Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-11-15
Tedious Process OF Securing a
Jury Takes Up the Morn
ING Session
OBJECTION TO JURY ovERRuLED
PeIrs Attorney Files Objection to the
Petit Jury Panel and All Its Mem
bers-First Twelve Jurymen Are Ex-
misunderstanding Jury Will Take
All Day.

Bert loell, for years ''levee" char
acter. was put on trial in the district
court this morning for the murder Oh
John H. Lepley, of Clifford, on the ev-
ening Of July 20, near the union sta-
ton. The indictment, returned by the
grand jury of the August term OF
court. charges Pell with murder in the
first degree. This is the first murder
case to be tried in the district court
for several years.
Begin Work on Jury.
1t was not until 1925 o'clock that
the first juryman was called to the
jury tox, and he was followed by
eleven more, who made up the hrst
dozen to be examined. The eNamtna-
ton Of the twelve took up the entire
forenoon session of the court, and no
challenges had been exercised by eith-
er side when adjournment had been
taken.
The twelve who were examined this
morning We're ]. r. Roberts, of Eden;
c. NJ Gilgan, of State Center; f. q.
Marshall, Bangor; f. d. Webb. Linn;
Ell Wilson, Washington; w. Reimenl
schneider. State Center; George w.
Bettisworth, Linn; J. E. Ralston, VI
emma, C. II. Condit, Greencastle, and
w. r. Forney, Charles Click and u. w.
Cooley, of this city.
Examination is Rigid.
The examination of the witnesses
by both sides was rigid and minute in
detail. This plan was followed with
especial attention to detail by T. +.
Bradford, who is defending Pell. In
Guiding those jurymen of the special
venire of thirty, who We're ordered to
report this morning, and those of the
regular venire of the term, there are
fifty five to select from. Each side has
ten pre- emptory challenges and any
number of challenges for cause. 1t was
the general opinion at the time of adj
journment this noon that it would re-
qui-e at least all of the rest Of the
day to secure twelve men satisfactory
to both sides
Objects to Trial Jurors.
Before an attempt was made to Sc
cure the twelve jurors who will listen
to the case, Pells attorneys read into
| the, records a motion objecting to the
en,ire petit jury panel and to each of its
| members. The state filed resistance
and Judge Bradshaw overruled the mo-
ticn, noting an exception for the de-
| PENDANT.
| The objection to the petit jury panel
is the same in a general way as was
| filed earlier in the case and in other
criminal cases which came up last
| term. The objection is based on the
allegation that the petit jury pane
was not drawn by the board of sup
| ervisors according to law, and thai
over one third of the names in the
| jury panel do not appear on the pol
books Of 1906; also that some of the
names drawn do not appear on the pol
books as they were certified to by the
election judges, and also that a grea
many names drawn do not appear as
| those having voted at the general cleo
! ton of 1906. The motion also denies
| that the court had any authority t.
| make the order instructing the super.
visors to select the panel.
Not Many Attracted by Case. !
The first session of the case was MOI
attended by many, except the half hun
lred jurymen and the witnesses. Pei
sat alone behind his attorney and mo-
one of the relatives of the murdered
man were within the space allotted fol
| the attorneys and court attendants
Mrs. Lepley, the widow, her daughter
and George Lepley, brother, all liV.
| ing near Clifford, We're in the cour
ROOM
Pell, as far as external indications
went, took little interest in the morn
| ing proceedings. He kept his eyes
, fixed most of the time on the carpet
| in front of him, altho, from time te
time, he lifted them to watch his at
! torney, or scan the faces Of the jury.
men.