Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-09-18
JUDGE NICHOLS DISCHARGES
PRISONER WHEN STATES MUIR.
DER CASE FAILS,
STATE UNABLE TO
PROVE INDICTMENT
Sustains Motion 70 Discharge the
Prisoner-8raen'. Attorney Pleads
Guilty For Client to Carrying
Weapon, Gets Light Sentence.

Mehmet Braen was freed of the first
degree murder charge for killing
| Roshet Jaffar at Green Mountain the
night of Aug. IA and was discharged by
/ Judge Nichols in the district court late
Wednesday afternoon. The Turks re-
! lease brought sudden and uneXpect-
! ed ending of the trial, which began in
4 the forenoon.
! 1t also marked the total collapse OF
1 the states case, as the discharge OF
Braen followed the completion of the
| states case. When the Turks attor-
! ney. F. E. Northup. made motion to
/! take the case from the jury, and for
i the discharge OF the prisoner, the mo-
! ton was sustained. Braen will not,
however, go entirely free. Thru his
attorney he pleaded guilty to the in
! dictment for carrying concealed
weapon, with the agreement Of County
Attorney Daily and Judge Nichols that
the prisoner receive no heavier SEN
tence than a fine of $50 and thirty days
in Jail. Time was waived and 1udg-
ment was passed. The fine was paid
at once and Braen went to Jail to
serve the time.
States Case Dwind!es.
The motion of the defense to dis
charge Braen was sustained by the
court because the state had failed en-
tirely to prove the charge in. the in
dctment. There We're no witnesses to
the shooting, and the state did not pro-
duce a case Of circumstantial evidence
against the accused man
What was purported to be valid
confession, the court held, was not ad-
missable evidence and barred it. This
evidence was the statement of Braen
made thru an interpreter at the cor
norer's inquest. Braen was examined
at that hearing, without the Formally
of informing him OF his legal rights IN
testifying against himself. or that the
evidence he gave would be- used
against him at the trial. His testi-
mony was in effect that he did shoot
Jafar, but that he did not shoot I'M
til Jaffar had fred at him. The de-
fence holds that if any of Braen's testi-
mcny before the coroner's inquest had
been admitted, all of it, including this
statement of self defense, must also
have been admitted.
But the attorneys for the defense
were quick to object to any of Braen's
testimony at the inquest being adj
mitted, and the court sustained the OBJ
lection.
Daily Not at Hearings.
County Attorney DAILY was absent
from the city at the time Of the MUIR
der and when the coroner's inquest
and the preliminary examation were
held. Robert E. Johnson acted in his
stead. The county attorney took up
the case when it came before the grand
jury. Il. +. Bradford, MIR. Johnson's
partner, was retained as counsel for
Braen.
Had Surprise Ready.
What the defense claims would have
been distinct surprise for the state.
was held back and not brought out in
the trial. as the defense offered no tes-
timony. And on it the defense hoped
to throw the indictment out OF court
1t had to do with an alleged mistake in
the name of the dead man, which has
been known as Roshet Cater from the
time of the murder and thru the granu
jury investigation. Braen was indicted
for numbering Cater. The defense
claims 1t was prepared to prove thar
the man killed was not Cater at all,
but that his correct name was Roshet
Jaffar.
Braen, who was supposed to be with
out friends, proved to be well supplied
with money and relatives who were
ready to supply means for his defense
when the case came to trial. Two
cousins, and Turkish banker of Chi
cago were looking after the interests
of the prisoner. F.. Z. Northup. who
had been appointed by the court to
defend Braen. had the appointment
withdrawn, as he was retained by
Braens reia ives who also employed T.
p Bradford.