Livengood-Telyea Murder Trial, Installment # 6

LIVENGOOD, TELLYEA, TELYEA

Posted By: Mary Durr (email)
Date: 3/25/2007 at 21:22:59

The DECORAH REPUBLIC
Decorah, Iowa, February 6, 1862

THE MURDER TRIAL

The district court convened at Elkader last week Monday for the trial of Livengood and Mrs. Tellyea. As Elkader lies off the route of communication with "the rest of mankind", we have been unable to keep posted on the subject. We are enabled to say, however, that Mrs. Tellyea was first put upon her trial. Whether any new testimony was found against her is more than we are prepared to say. The Jury in her case when it went out stood 9 for acquittal and 3 for conviction. In this state of the case, a talk was had of compromise, of bringing her in guilty of murder in the second degree. Wishing to know the law with respect to murder in the second degree, instead of sending to the Judge for information, they sent, by the Constable having them in charge, for a law book. The law book was handed to them, but the Judge getting wind of the movement, called the Jury into Court, reprimanded them severely and then discharged them. The Law with respect to juries is, if they want information on legal points, they must come into open court and have the law expounded in the presence of the counsel of both sides. This irregularity on the part of the Jury nullified the trial, and placed her in the legal position she occupied before the trial. She still stands liable to a trial, but it is thought if Livengood is convicted, the presecution (sic) of Mrs. T. will be abandoned, and perhaps if he is not convicted.

Livengood was put up his trial on Friday last, but the results we have no intelligence at the time we go to press. it is thought by those who have at Elkader that he will be convicted.