrey, w. +. Howell,
d. r. Avery, T. T. Stephens, ]. W. Konk-
lin, O. G.. Boor and II. G. Culver. The
facts in the case are we'll known to our
readers, being given in detail at the
time that the tragedy occurred. DR.. A.
NJ. Mckay, a dentist from Osceola,
Harry Carnahan, an express messenger
from Des Moines to Van Vert, DR.. r. G.
Campbell, a physician, of Van Vert, and
VIM. McNeff, a fireman on the K. & W.
left Van Vert one evening last July to
go out on Long Creek on fishing trip.
The men had with them case of beer,
and all Of them had target rifles. 1t
seems that Mckay had been drinking
before he arrived at Van Vert and after
reaching that town secured % rifle.
While in town he fourished it around
pretty carelessly, pointing it at differ
ent people and was cautioned to be
careful or he would shoot some one. On
the way out he attempted to shoot be-
tween two of the men and the team, but
the others prevented him. Arriving at
the Woods farm the men got out and un-
loaded their lunch and case of beer.
They drank some of the beer and then
had lunch. Carnahan was sitting on
the ground eating a piece Of chicken
and had called to DR.. Campbell to come
and shoot a frog. Campbell shot the
frog and was standing few feet from
Carnahan aiming at a bird when DR.. Nc
Kay came up and placed his rifle be-
tween Campbells legs, as he said to
scare him, and it was discharged, the
bullet striking Carnahan few feet
away, entering the bowels and he died
that night. At the preliminary examin-
alton Mckay was held to the grand jury
and indicted on the charge of man
slaughter. A strong effort was made to
have the case continued at this term,
affidavits being presented from physi-
clans OF Osceola saying that Mckay
was suffering from rheumatism which
affected his heart and that it would be
dangerous for him to be moved to Leon
and attend trial, but these were con-
tradicted by other Osceola people who
said he was on the streets every day and
practicing his profession at his office, SO
the motion was overruled. The case
was prosecuted by county attorney W.
B. Kelley, assisted by A. P. Olsen and
for Mckay appeared G. W. Hoffman, v.
r.. McGinnis and Ed H. Sharpe. None
of the witnesses Of the shooting seemed
to be able to give very clear account
of the accident, and an effort was made
to show that others were shooting at
the same time and it was a bullet from
another rife than McKay's which killed
Carnahan. The case was given to the
jury by Judge Towner on Saturday at
II o'clock, the courts instructions be-
ing practically the same as those given
IN the case of L. P. Detrick, in which
case the jury disagreed, except that an.
additional instruction was given which
permitted the jury to return a verdict
of assault if they found that the defend
ant had pointed a loaded gun at the
man killed, but were not satisfied that
the gun had been discharged, the in
struction being as follows:
The charge of manslaughter in the
case at bar includes the crime of as
sault. If the jury should acquit the de-
fendant of the crime Of manslaughter
they should next examine and deter
mine the guilt or innocence of the de-
fendant upon the charge of assault. If
they find the evidence warrants con-
viction Of assault they should so find
and return. If they find the evidence
does not warrant conviction of either
manslaughter or assault the jury should
return a verdict of not guilty.
An assault is an apparent unlawful
attempt, by violence, to do bodily hurt
to another. If the jury find that the
defendant did notkil the said Carnahan
put if they find that the defendant in
tentionally pointed a gun at the said
Carnahan he would be guilty of an as
though you should find that another
of the said Carnahan. ca
At 1880 o'clock that evening the jury
returned verdict of assault with a
has not yet been passed by Judge
maximum sentence which can be impos-
GU 10 1 oCuVCl1CC VI Jdll VI
a fine not to exceed one hundred dol
lars.
The appeal case of Town of Davis City
VS.. Evan Kizzire, who was convicted of
being intoxicated at Davis City and
fined, was also tried to jury who re-
turned verdict finding him guilty as
charged, so he will have the additional
costs to pay as we'll as the original fine.
The case of State VS.. G. ]. Norman, in
dicted for stealing coop of chickens
from Jacob Butts in Birrell township
last fall was commenced Monday, the
jury hearing the case being: Henry
Bright, S. G. Penniwell, Raymond Fisher,
E. Z; Conrey, Q. 4 n; Jordan, H. G. Culver,
WE. Burchett, Morris Gardner and
Miles Spargur. The case is being pros
ecuted by county attorney Kelley,
assisted by A, P, Olsen, and Norman is