Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1922-04-26

testimony was true about Kneeskerl
kneeling down in the doorway h
would have had to look through TIN
logs of the cabin to see him from
the way he was approaching tn
cabin. Atty. Cutting also said tina
when he came up to the cabil
Kneesken pulled the gun on hin
and cooked it. He got the gun OF
exhibit and showed the jury ther'
was no way of cooking it. Holding
the gun up in the air and facinl
the largest audience that had beer
at the trial Atty. Cutting called GU
! in loud voice "Elmer Van Brock
lin if you are here why in God!
name didn't you tell the truth par
of the time anyway"
Although points in Elmer's testi
mony were pointed out and proven
as no. being true and with that Mr.
Cutting asked if no one else car
give testimony but Elmer Var
Brocklin that Dir. Kneeskern was
at the cabin, how can his statements
prove that the defendant is guilty.
In finishing Mr.. Cutting gave q
short synopsis of the whole argument
and put the proposition to the jury
to handle the verdict on faiI
and square basis and to handle it as
if they were in the hands of a
jury. He said, look at the testimony
squarely and fairly and remember
you do not have to find some one
else who did it, in this case. Atty.
Cutting concluded his argument at
4:29 p. m. Tuesday.
Atty. d. ID. Murphy continued the
arguments for the defense at 4:3O
p. m.
He opened with a short introduc-
ton on the problems the jury is to
solve. He said the object of every
law suit was to find out the truth
After a short talk, mostly on the
jury's duty he asked that the court
adjourn, as it was just few mo-
ments from the adjournment time,
and he would be interrupted in what
he had to say.
On Wednesday morning Atty.
Murphy opened his argument before
one of the largest audiences that
has been in the court room during the
trial. He continued with the duties
of a jury.
He opened up by saying we might
commence at several different places,
but suppose we start at the cabin,
Frank Kneeskern was there with a
gun. Then there was an opportunity
for murder. Opportunity alone is
never evidence of crime Atty. Muir
ply said.
There is no question about the
trouble between Elmer and Charley
and Irene. They were not living q
right, clean life. For instance Elmer
had been stealing corn and Charley
Van Brocklin knew il.
Why was Elmer up to Charley
Moore's on the 18th of Dec? Atty
Murphy asked. When he was living
with Geo. Moore he was telephoned
They had no business, the fence
business was just a pretext. They
came up to see about the corn deal
There must be evidence which con-
meets him up so close that there car
be no doubt. You must consider the
reasonableness, his position in the
case and such things to tell of Elmer
Van Brocklin's ability to testify about
a person.
Although Mr.. Murphy stated he
did not like to talk about the dis
of our fellow men he
must do so to show the weight
Of Elmer's statements. He then told
some of Elmer's disadvantages.
Tho Iit+la n; IN ba
evidence tell you what was in Ell
mer's mind.
First what happened at Cooks
place; just what you would expect
to happen. There were threats and
trouble as you can see from these
actions.
| haven't been on the witness
stand and l don't know whether
am going to, is what Charley said
to Elmer in answer to the question:
ARE yo" going to testify against
me?"
Atty. Murphy went over the trip
Of Elmer and Charley Van Brocklin
from Moore's and Swenson's to the
cabin. He stated they have evidence
substantially that Geo. Moore got to
Moore's house about the same time
got to Swenson's. Miss
Swenson stated that Charley left on
a fast walk. Elmer started out from
Moore's about the same time, and in
all probability they reached the ca
bin about the same time, but posi-
bly, Elmer got there little sooner.
Is the evidence of Elmer's salts
factory evidence that would convince
you. That is the question gentle
men stated Atty. Murphy. He has
every reason for giving testimony
in order to shield himself.
1t has been established that the
shot from the bodies of the dead
couple was No. shot. That Char
ley had bought No. 6 shot. That
had a double barreled shot
gun. Where is that gun and amuni-
ton Atty. Murphy asked?
Atty. Murphy said that from this
evidence introduced by the state that
they could not get away from the
fact that Elmer was at the cabin
when Charley was and if anything
Elmer was there first.
If you are to strain any evidence
Atty. Murphy said, you must strain
it toward the defendant; that is the
law and it requires you to do it.
When a she'll is fired at short
range the top wad is entirely des-
troyed, the shot makes the opening
and the other wads follow. In these
wounds were found one felt wad and
one paper wad.
Atty. Murphy said the expert says