The Leon reporter. (Leon, Iowa) 1887-1930, 1911-04-13
DREW TWENTY YEARS
Clarence Tea1e Sentenced to Iwen.
tyYears in the Penitentiary for
z the Murder of Mrs. zornes.

lS the SenLeuCo lMpoSeu upoA SA"A
ence Teale, who was convicted or
murder in the second degree for the
killing of Mrs. Bertha Zornes IN
Long Creek township on the night of
Dec. 7, 1910. Sentence was passed
by Judge Maxwell last Friday morn
ing, after the court had ruled on the
defendants motion for new trial.
refusing to grant it. The motion was
presented and argued at some length
by G. w. Holman, and in passing on
the motion Judge Maxwell said he
was satisfied that there were no
grounds for granting a new trial.
In passing sentence Judge Max
well said, "Mr. Teale, you have been
properly indicted, tried and convict
ed of the crime of murder in the Sec
ond degree. Have you or your coun-
sel anything to say why the judgment
and sentence of the court should not
now be pronounced against you?"
The defedant arose and said: Il
am absolutely innocent. never
harmed this woman in any manner,
shape .or form. My conscience is
clear"
Judge Maxwell then said:
. This case has disclosed a very
peculiar state of circumstances, and
If I could wish it away from myself,
I would gladly escape the RESPONSE
bility imposed upon me as presiding
Judge to pass sentence upon you. But
it Is my duty, as the lay now stands,
to determine the penalty in this case.
Our present law providing for indie
terminate sentence has expressly ex-
lcepted the crime of murder. There
fore, instead of giving an indeter-
inmate sentence in this case, not to
exceed the maximum penalty impos-
led by law, it is my duty to fix the
penalty itself.
"The state in this case presented
an array of evidence that would seem,
If human evidence can be relied upon
at all, to fully justify the verdict In
fact, the jury have mercifully failed
to accept the states evidence at it's
full face value, so to speak, because,
had it been accepted without dis
count, the verdict must have been
murder in the first degree. The jury
have rendered their verdict of guilty
of murder in the second degree, and
1t seems to me, that in as much as
the jury have mercifully Ieceded
from murder in the first degree, that
they were Justified and did well in
10 doing. WhAteWEr may have been
tttkesiEt<nt OF these men in assembling
at that house, do not think that any
one supposes that before they went
there, OF after the difficulty started,
that any one had the specific intent
or purpose to kill anybody as a pre-
smeditated idea. Whatever intention
arose doubtless arose shortly prior
to the striking of the fatal blow,
whoever may have struck It. The
jury have determined that this de-
fendant was the person guilty of. the
murder of Mrs Zornes, and with that
conclusion the court has nothing to
do. The evidence would certainly
warrant the conclusion reached by
the jury. In regard to the question
that is brought into the case as be-
tween these two defendants, it is not
for the court to say what the truth is.
Five or six several witnesses testified
absolutely to the identity of this de-
fendant as being the person who
struck the blow. One of the de-
PENDANTS has testified that he struck
the blow. Under the circumstances,
it was a question that the jury must
determine, and they have determined
Z it, and I feel that the jury were fully
warranted in returning the verdict
that they have now returned.
1T now becomes the duty of the
court to determine the penalty. Un-
der our law, where there is a convic-
tion of the crime of murder in the
second degree, the minimum penalty
lis ten years, and the maximum pen
atty is imprisonment for life in the
state penitentiary at Fort Madison. I
do not feel that this is case where
i would be justified in giving the de-
sfendant the minimum punishment,
nor do feel that would be justified
in giving the maximum punishment.
I must endeavor to fix upon a penalty
that would be in keeping with the
verdict of the jury, and in justice to
both the state and the defendant.
1T is therefore the order and
judgment of this court that the de-
1antant be committed to the state
penttentiary at Fort Madison, at hard
labor, for the term of twenty years,
and pay the costs in this action, and
that his appeal bond be fixed at the
sum of ten thousand dollars"
Judge Maxwell ordered sheriff An
drew to hold Clarence Teale until
Tusday evening to give him a chance
to file a bond. The bond had not
been filed up to the time The Report
er went to press on Wednesday, but it
10 claimed that the bond has been
signed by parties living in Ringgold
county, and will be filed today. If
the bond is not filed today sheriff
Andrew will take the defendant to
TT. Madison tonight.
Judge Maxwell before adjourning
court fixed the bond of Tom Young
1t. $4,000, but he has as yet been un-
able to give bond and is still in JAIL
Court adjourned for the term on
Friday afternoon, and the following
additional cases were disposed of
since our last report:
Town of Pleasanton vs.. Saline
Mutual Telephone co. Settled and
dismissed. .-.
James T. Kennedy W.. A. s. Ram
ssey ct al Judgment for amount of
promissory note.
Troy Laundry Co. W. w. B. Owens
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