Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1916-07-06
JURY \ SESSION 70
PROBE MURDER CASE
GEORGE 3. DAVIS, OF MINERVA
TOWNSHIP, is APPOINTED
FOREMAN.
JUDGE WlLLETT'S
INSTRUCTIONS GENERAL
Court Authorizes Jury to Investigate
Independent Cases it May Wish to
Take Up-Court Appoints TT. Brad
ford Counsel For Prisoners - Objec-
tions to Jury overruled.

/ The grand jury Of the March term
which was recalled to investigate the
murder of Henry Alexander, went intS
session at II o'clock this forenoon. Ar
raigned before them as suspects, helc
on charges of numbering Alexander
were Elmo c. Tompkins, Lloyd, alsi
known as Floyd Fry. Mark Fry, Leon
ard, known as Curly" Fry, and Barney
Hcushkirk. Each of the prisoners
claimed to be without funds to employ
an attorney, and T. T. Bradford, who
had already represented the five in the
Justice court, was appointed by Judge
: Wilett.
The seven members of the grand
jury who comprised that body when 1t
met in regular session early in the
March term, were Henry Cavell, George
3. Davis, E. w. Earhart, G. a. Good
man, Otto Creating, W. P. Hall, and d.
P. Raeder Davis was appointed fore
man.
Instructions Are General.
The instructions of Judge Willett
were quite general in character. altho
he referred by inference especially to
what might be presumed to be the
Alexander murder.
Matters have Occurred il this COM
munity that seem to require that you
be called" said he to the jury. The
court expects that any and all indie
pendent matters that may come before
the grand jury may be investigated by
you.
The court is not called upon at this
time to specify what these matters are.
Certain parties are being held in jail
who are suspected, at least, of having
committed a heinous crime. You will
remember your oath and act accord
inEly, and you will remember the ad-
monition and charge given you when
you We're originally called at the be-
ginning of the term
All Objections OverruIed.
Both written and oral objections
we're made to the grand jury, and in
Guided in them was a series of objec-
tons alleged to charge the county at
torney and peace officers with keeping
the prisoners in jail without allowing
them the privilege of a preliminary eN-
animation.
INeSS ODJeCIlODS "elll vi " leSllC
that an expense of $3.50 had already
been incurred by the county to arrest
and hold the prisoners for preliminary
examination. which amount had been
wasted because no preliminary hearing
was held.
The grand jury need not have been
called, the objections read, had the
county attorney been diligent in bring
ing the prisoners up for preliminary
examination.
The right of the county attorney,
sheriff, and court in calling the grand
jury was denied in the objections.
The plan Of recalling tn grand jury
that served earlier in the term, with
out calling the whole grand jury and
selecting from it the seven to serve,
was made the grounds of oral objec-
tons.
The court is of the opinion that the
grand jury was legally recalled, said
Judge Willett in overruling all of the
objections.
The instructions Of the court giv>
the grand jury authority to investigate
any criminal cases. 1t is very probable
that the F. H. Cummings case will be
at least one other case that the jury
will pry into.