Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1909-04-24
JUDGE C. w. VERMlLloN sus.
TAINs MOTION FOR CHANGE OF
VENUE FILED BY JUDGE j. c..
MITCHELL.
PUBLIC PREJUDICE
ACTUATED DECISION
COUNTY ATTORNEY SENECA COR
NELL WILL PROSECUTE THE
NEGRO MURDERER = TRIAL
LATE NEXT MONTH.

John Junkin, the self-confessed
negro murderer of Clara Rosen VIII
not have to visit the scene of his
heinous crime. The motion filed by
Judge J G. Mitchell, his attorney, tor
a change Of venue, was this morning
sustained In lengthy opinion render
ed by Judge G. w. Vermillon, VINO
found that the court must recognize
the showing made and the lack OF a
counter showing that would JUSTIFY
the trial not being removed to some
pther county in the second judicial
district. The court ruled that the
case should be heard In the court
fartherest removed from the location
OF the excitement and public pref
udice." upon which grounds the mo-
tion was sustained, and therefore the
trial will go to Centerville in Ap-
panoose county.
Judge Roberts to Try Case.
Judge M. A. Roberts, Of this city who
Is the presiding judge during the April
term, will hear the trial, and owing 10
the fact that the court demands that
certified copies of all papers filed IN
the case from the return OF the lndlct-
ment to date. be transferred TO the
county of hearing the trial Will not pc
heard for some time. County AT
torney Seneca Cornell, stated this
morning that he would prosecute the
case, as he felt it a duty he owes to
the county of Wapello to do so.
MI. Cornell will communicate with
Judge Roberts Immediately after the
papers are filed with the clerk of the
Appanoose county court, and VIII
make an endeavor to hurry the trial
as much as possible. Judge Mitchell,
appearing for the defendant stated
that he would not resist a hurried
trial, but that he did not think all con-
cerned would be prepared before the
later part of next month.
Will Ask For Hanging.
Despite his aversion to the inflicting
OF capital punishment County Attorney
Seneca Cornell, recognizing in the
evidence presented to the grand jury,
that the murder Of Miss Rosen was a
most revolving crime, will ask the
court of Appanoose county and the
iury in the case to return verdict
Of death by hanging. The decision OF
the county attorney in trying. the case,
which Is not required of him by the
laws of Iowa, but instead devolves up
pn the prosecutor Of the county in
which it is tried, was made certain
through his own conviction that he is
better qualified to represent the state
than another attorney who has not
followed the case in the same dill
rent and careful manner as himself.
Mitchell VIII Fight.
With equal determination to prevent
the hanging of his client, Judge J. c.
Mitchell will bring into the case on
behalf of his client, the full extent OF
his knowledge In trying murder cases
His natural abhorrence to capital pun
lshment will be brought into full
play and he stated this morning that
he would defend his client with ali
The power of his legal ability.
Opinion Of the Court.
Judge G. w. Vermilion In granting
The change Of venue issued the follow
Ing opinion:
The defendant, John Junkin, who Is
under indictment for murder in the
first degree has presented an applica
ton for change of the place of tria
of the charge against him to some
other county of the district.
The application is based upon the
claim that he can not receive a fail
and impartial trial in this county ow
Ing to the excitement and prejudice
alleged to exist against him. 1t Is :,
due form and is based upon ground!
which the law recognizes shall, wher
found to exist, entitle one accused o
crime to a change Of venue. 1t Il
supported by the affidavits Of the de
fendant's and his attorney to which
are attached certain newspaper clip
pings and the testimony of a numbe
of citizens Of Ottumwa and the sheriff
of Monroe county, procured in th
way prescribed by the statute for Sc
curing the testimony of one who re
fuses or is unwilling to make an aft
davit. Most of these men in answer t,
direct question state their belief tha
the defendant can not be given fai
and impartial trial in Wapello county
They all testify to many facts which