The Leon reporter. (Leon, Iowa) 1887-1930, 1912-04-11
Concluded from page H.


cycle pump; that Mrs. Zornes then
assumed a threatening attitude to-
ward Thomas Young, and that he
pump. But the question as to who
was the physical aggressor in the
house is not of controlling import
ance in this case. For present pur-
poses, it is enough to say that, after
being knocked down twice, Mr..
Zornes, together with Henry ZOrnes
and the Phillips men, were driven
from the house through the south
west room, and that the conflict was
renewed on the outside with Zornes
and his son, Henry. Mrs. Zornes
and the two younger boys remained
in the house until the others had
gone outside, whereupon she, with
these two boys, left the house by the
east door and started off in a north
westernly direction therefrom. She
was overtaken by the defendant,
Clarence Teale, and by him struck
on, the side of the head with club
and killed. A trial juror called into
the box stated in substance, in an
swer to the defendants questions,
that he had formed an opinion as to
the guilt or innocence Of the defend
ant, based upon what had been told
him about the matter; that it might
be hard to Jay the opinion aside and
that It might, to some extent, in
fluence his verdict. A challenge was
thSn interposed., The Juror then
suited, III answer to questions by the
judge, that he thought be could lay
aetde. the opinion he already had and
tin the case on the evidence and
render "a verdict on that alone,
whereupon the defendants challenge
was overuled, and the ruling is as
signed an error. In the examination
of jurors as to their qualifications
to try case, the sole question to be
determined by the trial court is
whether they can fairly and impair
TALLY hear the evidence, and render
verdict thereon which shall be en-
sirely free from the aid or influence
of previous knowledge, or precon-
ceived opinions. And in the very ma
ture of the situation, the trial court
matters which will not be interfered
with, unless an abuse of discretion is
shown.
State VS.. Hassan, 149 Iowa, SIS.
State vs.. Bone, ia Iowa, 537.
State VS.. Brown, 1870 Iowa, 81.
A person is qualified to act as a
juror when it is apparent from his
entire examination that, notwith-
standing his present knowledge of
the facts, or any opinion which he
may have formed therefrom, he can
try the case fairly and impartially
on the evidence alone.
State vs.. Rohn, 40 Iowa, $40.
State VS. Ralston, 1876 Iowa, "A.
In this case we think it apparent
from, the examination of the juror
that he did not have such fixed and
unqualified opinion as to disqualify
him. Under the rule of the cases
supra, we think there was no error
in overruling the challenge.
We are constrained to say in this
connection, however, that we see no
occasion, in the ordinary admins
tration of the criminal law in this
state, for the close rulings on the
qualifications of jurors that are con-
stantly brought to our attention.
Although ruling may be tech
nically right, if it must be so doubt
full as to raise fair question as to
it's correctness, it is far better to
give the accused the benefit of the
doubt, to the end that he and all
other men may be satisfied that his
rights have not been invaded. Con-
fidence in the fairness and impartial
ity of each member of jury, which
shall be sworn to try a man on
charge involving his life or liberty,
is of the greatest Importance to the
welfare of the state. Indeed, it is
of such paramount importance to
every citizen that the time and ex-
pense necessary to secure jurors as
to whom no doubt may rightly ex-
list, is an insignificant consideration.
Thomas Young testified for the de-
PENDANT that he was the one who
struck Mrs. Zornes with the club out
in the yard. and then the defendant
offered to show by him that he had
made the same statement to one
John Cecil. The court did not err
to the defendants prejudice in re-
jecting this offer. : Young had al
ready testified fully as to his part in
the ARRAY in the Zornes house and
yard, and If his statements were
true, the defendant could not be
guilty of the crime charged against
him. Several of the states witnesses
tcoti1ie6, however, that they saw the
defendant, Clarence Teale, strike
the fatal blow, and that Young was
at that time engaged with Levi and
Henry Zornes. 1t is clearly evident
that the jury did not believe Young
and that his own testimony, that he
had told Cecil that he was the one
who killed Mrs. Zornes, would not
have strengthened the defendants
case with the jury. Had the de-
sfendant offered to prove this alleged
statement by witnesses other than
Young, different question would be
presented. But while Cecil was used
by the defendant as witness on an !
other matter he was not interrogat- |
ed on this subject. The left side of |
Mrs. Zornes' skull was fractured,
and the state produced the upper |
part Of the skull for the purpose of
showing the Jury the exact location
~ 5nko "a o<on 1fykho h10uy %ho< ;cho |