Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1922-09-13
'KNEESKERN CASE.
DECIDED SOON
States Resistance to b. +. Knees
kern's Motion for New Trial
Now on File.
FILED SATURDAY
BY ATTY. ]. A. NELSON
The Public Will Await With Inter-
est the Outcome Of This Fam
Gus Case.

| Kneeskern otion for a new trial is
now on file. 1t made its appearance
at the county clerks office late Sat-
urday evening, being filed by the
county attorney, ]. A. Nelson.
The document is long one and
is filled with many interesting epi-
sodes.
The claims made by the defense
| are taken up in order and every
point is either denied or explained.
From a hasty examination of the
bundle filed it represents a great
amount of investigation and work.
The claimed misconduct of the jury
is answered by affidavits from all
twelve jurors, explaining that the
rulers used, were not vital in their
conclusions and that there was no
prejudice to defendant. Their re-
lease before the close of the trial
IS justified by express consent on
the part of the defense and that
neither side asked to have them kept
together, during the trial.
Attys. Sayre and Houck show how
their employment came about and
that their hand in the case did not
jeopardize the case, as they never
were attorneys for the defendant.
That one of the jurors had formed
an unqualified opinion is denied by
the juror in question and the re-
cord of the examination is referred
to and made part of the states
resistance.
The newly discovered evidence is
taken up piece meal and 1t is
claimed as to every item that If
used would not change the result
Most of it is denied as being untrue
The Christmas dinner at the cabin
in 1920 is given its former place as
the witness who changed his testi-
mony, makes an affidavit for the
state that he was confused by par,
ties approaching him, but that hi:
statements as given at the trial were
t-de.
Nels and Ward Duff are 'giver
certificate to the effect that the!
were at their home in Canoe town
ship and not at the cabin at the
time of the murder as claimed b!
them.
Mrs. Fred Rice, the stepmother o.
Irene, the murdered woman, was il
Decorah, where defendant could have
used her as a witness during th'
trial.
That Geo. Moore and Elmer Val
Brocklin brought no gun to tn
Charles Moore home the day before
, That Geo. Moore had no reloadinl
5 tools.
That the Tatros' claim of finding
place on Dec %, 1921, where ther
f had been digging, and where the
D stirred the earth is attacked by al
, fidavits ei others who were ther
! that day and saw no such people
e and the weather man gives the cor
t dition of the weather as being a
t EXTREMITY cold day and the groun
n frozen.
e Hozen Rice, a step brother
Irene, recites his experiences as
spy for the defense at the va
Brocklin home, and thinking he wa
not doing right, he quit his job ar
n gave the state recital of the e
4 euts that lead up to, and transpire
v during the weeks he served as q
n tective. John Mullaney, OF Mast
v City, is frequently mentioned in n
e affidavit.
e The above appear to be the pri
cipal points, others have their pla'
n The Judge who sat at the trial, no
% H. E. Taylor, will pass upon {
motion, sometime after sept. "A
4. which is the time get for filing 9
to fendant's reply TO the states res
is tance. Meanwhile the public W
IS await with considerable interest I
optcome of this famous case.