Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-04-05
STATE TO ASK EXTREME PUNISH
MENr IN M'cAsklLL MURDER
-eea:,:T CASE At WATERLOO.
ATTORNEYS PUT POINTED
QUESTIONS TO vENiREMEN
Two Jurors Opposed to Capital Pun
ishmsnt-Rsmarkabis coincidsnt in
Drawing vsnirs, Names Of Murdered
Man, SHis Brother and His Son Being
Drawn-crowd Thronss Court Room.

Waterloo, April 5-The death penal
ty, should the evidence be sufficient,
will be asked by the state in the case
against ]. H. McCaskill. charged with
numbering Henry Phillips.
The fact became evident yesterday
during the questioning by County At
torney Hoxie of those drawn as jurors
regarding their qualifications to sit as
such
The following questions were put to
the twelve, men drawn for jury duty:
Have you any preconceived opinions
or notions against capital punishment
which the state prescribes if the evil
dence is sufficient to warrant it?
Assuming that the evidence war
ranted conviction of murder in the
first degree under the instructions as
given you by the court, have you any
notions or opinions which would pre-
vent you from rendering a verdict in
flicting the death penalty?
IF you are accepted as juror in the
case and in your opinion the evidence
warrants conviction of murder in the
first degree would the severity of the
pSAAcilIy LII liAu1 oCA III llAS li1oI NS5ASS
move you to return a verdict for
lesser degree?"
Victims Brother Drawn.
One feature of the opening session
was the drawing from the panel of H.
Phillips, brother of the slain farmer,
as one of those to hear the case. AS
matter of fact the man drawn as one
of the 100 special veniremen was
thes lain man himself, who was resi-
dent of Poyner township. His son, who
received the notice and reported, is
resident of Fox township and when this
fact was pointed out by the attorneys,
Mr.. Phillips was excused. The draw
ing of his name among the hundred
odd names, however, was another re-
markable fact in connection with the
case.
At noon twelve jurors had been
passed for cause by the state and these
were examined for cause by the de-
tense yesterday afternoon. AS each side
will then have number of per-emp-
tory challenges it is likely jury will
not be secured before late today.
Crowd Thronss Court House.
When Judge Franklin C. P1att
opened court at 9:45 Thursday morning
to hear the case of the state against
| J. T. McCaskill, indicted for murder in
the first degree for the killing of Henry
Phillips, the wealthy Poyner town
ship farmer, Nov. IL last, the court
broom was packed with an expectant
audience, many of whom, however
| were members of the special venire OF
trial jurors, 100 Of whom had been
summoned.
Inside the railing in addition to the
court officials the attorneys and news
paper reporters, were the aged mother
| of the defendant, Mrs. H. c. McCaskill,
| Of Plantersville, Tex; his uncle,
Thomas j. Tucker, of the same place,
and several brothers, as were also Mrs.
| Henry Phillips, widow Of the slain
farmer, the daughter Susie, and son,
Henry, Jr., who were eye witnesses of
the shooting, as we'll as other members
of the family
MecaskilI in Good Health.
| Five minutes after court was called
to order, the defendant, j. T. McCas-
kill, accompanied by Sheriff Shores,
entered the room and took a seat
across the table from the reporters.
Dressed in a hobby suit of gray and
wearing a soft black felt hat, McCas-
kill seemed in the best of health and
his long confinement in jail The con-
trast in his appearance with what it
was when, covered with blood. he ap-
peared in the sheriff's office soon at
ter the murder, was striking.