The Leon reporter. (Leon, Iowa) 1887-1930, 1913-07-17
the COURTS OPINIONS
FuIl Text Of the Opinion of The ST.
preme Court In Reversing the
liuoh Teale Murder Case.

preme Court In Reversing the
nuoh TeaIe Murder Case.
We publish herewith the full opin-
ion of the Supreme Court which re-
Gently reversed the case OF State vs..
Hugh Teale, the defendant being con-
yicted of manslaughter in the Deca-
tur county district court and sentenc-
ed to eight years. The Supreme
Court is now composed of seven
members, and five of the Judges con-
Cured in the opinion which was
written by Judge Evans. Judges
Deemer and Preston dissented from
the opinion of the five judges and
prepared a dissenting opinion which
was written by Judge Deemer.
It will be remembered that Clar-
ence Teale was convicted of murder
in the second degree for the killing
of Mrs. Levi Zornes near Dekalb,
and is now serving a twenty year,
sentence at FIT. Madison. Tom Young
who testified in the trial of Clarence
Teale that he struck the blow which
killed Mrs. Zornes was convicted OF
granddaughter and is serving an eight
wear sentence at Anamosa, and Ed
Young plead guilty to minor charge
and served a years sentence at Ana
mosa. The Supreme Court sustained
the verdicts in the cases of Clarence
Teale and Tom Young, both OF which
we're appealed to the Supreme Court.
Evans, 1.-THE defendant wcs con-
vincted on the theory that he was
present, aiding and abetting his CO.
defendants at the time of the killing
of Mrs. Zornes. 1t is not claimed
that he perpetrated' any act which
was directed against her or which re-
suited i'm any injury to her in any
other sense.
The Zornes family consisted of the
husband and wife and three sons and
a daughter. The husband is known
in this record as Levi and the wife
as Bertha and the three sons as
Henry, Willie and Ellie, aged respec-
lively IS, 16 and 13. The daughter,
Ora, was absent and does not inquire
in the case except by incidental refer
ence.
The family lived on farm adjoin-
ing that of Clarence Teale and occu-
pied also few acres of land rented
from Clarence Teale. On the night
Of December 7, 1910, seven persons
visited the Zornes home, including
the indicted persons already named.
Tom and Henry Phillips and Roy
Young ate supper with the family.
About 8 or 9:20 p. m. Clarence Teale,
Tom Young and Hugh Teale came, 20
or 80 minutes later Ed Young came.
Clarence Teale was man between
35 and 40 years of age. Hugh Teale
was his younger brother 22 years OF
81 age. Tom Young was 25 years OF age
and was brother of Roy Young. Ed
Young was a younger brother OF Tom
Young and lived at home with his
father. Tom Young and Hugh Teale
had been engaged for some time
prior to such evening in husking
corn for Clarence Teale. 1t was not
unusual for perseas to gather at this
home after night for reasons which
were excluded from the evidence as
immaterial. At the home this ev-
ening the men were all in the south
east room of the house. This room
had an opening into the southwest
room which room had an outside
door opening to the south. North OF
the southeast room was bedroom.
Mrs. Zorncs was lying on one OF the
beds therein, the door between the
two rooms being ajar. She was able
thus to engage in conversation with
the men in the other room. In the
course of conversation an alteration
of words arose between her and
Clarence Teale. Thereupon her hus-
band ordered the men out OF the
house. In the southwest corner OF
the room was loaded shotgun. Levi
Zornes, the husband, seized the shot
gun. Tom Young knocked it out of
his hands and knocked him down.
A struggle ensued between Tom
Young on the one hand and Levi and
his son Henry on the other. Tom
Young had bicycle pump as a
weapon. After using the bicycle
first in his fight with Levi and Henry
he threw it at Mrs. Zornes, who in
the meantime had left her bed and
had come into the room. Ed Young
got possession of the gun either by
, taking it away from Levi or picking
it up from the floor after it had been
struck from his hand by Tom. Ed
Young Immediately removed the
shells from the gun and carried it
away to the cave for the purpose of
hiding it from the Zornes. Within a
few moments after the fighting had
begun all the persons in the room
rushed out of doors, some through
the east door and some through the
south. On the outside the fighting
was resumed as between the Zornes
and Tom Young and Clarence Teale.
Mrs. Zornes received blow on the
head from a board or stick in the
hands of Tom Young or Clarence
Teale which fractured her skull and
from which. death resulted the same
( night. Tom Young admitted and
4 testified that he struck the blow with
board but contended that he did
SO in self defense. AS already stated,
+ he was found guilty Of manslaughter.
Levi and Henry Zornes and Tom
Phillips testlned that they saw Clar-
4 ence Tcale strike the blow and he
was found guilty of murder in the
second degree. The question involv-
ed in this case is whether Hugh
Teale was legally responsible to any
a depraa for the death of Mrs ZOrneR