The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1914-01-15

Nicola, charged with murder, was
taken up aud the empaneling OF a
Jury begun when court. was convened
at 1 80 O'Clock yesterday afternoon by
Judge Silwold after an over Sunday
recess. The entire afternoon was
spent in cross.eXamination of the
Jurors by the attorneys for both sides
and the session resulted in one juror
being challenged for cause and one
pre-emptory challenge exercised. Two
additional names were drawn ana
examination OF the jurors resumed
when court convened this morning,
There may be as many challenges for
cause as exist and each side Is allow
ed ten pre-emptory challenges to Jur-
ors, so it is easily seen that the jury
Twill probably not be chosen and tie
| hearing begun before late this after
moon or tomorrow morning. Attor
news Roscoe Woodland and the firm OF
Burrell & Dewitt are assisting County
Attorney John McCutcheon in the
prosecution and Frank T. Nash and
the firm of Mccoy & Mccoy are APP
pearing for the defense.
The crime for which Nicola is on
trial is the murder of his father, VIII
liam Fl. Nicola, whom he killed at the
family residence, 42l Second avenue
least, on the afternoon of Wednesday,
March 1t, 1913, firing two shots at
him from a 32-Calibre revolver, botn
OF which took effect. The man died
almost instantly following the shoot,
ing. The story of the shooting told
by witnesses at that time was that
the man had attacked his wife with a
razor and the son shot him to protect
her 1t was also current belief tnat
the deceased was mentally deranged,
and it was said that he had many
times threatened the lives OF mem
bers of the household. Young Nicola
walked to the police station following
the shooting and gave himself up to
the officers. ... ...' ...... .-....
The following entries were made in
the court calendar yesterday by Judge
Silwold:
Oskaloosa Savings Bank VS.. Union
Monarch Laundry Co. ct al. Plaintln
given permission by the court to pros
ecute this action to Judgment and
collect. David S. David entered ap.
pearance for receiver. S. V. Reynolds,
Default of all defendants. Judgment
against all defendants on three prom
issory notes iUr costs and attorney
fees. ..
C. O. Keiser VS.. James J. Burrier.
Time for filing cost bond extended to
Jan. IL. ...- ".
Probate. .
Estate of Elizabeth Strawn. Final
report approved and distribution ord
cred. . -.
Estate of Alvin La Rue. Final re-
port set for hearing at 9 o'clock, Jan.
90. .--
The empaneling of jury for the
Chattie L. Nicola murder trial and
the hearing of opening statements
from the attorneys occupied the ell.
tire day in district court yesterday
and no evidence was heard until this
morning. Thirty-one jurors were
called before the twelve men who
will sit on the case were finally
chosen and it was three o'clock in
the afternoon before the jurors were
sworn and opening statements begun.
Both the state and the defense used
nine of the ten peremptory chal-
lenges to jurors allowed each side
and one juror was excused for cause.
The twelve men who compose the
jury sitting on the case are all farm
ers except two, one of them being
carpenter and the other a retired
farmer, and only one of them lives
in Oskaloosa. They are as follows:
James Moore, East Harrison town
ship .... -... ..
Harry Stanley, Prairie township.
Joseph Shaw, Prairie township.
E. K. Taylor. Oskaloosa.
Howard Stringfellow, Monroe Twp.
George Goesting, Cedar township.
G. H. Hartman, Pleasant Grove
township.
J. w. Ellis, Prairie township.
Fred Davis, Adams township.
John Sedrel, Scott township.
Guffy Johnson, Jefferson township.
John Flanders, Jefferson township.
Opening statements were begun
shortly after three o'clock yesterday
and occupied little time. County At
torney John McCutcheon delivered
the opening statement for the State.
and Frank 7. Nash spoke for the de-
Tense. The State will rely chiefly
on the previous threats alleged to
have been made by the defendant
against his father, the deceased, be-
fore the shooting, and the fact that
two shots were fired in order to es-
tablish their case. The defense
will endeayor 10 show that young
Nicola acted solely in defense OF
his mother when he fired the shots
and was actuated solely by such mo.
tive.
Judge Silwold has issued orders
that the jury in this case shall be
kept together throughout the trial
and until finally discharged from the
case. Two special officers have
been appointed and sworn to guard
the jury and keep them. Stringent
regulations have been placed by
Judge Silwold upon any communica-
ton between the jurors and any out.
side person.
All the petit jurors not serving on
this case were excused yesterday
afternoon by Judge Silwold until
Friday afternoon at 1870 O'Clock.
Several of the jurors were also ex-
cused yesterday for the remainder
Of the term. rt
Lee Nolan. colored, of Bolton,
against whom the grand jury return
4 r. =.