Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1917-09-13
ELEVEN FARMERS AND ONE e.
ECTRlC LlNEMAN TO DE-
eide GUILT OR INNOCENCE
DEFENSE PLANS PROTEST
or TWELFTH JUROR
Last Man Accepted Expressed Opinion
Favorable TO Senator Jones-Defense
Announces 1t Will Seek to Prove
Jones And His Son Were RESPONSE
BILE for Murders.

will determine the fate of the Kew
Lyn George j. Kelly on trial for the
villisca ak murders, is complete.
Shortly before o'clock last evening
Judge Boies overruled the final chal-
lenge of the defense and T. c. Brown,
Red Oak farmer and bank director, en-
tered the jury box as the twelfth MEM
Der.
Brown was the l40th man called for
the Kelly jury.
Make Fight on Brown.
The defense made strenuous HghI
on its challenge OF Brown.
Did you read the Havner interviews
printed in the newspapers? Attorney
Mitchell asked Brown.
Yes, have read most OF them was
the reply
And did you have confidence in
Havner?"
Judge Boes sustained the states o.
lection to this question.
Could your opinions be changed II
evidence were introduced against Mr.,
Jones instead Of the DEFENDANT"
Mitchell asked Brown.
II Is not my uNUcl 81 "
ZONES is being tried" Brown replied,
and later started to add. Il thought il
was fimsv evidence The judge in
terrupsed and warned Brown 10 confne
himself TO the questions. After the
challenge Of Brown had been overruled
Judge A L. Sutton of the defense
made the following statement 10 the
court:
Will Try F. 2. Jones.
Before the jury is sworn I want to
make a little record. The counsel for
the defense wishes to say in open court
that one Of its defenses is that F. F.
Jones and Albert Jones are guilty Of
this murder and that one Of the jur-
ers has stated positively that he does
not believe that either is guilty and
therefore deprivss the defense Of one
of its legitimate defenses. ! would like
TO be heard on this subject
Judge Boies overruled Sutton and
said he knew of no such statement by
a juror.
During the afternoon session the
Il state complained that Wilkerson was
making remarks which could be heard
by the jury Judge Boies said he would
remove the temptation if it became
necessary
The Twelve Men.
Following are the Jurors who will
determine the guilt or innocence Of the
Rev Mr. Kelly: ]. D. Isaac, farmer,
Sherman township; Samuel Erickson,
farmer, Scott township; Carl Nimrod,
farmer, Scott township; S. r. Pike,
telephone lineman. Red Oak: Jesse
Rankin, farmer, Lincoln township;
Wesley Dodd, farmer, Pilot Grove
township; James Edwards. farmer.
Sherman township: George Bass far
mer, Washington township: z. B.
Strait, farmer Washington township;
r c. Brown, farmer and bank director,
Red Oak. All of the jurors are mar
ried.
Ross Moore. brother Of the slain Joe
Moore declared Browns acceptance by
the court on the jury was an outrage.
He asserted he will bring into court
affidav!ts showing that Brown declared
Just before being called TO the jury
box that he believes Kelly is guilty He
says affidavts Will also be presented
to show Brown vigorous champion Of
Senator F. F. Jones. Of Villisca
Wilkerson Again Scored.
Again yesterday afternoon. for the
third time since the examination Of
prospective jurors for hearing the tes-
timony in the ak murders commenced
Detective Wilkerson was scored by the
judge when he was informed that re-
marks such as ne was making and
which he said were for counsel for the
defense, were very likely intended for
the ears Of the Jurors.
Attorney Mitchell, for the defense
was on his feet protesting that the
court was too severe with Wilker-
son." County Attorney Wenstrand
said he had heard the remark, which
was lost to the spectators. across the
room.
Don't let it occur again" said the
judge, 'or some one will be removed
from this court room
The defense again today showed
that the intention is TO try to fasten
the crime on former Senator F. F.
Jones, when Juror A T White, who
said he had already formed his opin-
ion on the case, was asked, IF the de-
Tense were 10 prove that Jones was
responsible for the murder would that
change any opinion you had already
formed"
White was not accepted for the
jury.
Child Fatally Burned.
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