The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1909-05-27
IN THE DISTRICT COURT.
Disposition of Various Matters by
Judge and Jury.

At his own request Chas. Boatman
of Fremont, convicted this week for
breaking and entering meat market
lat Fremont, was given his sentence
Friday instead of Saturday. 1t was
1.-THE Judgment of the court that he be
lcOniined in the state reformatory at
lAnamosa for a period not to exceed
item years and it was further recon-
mended by Judge Preston that at the
Expiration of two and half years that
he be paroled providing that his con-
lduct during that time shall merit it,
and that the terms of his parole shall
include requirements regarding his flu
Iture conduct and especially in regard
Ito his use of Intoxicating liquors.
The motion for change of venue
in the case of the State of Iowa VS..
VIM. Kirkpatrick, was argued in open
court this morning, w. S. Kenworthy
appearing for the defendant and Jas
A. Dewitt resisting the motion for the
state. Three affidavits were filed by
the defense to the effect that there
this county against the defendant
which would prevent his being given
a fair and impartial trial. but in re-
sistance to the motion the state filed
the affidavits of fifty-two representa-
tive citizens of Oskaloosa and the sew
eral townships TO the contrary. The
motion was overruled. The defense
then filed a motion for continuance
and in support of their grounds offer,
led the testimony of DrB.O. Jerrel, who
had made an examination of the de-
PENDANTS condition and decided that
he has tuberculosis. The doctor. how,
lever, testified that Mr.. Kirkpatrick,
condition is now as good as it prob
ABLY ever will be, and that in hi.
Judgment he could stand trial, where.
upon the motion was overruled. the
case will be brought on for trial next
Monday as per the assignment.
The trial OF VIM. Kirkpatrick upon
the charge of assault with attempt tC
commit murder upon his vile was
started in the district court at 1:3C
o'clock this afternoon, with Judge
Preston on the bench The drawing
OF jury will likely occupy the great
er portion OF the time of trial as it is
probable that the evidence can all be
taken in one day. W. S. Kenworthy is
defending Kirkpatrick and County At
tOrney Jas. G.. Patterson and JAS A.
Dewitt are conducting the prosecution
kirkpatrick has protested conversion
lSince being confined in the county jai.
and he has been permitted to receive
callers frequeptlYsswAo have talked
and prayed with him, and it is under
stood that several. have endeayored tx
induce him to plead guilty to the
charge and appeal to the leniency 0.
the court. His health is poorly ant
he IS said to be in the last stages o,
consumption, but may live for seyera
years. If convicted, however. it j,
thought by physicians that he could
not live long in prison confinement.
The members of the county board o.
supervisors were in the city one da,
last week, coming to appear in the case
brought against them by the Mahaska
County Federation for the alleged il.
legal expenditure of money in EN-
ploytng Dr.. Morgan as county small
poX physician. 1t was found neces-
Sary, however, to make ~. Morgan q
party defendant to the action and. a:
he would not accept service of notice
OF trial, a continuance was taken un.
til next term to give time for the
serving OF legal notice of time for trial
Charles Boatsma, of Fremont, who
was indicted by the grand jury for
breaking and entering building at
nighttime and who was found guilty
by the jury last week, was taken to
the State Reformatory at Anamosa
to serve an indeterminate sentence.
He was in the custody of Deputy
Sheriffs Perry Black and Roy Row.
land.
The drawing of the jury for the
trial of VIM. kirkpatrick was not as
diiiicuIt a task as had been anticipat-
ed. About thirty jurors were called
before the panel of twelve was Sc
cured, but they were sworn and ready
to hear the opening statements by
800 o'clock Monday afternoon. The
remaining jurors were then excused
for the term, this being the last jury
case on the assignment. Opening
statements in the case were made by
Attorneys Jas. A. Dewitt for the State
and w. S. Kenworthy for the defend
ant: o. c. G. Philips is also appear
ing for the defendant with Mr.. Ken.
worthy. Mrs. Kirkpatrick, wife of
the defendant, was the first witness
placed on the stand. She was in a
weak physical condition and very
nearly tainted on the witness stand
All the windows In the court room
were thrown open to give her more
air and she was constantly famed
She reviewed the facts in the alleged
shooting ARRAY OF April 2lst, when
at about 10 o'clock at night her hus.
band entered the Thos Cooney home
on North Il street. three doors north
OF Penn College, and after calling to
her 70 get him supper, had her get up
and cnna doWn efofro IN the aini,n,