Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-09-12
CAPT. N. M|ER
GETS CRUELL|NC
neexhnANr,s COUNSEL TRIES
RI DEFEAT CONFESSION ON
ACCOUNT OF METHODS.
JURY EXCLUDED.
Jurors Not In Room When Evidence
was Taken-Testlmony Began
Friday and Six W.T.
nesses Were Heard. .

neooeS WeEo Vos'u'
Tho efforts of the counsel TO-
Charles Young Saturday onere'
very interesting matter for the crowo'
mat attended the hearing OF the cas-
when with Night Captain Matt ME-
m the stand, he endeavored TO snow
IN the methods OF the much talked o.
third degree used by police IN securlnt
confessions from prisoners. Ine a.
torney secured nothing out OF the WI.
ness for his every query tna' e l.
deavored to prejudice the cour!
against the signed statement o.
rSarIas yonnn was met with a
dani.i NV the willy night captain, VINO
was quizzed for the most part ou. ~,
the hearing OF the jury. me peg n;ns
OF the evidence OF the o11lcer os,ne
directed to the statement OF conAe -
sion OF Young, caused the deIehse ~
object and after a number OF autnoi
tile. were cited, the court sustalhe ~
the objection and ordered the jury W
retire during the testimony. Capt: Mler
testified to arresting Young At NO
brothers home In South Ottum"a VIZ
night OF May 9 about 10 o'clock, ana
taking him to the police station IN d
street car as vag. He said he was
nlaced in the cell, occupied by Jonn
1unkin and left there for three days.
a. until May IL, when the confession
was obtained from the prisoner. re
stated that the story of the crimes OF
Young were told him In a stralgnt anu
connected manner and not after
series OF questions we're piled the
nr;soner. He stoutly maintained that
he did not nor did others in the room
st the time, promise anything 10
Young or threaten him, and denled
the giving of whiskey to Young at any
ZINE or striking him with hand or
anything during the probe.
Duke Wrote Confession.
He maintained that Young made the
sacrament to him in the presence OF
chief Beeman, Sheriff Knox and
Centerville druggist named hayes
whom Young supposed to be PinKer.
Tan detective The statement was SAID
Nv the witness to have been made
tv,ee and after the first time Attor'
ney Lloyd Duke was sent for and was
asked nv Young to write the COMES
s;nn down on paper for him; that Mr.
mike ala this after stating TO the
nrIsoner that It was understood ne
vas not acting as an attorney IN the
case. and that after the second state
ment of the crimes OF Young, the prls-
omar .upon Duke reading the COMES
sion. signed 1t.
Allen on Stand.
At this 3uncture the court ordered
the Jury in, It being about 1880 and
they were ordered to separate untll
50 o'clock Monday morning. Another
witness listened to with interest ny
the crowds was John (Simmy) Allen
who told the story Of the last Day win
Tom McGrath alive and recounted nav
ing visited several saloons ana met
Young in the Erbacher saloon short
dista nee from Wapello street. on West
Main street. He said 1t was IN this
place that he lost his consciousness
OF all time and his mind became a
blank until he got out OF the waters
of the race about midnight May l. ne
told of the three. McGrath, Young and
himself having had can OF beer on
the banks OF the race for which NC
Grath. gave Young dime. Cross ex'
animation brought out conflicting
stories In the evidence before the cor
oner and grand jury as to length OF
hours and q few other details.
Death From Bleeding.
Coroner A. w. Slaught was the first
witness and he related the condition
of the body when he examined 1t, and
went into some technical detail as to
tho character OF the wounds found and
their likelihood Of producing death.
# was his belief that McGrath was
killed rather than drowned In that his
loss of blood would indicate such
death rather than by drowning.
Father on Stand.
Thomas McGrath, the father OF the
murdered man was the third witness
and fixed the day Of his sons leaving
home In Chillicothe to come to Of
tumva. This was the last day he was
seen by the parent who was positive
the day was May 1. He recognized his
son by his face beard and by letter
to his sister which was found on the
dead man when searched. He said he
talked to Allen after the SON had LETT
home, but that Allen could not tell
him where his boy was. =.
The Jury selected after 80 much
time consists of the following men:
c. Avery, P. H. Vanderpool. w. NC
Mains, J. C. Kirfman. G. w. Ellis, H.
c. Alicott, Lyman Dalbey, Charles
Heller, C. w. Jones, Paul Amelang,
Gus Pierson and Geo: Hartley.
Get Jury at 4 O'Clock.
After drawing twenty-five addition
al talesnen to supply jurors for the
hearing Of the Young case In the
afternoon, the jury was finally en-
panelled about 1 o'clock and the case
proper opened. The rule on witnesses
was agreed to and no one who acts as
l witness in the trial may sit in the
courtroom during the hearing. County
Attorney Dan Steck made his opening
statement to the jury. completing his
remarks at (: 10 p. m. He was followed
by few remarks by 10 r Jaques for
the defense. The prosecution stated the
story Of the crime and reviewed the
coming Of Tom McGrath and John
(Simmy) Allen to Ottumwa about May
j. 1911 from Chillicothe. The rounds
made about the saloons was recounted
a,,d the intoxicated condition Of both,