Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-09-09
YOUNG JURY
BEING SELECTED
PANEL OF TWELVE MEN TO SIT
ON CASE is TAKING CONSID-
ERABLE TIME.
REMOVES SHACKLE.
Court Orders Removal Of Oregon Boot
From Right Leg Of Defendant
Trial viii last Several
Days.


Days.
With the empanelling of jury to 81
on the case, the trial OF Charles YOUNG
the self-confessed murderer of Tol
McGrath began about 9:45 o'clock thi
8 morning and for the remainder of tn
: morning and for some time after tn
/. dinner hour the challenges of tn
3 counsel were made against the me
y who were to sit on the case and decid
the fate of Young. Three jurors wer
set aside during the challenging TO
;. cause and the state began it's preemI
: tory challenges, Of which both side
have ten at 11:24 o'clock. One preemI
tory challenge by both state and de
Tense was made before the noon ad
journment \
The prisoner, Charles Young look
much the same as upon leaving for tn
reformatory a few months ago, excep
that he appears better and APPARENT!
we'll fed He was brought into thu
court room at the opening hour Of
o'clock, and sat with his brother
Lancey, Young, alongside his counse
during the selection of the jury, lean
ing over to occasionally whisper to hi<
counsel regarding some of the Jurors
Throughout the entire morning ses
sion he retained his characteristic
stoicism and no trace OF care or worry
as to what might take place, seemed
to appear in his demeanor. A large
number of persons sat through the
morning in the courtroom eager to
hear and see whatever might take
place during the trial.
Before the jury was brought into
court, the defendants counsel ad-
dressed the court and dictated to the
reporter an objection to the shackle
! or impeachment with which the defen T.
| and was equipped by the sheriff, say
ing, THE defendant protests against
being brought into court in the pres
ence of the jurymen who may be call
ed upon to sit on this case while he Is
shackled with this iron shackle or boot
that is attached to one of his feet"
The shackle referred to by the de-
Tense counsel is what is known as the
Oregon Boot" and is metal impedi-
ment to the wearer which weighs
eleven pounds and fits over the lower
leg and is fastened by screws to the
heel of the shoe. The noise OF the
tread made by the wearer attracts at
tention and 1t likewise, by it's clums- !
ness and weight, serves as an impedi-
ment to prisoner in the event he
should try to escape. The defense
counsel protested to the court that Its
appearance before the jurymen would
or might influence them, and the
court ordered the boot removed. The
prisoner was taken by Deputy Sheriff
John ]. Morrissey to the sheriff's
Office and the boot was removed after
which he was returned to the court
room and the county attorney dictated
to the reporter an objection to the
courts order that removed the impedi-
ment on the grounds that the shackle
or boot was not visible, being covered
by the wearer's trousers and not pos
sible to influence the jury through its
being invisible. He also said that the |
defendant was brought into the court
room three-quarters of an hour be-
fore the jury was called into the
room.
In his opening statement OF the case |
to the jury the county attorney stated |
that Charles Young was charged with
the murder of Tom Notwithstanding |
the name in. order that it might appear
properly in the record. He said the
murder was committed on or about the |
first day of May along the race near
the Union depot, and that the body
was thrown in the race where 1t was
found.
It was about 9:45 before the jury
.ook the box and the challenges be-
gan and about 1870 the first chal-
enges for cause were completed. Dur
ng these the defense was able to
nave but three set aside and his chal-
enges were overruled on three other
Jurors. The outlook for securing
ury today was rather doubtful at the
beginning Of the challenges, but 1t is
probable that the afternoon will see
he actual beginning Of the case. A
arge number of witnesses are expect
ID to be heard and the trial will con-
ume several days. Among the wit
lesses are Sheriff Grimes Of Sigour-
ley, who had an interview with the
License in the reformatory and knows I
he prisoner we'll. |,
Fight the Confession. I
The defense Of Young will include E
n effort to destroy the value Of the
Confession of the defendant made
hortly after his arrest when in the
ity Jail surrounded by officers of the I
ounty and city and few citizens he
lictated his story of the muir. q
Ter of Tom McGraw while c
Attorney Lloyd Duke wrote the con-
ession on paper. The counsel for the E
efense expects to prove that the con- i
ession was obtained by duress and g
hat the defendant was not at the t
ime mentally capable Of fully realiz- t
lg what he was doing. It Is not ex- +
ected to claim insanity so much as s
he means adopted by the officers in 8
occurring the confession Of Young, and
ne improbability of his story will also d
rought out in the defense to free the a
efendant from the charge Of murder S
I the first degree. v
Many Witnesses. b
1t Is also evident that the county It.
orney will prosecute with the view to
ecure capital punishment for Young.
n his CHALLENGES NJ tho i,1rv this | n