The Leon reporter. (Leon, Iowa) 1887-1930, 1912-04-04
IN THE DISTRICT COURT
yeunQ Murder Cases Disposed OF.
I'd Gets q Year at Anamosa and
Case Against Roy Dismissed.

Case Against Roy Dismissed.
District court will probably ad-
iourn for the term today. The jury
in the case of State of Iowa VS.. Glass
Finch. indicted for seduction, and
which was on trial at the time The
Reporter went to press last week,
were given the case Thursday even
ing and on Friday morning they re-
turned a verdict of not guilty and
the defendant was discharged and
his bond exonerated.
Two cases which will save the tax
payers of Decatur county several
thousand dollars, were disposed OF
on Friday, when Ed Young, who was
indicted with Clarence and Hugh
Teale, and Tom and Roy Young, for
the murder of Mrs. Bertha Zornes,
near DeKalb, year ago last Decem-
ber, withdrew his plea of not guilty
and entered a plea of guilty of as
sault with intent to commit great
bodily injury, and by agreement the
case against his brother, Roy Young,
county attorney. Judge Maxwell
sentenced Ed Young to term not
40 exceed one year in the reforma-
tory at Anamosa, and he was taken
to that place by sheriff Andrew Fri
day night.
The plea of guilty filed by Ed
Young and the motion of the c.2nty
attorney to, dismiss the case against
Roy Young, were as follows:
4 Comes now the defendant, Ed
: Young, and under the express agree
nent and understanding that Roy
Young, his brother, is never to be
prosecuted on the said charge
against him for the murder of Ber-
tha Zornes, and the case against the
said Roy Young is dismissed, and for
the purpose of saving costs and
avoiding the necessity of law suit,
and still averring that the transac-
tion was exactly the same as shown
by his testimony on the trial of the
State VS.. Clarence Teale, Tom Young
and Hugh Teale, as testified by him.
now withdraWs his plea of not
guilty and enters his written plea of
guilty of an assault with intent to
commit great bodily injury.
r.. Ed Young, defendant.
In accordance with the agreement
in the plea of Ed Young, county at
torney Sharp then filed motion to
dismiss the case against Roy Young,
said motion being as follows:
Comes now Ed. H. Sharp, county
attorney, and moves the court to dis
atas the above cause, and Tor
4xrDhnds hSfeof 6tatess That after
So full and fair examination and in
testigation of the evidence he feels
that he has mot sufficient testimony
Al to Justify him in putting the county
TO the expense of trial, and believes
J that under the testimony he would
not be warranted in submitting the
same to a jury. He therefore rec
tommends the court to dismiss said
cause.
= Ed H. Sharp, County Attorney.
b. In accepting the plea of Ed Young
and passing entence, Judge Maxwell
made the following remarks:
. The Court: In the case of the
State of Iowa VS.. Ed Young, and the
case of the State of Iowa VS.. Roy
Young, although under different in
dictments, by consent of the court
and the county attorney, these cases
have been disposed of. The defend
ant, Ed Young, has withdrawn his
,ploa of not guilty to the charge of
murder. and has filed his written
Plea of guilty of the crime of assault
with intent to commit great bodily
injury, and valves time and is now
ready for Judgment and sentence.
7 will say that in the withdrawal
Of this plea of not guilty of the
charge of murder, and the filing of
the plea of guilty of assault with in
tent to commit great bodily injury,
the court had previously considered
this matter in connection with the
attorneys for the defendant, and the
county attorney as we'll, the agree
nent and arrangement being that
that should this be done, and that
the case against Roy Young should
be dismissed by the county attorney.
When this matter first came up
the fore part of this term, I advised
with the county attorney in regard
10 it, and I think, acting under my
advice, although somewhat reluct-
antly, he consented to the arrange
Hent
- Now, the court is familiar with
this whole line of cases, two of them
having been tried before this court,
and one before Judge Evans, SO that
feel that I am familiar with all of
the evidence. The motion of the
county attorney to dismiss the case
against Roy Young is now on file,
and l wish to say that, in considering
this matter, think it would be more
Or less doubtful whether the defend
ant, Ed Young, under the charge in
this indictment, could have been con-
victed of the crime of murder.
listened to all of the testimony rela-
tive to his participation in the mat
ter, and while the testimony showed
that he was present at the time this
woman was killed, and some testi-