Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1910-09-22
A 77sORNEYS, MAKE
OPENING STATEMENTS.
LINE THAT WILL De FOLLOWED
BY STATE AND DEFENSE GIVEN
BY oPPosING COUNSEL At
MORNING SESSION.
*ToDAY's DEVELOPMENTS
IN THE CARROLL TRIAL.

Jury il secured within fIftsen
minutes after opening Of court.
County Attorney Guthrie make.
opening statement to Jury on be-
half Of the state.
Attorney A. a. Parker outlines
the defense, stating that II will be
shown that Governor Carroll was
Justified y, replying to cownie'a
article.
Published letters Of Carroll and
coWnie are made exhibits "a" and
"B."
Testimony given before grand
jury BY w. G. Jarnlgan, managing
editor OF the Des Moines Capital.
In which paper carroll's letter was
published, was read to the Jury by
County Attorney Guthrie.
Governor Carroli's letter which
formed basis 81 Indictment, read n
to jury by County Attorney outh-
rie. g.s Ss;
Des Moines. Sept. III Especial
Everything preliminary to the taking
OF testimony was completed when
Judge Howe announced adjournment
OF the Carroll trial at noon today. "a
jury was secured In less than fifteen
minutes after court opened this morn.
ing. Attorneys for the state and de.
tense made their opening statements
and the letter OF Governor Carroll
upon which was based the Indictment
Of criminal libel, was read to the court.
The line Of the defense upon which
the attorneys Of Governor Carroll hope
to vindicate him Of the charge. was
brought out by Attorney AZ g. Parker
In his opening statement In which he
said:
Gov. Carroll's article quotes insor.
nation received from other members
OF the board and does not charge that
Mr.. Cownie was guilty In fact
Mr.. Parker laid much stress upon
that portion Of the article which re.
fers to conditions at Mitchellville and
declared Governor Carroll does NOT
charge Mr. Cownie with misconduct
with inmates Of the institution, but
that he has in his possesoisn af{ldavits
from four inmates, which, II true, are
serious charges. Prosecutor Guthrie IN
his opening statement, explained that
the prosecution hopes to prove that
Governor Carroll acted malictously In
his publication Of the letter and briefly
outlined the salient features Of the
case. Court then adjourned until 2
p. m.
The twelve jurors chosen today
are, William Cady, Frank Kuble. Dean
Hast, James Hufford, 8. J. Cope, A. J.
Freel, H. G. Senteny, H. r. Smith. c.
F. Olsen, JEFFERSON Stoner, r. Goldman
and Charles Ivory.
That Governor B. f. Carroll not only
attempted to libel John Cownie BY tho
publication of a letter IN the news
papers but that he spread among his
state officials, the information con-
tanned in the afidayits, drawn BY
mothers OF the Mitchellville girls, is
the line Of prosecution relied upon BY
the state to convict the governor. This
plan Of the prosecution was revealed
yesterday with the coming on OF four
witnesses among them two state sen.
ators with whom It Is known that
Governor Carroll talked OF the Cownie
matter before the publication OF the
letter in the newspapers. With the
first batch Of witnesses also. are men
said to have known something of the
disruption in the board OF control aside
from what was communicated to them
by the governor.
It has been understood that the de-
Tense would, in support Of It's con-
tention. make use of the fact that
John Cownie opened the controversary
with Governor Carroll by his first
letter. written May 90. and in which
he set forth and enumerated the vari-
Gus charges which he said the COVER
nor had used to bring about his resig-
nation.
That this is correct understands
ing was indicated by the action OF At
torney Parker for the defense yester-
day, when in the examination Of L. H.
Schuling, one of the prospective. jur-
[ors, he handed him newspaper OF
Continued q Page ., Col. s.)