Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1922-12-13
KNEESKERN TRIAL
To FLOYD COUNTY
New Trial in Van Brocklin Murder
Case Will be Held at Charles
City, Before Judge Kelly.
KNEESKERN TO BE
TAKEN THERE SOON
Court Opens on January 2, and it is
Understood This Trial Will be
One of the First Ones
(. ~ Called.


The Kneeskern case took anothel
angle Monday, Dec. IL, when a rul
ing was made by Judge Taylor tina.
the next trial Of the case be held a
Charles City in Floyd county. A
coincidence in the dates is that the
bodies of Mr.. and Mrs. Chas. Var
Brocklin were found dead, shot *
death in their cabin home in the
Moneek district on Dec. IL, 1921, 81
a year has passed, and the seconc
trial of B. F. Kneeskern charged
with their murder will start soon.
Kneeskem presented an amend
ment to his first petition for q
change of venue, stating that it was
his firm belief that the minds of the
inhabitants of Howard, Fayette and
Chickasaw counties are so prejudiced
against him and the excitement in
each of said counties is sucn that he
felt that he couldn't receive a fair
and impartial trial in any OF the
said counties.
Signatures attached to the Fayette
county petition were Ernest Schori,
John Falb, Albert Schori. =
Chickasaw signers were w. j.
Nugent, Chas. Peters, Louis Seeley,
p. j. McGrane, E. j. Agan.
Howard county signers were c. c.
Mcintyre, Earl Dove and W.. A.
Cornell.
Filing a petition of prejudice exist
ing in these counties left Allamakee
and Clayton, the only other two
counties in this district. Objection
was made to Waukon and Elkader
because of two of Kneeskern's at
torneys living in these respective
counties, and then suggestion was
made to go outside the district, and
this proved agreeable to both sides.
Charles City is about 65 mixes
from DEBORAH. The witnesses will
have to appear there and they vii,
be paid at the rate of 10 cents y
mile.
The first Kneeskern trial, we I'M
detrstand, has cost Winneshiek coun-
ty around $4,000, and it is a pre-
sumption that the s"cond will cost
that, possibly L.
Attorneys C. H. Houck and Frank
.Sayre, who assisted the state in the
prosecution at the first trial have
withdrawn from the case, the opinion
of the Judge eliminating them from
further work in the case. The board
of supervisors have empowered and
instructed County Attorney Nelson
to secure the best assistants poss-
ible to help in prosecuting the case.
1t is rumored that he has secured
the service of EX-United States At
torney Frank Q'Connor, of Dubuque,
and Atty. E. r. Acres, Of DEBORAH.
Both of these attorneys are brainy
men and will prove very valuable
assistants to County Attorney Mel
son.
On Monday a motion was made be-
fore Judge Taylor by Attorney W.
M. Allen for Kneeskern requesting
that KneeSkem be transferred to
Charles City on or before Dec. 81,
and it was granted, so Sheriff Ell
1ingson will take Kneeskem there
some time this month and. place him
in jail in charge of the sheriff of
Floyd county.
Following are the proceedings on
the petition for a change of venue.
The Court: Is it agreeable to the
State to consent to this last amend
ment?
Mr. Nelson: 1t is agreeable provid-
ed the court make an order here
that Defendant Kneeskern is in
court and it is agreeable to him.
The Court: Mr.. Kneeskern appears
with the second amendment just filed
I. oe-lr~ that no
taken to Floyd County, Iowa. Is
that your request? Do you want
that done? Do you want this cause
transferred to Floyd county, Iowa?
Defendant Kneesl5en: Yes, sir.
Mr.. Nelson: / make no objection
10 the change to Floyd county.
The Court: The defendant has filed
in this cause a petition asking for
a change of venue and shows feeling
and prejudice in Winneshiek county,
Iowa, showing such feeling and al
leging that he cannot secure a fair
and impartial trial in Winneshiek
county, Iowa, and he has also filed
an amendment showing that this
feeling exists to some extent in the
counties of Chickasaw, Howard and
Fayette. The state objects to q
transfer to Allamakee and Clayton
counties. This showing is sufficient
to entitle defendant to a change OF
venue from Winneshiek county, Iowa,
and the court knows by reason of the
fact that he has held court in the
other counties of the district that
the feeling does exist in these coun-
ties of the district, not only in the
sour counties mentioned by the de-
PENDANT but also in all six countie>
in the district, and the court feels
that in order TO permit the defendant
10 have fair and impartial trial,
and in fairness to both sides, that
this trial should take place in one
of the counties outside of this dis
trict and see no reason why Floyd
county would not be perfectly falr
to both sides. The change of venue
IN this cause is therefore ordered
transferred to Floyd county, Iowa.