Decorah public opinion., 1923-01-31
ATTY. NELSON
HIGHLY PRAISED
Continued from first page)

vote, being granted bail, it was fire.
quently heard that the defendant had
high hopes as TO the result of the
second trial which began at Charles
City, January 3, 1923.
The case was transferred 10 Char
les City by Judge II. T.. Taylor some
time after the motion for a new
trial had been granted when a lit
tie disagreement arose between coun-
eel for the state and counsel for the
csfense as TO where the case might
be transferred TO within lhe Thir-
teenth Judicial District. Frank Sayfe
and c. N. Houck had then stepped
out of the case because of objections
raised by the Judge as to their ap-
pearance for Elmer Van Brocklin at
former hearing.
When the motion for change OF
venue was filed no one knew where
the case would go. A little later an
amendment was filed by the defense
raising objections as TO Howard,
ChickaSaw and Fayette. This left
only two counties in the district out
side Of Winneshiek, Aiiamakee AMI
Clayton. The county attorney OBJ
jected 10 both of the last named
counties on account oi the longtime
resident Of eminent counsel w. $.
hart, in the former, and ID. ID. Muir
ply in the latter. Tlis left no place
in the Thirteenth Judicial District
az which the case might be tried. An
application was then made, after dif =
ferent suggestions had been made, to
transfer the case 10 Charles City,
Floyd County, and he application
was granted accordingly.
On January 3, 1923, began what
has frequently been referred to as
the hardest fought legal battle with
in the state of Iowa IL was a
strenuous fight from beginning 10
end. On the side of the state APP
peared County Attorney J. A. Nell
son who had taken such a promin-
ent part in the former proceedings
and with him were associated +. A.
O'Connor and w. A. Smith, of Du-
buque. r. and F NJ. Linnell OF
Charles City, and L. r. Acres of De-
corah. For the defense appeared W.
s. Hart, Of Waukon, ID. d. Muir
phy of Elkader, f. w. Cutting OF
Decorah, w. NJ. Allen of Ossian and
J. c. Campbell of Charles City. The
presiding Judge was c. H. Kelley Of
Charles City who has been on the
bench for over a quarter of a CEN
tury. The jury consisted of IL far
mrs and ! blacksmith and no sooner
were the ~ juIors drawn to sit upon
the case than an order was made
that they be kept together, while the
defendant 3. r. Kneeskern retained
his freedom. The battle waged for
fully three weeks and while II was
a trial TO determine the guilt or
innocence of Castalia's cattle buyer,
B. r. Kneeskern in connection with
the killing of the two humble Van,
Brocklins, Charley and Irene his
wife, and even though it centered
about one of the most serious trage-
dies that has ever taken place, yet
during the entire trial one would
frequently hear both from the bench
and from the opposing attorneys Wit
and humor that the spectators VIII
always remember II was conceded
20 be the most sensational trial ever
had at Charles City and the daily
proceedings were accorded promin-
ent space in all the newspapers of
the middle west. The arguments
occupied the greater portion of three
days, w. s. Hart speaking for near
ly IL hours.
On Monday evening, Jan. p, the
case went to the jury and shortly af-
ter 10 o'clock on Tuesday morning
Jan. 23rd the defendant B. +. Knees
kern heard for the second time
jury verdict of guilty of murder in
the first degree, sentence life i'm
priSonment.
The customary motion will be made
for a new trial and the defendant
will be sentenced on the oath or
February, 1923.
The last trial at Charles City will
cost approximately $l5,O0000, the
former expenses in the case, includ-
ing the preliminary hearing, aggre-
gate Sl0,000.00. Yet every tax pay
er should feel that one of the fun
damental rights Of every man is a
fair and impartial trial and that a
mans liberty most not be dealt with
lightly, that the good name Of our
people and the county has been vim
dicated. The county attorney, j. a.
Nelson has fully recognized these
constitutional rights and in his work
during the progress Of this import
ant matter il has been very appar-
ent that at no time has he sought
70 take undue advantage Of any one
in connection with this matter. He
has worked conscientiously and long
hours and is receiving congratula-
tons not only locally but from all
over the state in recognition of the
very able and extraordinary services
rendered in connection with this
matter. II goes without saying that
because of his energetic and pains
taking work that he will take his
place among the leading members OF
the bar Of the state, While his re-
muneration has not increased because
Of his work the past l3 months, as
he received no extra compensation,
other than his salary as county at
torney, II has rather been "A loss, yet
he has had the personal satisfaction OF
knowing that he has done his duty
and done II well.
--II-
Japau's development along eleetri-
cal lines Is proceeding with grear
ppIdity,
n