South Bend news-times. (South Bend, Ind.) 1913-1938, 1922-01-11
SECOND TRIAL OF
KENNETH MORGAN
BEGUN AT LAPORTE
Entire Jury Selected Without
Challenge - Jellison In
Opening Statement.

fNnefAhl To y ne Sew trrfra.h
LAPORTE. Ind Jan l0.-T The
second trial OF Kenneth Morran OF
South Bend. who faces a charge OF
assault and battery with intent 20
Kin Pauline Macdonald. his former
sweetheart, on the streets OF south
Bend on Sept. p. 1919 started Tues
day here In rho Iapcrte county cir
cult court presided over hy Judge
James +. Gauaher.
Morgans fate Will be decided By
the regular jury panel composed OF
/ Charles r. Holmes. William TT. Bos-
serman. John DcNyrr. Scott Tse-
minger, Charles r. Allison. VI. Van
Bitten. Alfred Fail. Lloyd Galbreath.
I Henry Pagel Frank ID. johnson, Nel-
son c.. Bailey and Otto q. Kreuger.
The entire body OF 10 men was ac-
cepted without challenge by at
torneys FOR the defense and proeccu-
tion. something unusual i'm such
cases. Morgan is represented By
Atty. Arthur Ia GuHom Of south
Bend. while Pros Atty. Floyd Jel-
lson OF ST. Joseph county and
Pros Rowley are appearing FOR the
state
Immediately following the accept
ance of the jury. Judee Gauaher
asked for the opening star enents.
Jellison announced that ne expected
10 show beyond reasonable doubt
that The thiug that caused the
shooting was AIorsaus jealousy and
not insanity.
Outlines History Of Case.
Pros. Jellison outlined the history
Of the case, saying that Morgan.
temporarily out of Wort had pur-
chased o. revolver and D. pent the
large part OF an afterno practic-
ing with IT, He then O., ted how
the shooting had taken ace when
the two met ON the street. He
quoted Morgan as having said as he
pulled Jhe revolver from his pocker.
II told YOU 7 would get you" JUS
as ne commenced firing at the girl
When it came time for the defense
to make its opening statement they
refused.
At the defendants table sat Nor
gan and his parents. His wife OF
but six months sat behind him and
appeared TO take a deep interest in
the case. MorE4n did not seem In
terested In the proceedings and CT
times acted as If bored. lie APP
peared 10 bc ass cool and as uncon-
cerned as the day ne came from
Chicago shortly after the shooting.
20 give himself up 20 the sheriff. in
curing II the Jail were ventilated.
A number Of witnesses will be In
troduced by the state % show that
Morgan shot the girl az an act of
revenge. IL IS expected that Pau
line Macdonald viii appear in court
Wednesday providing her health
VIII permit tt IS said she is still
troubled from the effects OF the
shooting and has practically los-
her health
May Plead Insanity.
II is believed that the defense
viii again put forth tho plea OF in
sanity. The defense is specializing
upon whether or not Pauline Mac
Donald VIII be able 20 testify. while
the state IS wondering # Morgan
viii testify In his own behalf. Nor
gan did not testify az the last trial.
remaining mute throughout
Morgan was tried and convicted
in the St Joseph circuit court in
December. 1919. before Special
Judge Shepherd Crumpaoker. Nor
gan pleaded insanity. but the jury
found him sane and guilty He was
sentenced 20 two 20 Ia years az the
state reformatory at Jenersouvius.
but has been out on bonds since.
The case was appealed 10 the gl-
prewe court OF Indiana on pa all
legged error Do the instructions 90
the jury. LaS- summer the supreme
court reversed the decision % the
local court and granted the request
Of the defense attorneys for new
trial
At the September term of tbs
court. the attorneys for Morgan
fled a motion before Judge Crum-
packer asking that "a change OF We
nue. be granted their client on the
grounds that he could not receive
a fair trial in this county. The mo-
tion was granted and the case was
transferred 20 the Iaporte SQUIRT.
II Morgan is found guilty. the
sentence win be two 20 IA years in
the state peniteut.ary.