The Leon reporter. (Leon, Iowa) 1887-1930, 1913-07-17
Reversed and Remanded.
Deemer, j. dissenting. J


Reversed and demanded.
Deemer, J.-(dissentingD
1t should be stated that defendant,
with his brother, Clarence Teale,
Thomas and Ed Young went to the
Zornes house together although by
reason of some unintentional circum-
stances defendant was the first one to
enter the door. What their mission
was, under this record, can only be
surmised from their conduct. 1t is
certain that within short while al
ter the men entered the house, con-
troversy arose as to who was the
author Of a report that certain
young woman had been acting as
cook for Clarence Teale. Clarence
Teale accused Mrs. Zornes of being
| the author of the story and she de-
MED it. Defendant participated IN
| this verbal controversy, which pc
came somewhat heated and remark
ed that he was the only cook that had
been there since he had been down
on the BOTTOM Mrs. Zornes then re-
marked that she had no reference to
him, that she meant Jane Young.
| Clarence Teale then said there had
been considerable talk about Jane
Young keeping house for them down
there and Il don't know, but | think
it started from this hill. Mrs.
Zornes then said it was a lie; that 1t
didn't start from there. but that Dick
Pray had told it in their house. Car
ence Teale then said that whoever
stated it was "a cockeyed liar Mrs.
Zornes then said that he (Clarence)
was liar, that Dick Pray had told
it and she believed him and after
calling Clarence some vile names, she
ordered her husband to put all OF the
men out of the house, telling him TO
get the gun. The majority opinion
sets forth the testimony as to what
was done inside of the house With
that affair, defendant, Hugh Teale
had no direct connection, but he,
Levi and Henry Zornes went out of
the house, and as the Zornes armed
themselves with clubs at the wood
pile, defendant warned his compan-
| ions when they appeared at the door
not to come out. The defendants
conduct, after that time and in con-
nection with the affray which caused
the death of Mrs Zornes is shown by
| this summary of the testimony Of
fered by the state, taken from the
abstract and amended abstract now
before us. 1t is a brief statement Of
the testimony as found in the major
itv opinion and also includes some
material testimony found in an
amended abstract which is not refer
red to by the majority. This state
ment was testified to by Levi Zornes,
as to the defendants part in the
fight.
"After l got out of the southwest
door | saw Hugh Teale. We tried to
pick up some rocks. Hugh had an
. arm load of wood and had his re-
volver and said he would shoot our
brains out if we picked up rocks.
Hugh Teale was standing east and
south OF the door about eight feet.
He had the wood in his left arm.
Then we went off southwest. They
were pushing us, and we didn't have
any time to get any wood at the
wood pile He drove us then north
of the wood pile about fifty or sixty
feet near the barn and corn crib.
| Question: After you had been driv-
en- there did you see anyone that was
pursuing you? Answer: Yes sir, saw
Hugh Teale, Ed Young, Roy Young
and Tom Young.
Henry Zornes gave this version of
the matter:
Father and l went out of the
house, then Tom, Ed and Roy Young
was pursuing us. We went to get
some rocks. Hugh Teale was there
with a revolver and some stove wood.
He said if we picked up the rocks he
would shoot our brains out. He had
it in his pocket when we first went
out and he pulled it in our faces. He
didn't throw any wood at us at this
time. l went to the wood pie. Hugh
gave Tom and Ed Young some wood.
"My father went to the wood pile
with me. We were pursued by Tom
Young, Roy Young, Ed Young and
| Hugh Teale.
| Thomas Phillips also testified to
the following facts, in addition to
those set out in the majority opinion:
Clarence Teale came right out of
the house behind me. When l got
out Hugh Teale was standing there
with some wood in one arm, a revolv-
err or something in his hand shined
!, :oL+ ~ yhof IL &C,