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The Leon Reporter Leon, Decatur County, Iowa December 15, 1910, Page 1 A LONG CREEK TOWNSHIP MURDER. Mrs. Levi Zornes Clubbed to Death Last Wednesday Night by Clarence Teale, who with his Brother Hugh Teale, and Tom and Ed Young, are in Jail, Charged with Murder in the First Degree by Coroner's Jury. ________________________ Once more there has been a blot put on the name of Decatur county and another murder added to the long list of crimes committed. Mrs. Levi Zornes, wife of a farmer living in Long Creek township, a mile and a half northwest of DeKalb, was brutally murdered last Wednesday night, and Clarence and Hugh Teale and Tom and Ed Young are confined in the Leon jail, charged with murder in the first degree. News of the terrible crime did not reach Leon until Thursday morning, and within a short time sheriff Andrew, county attorney, G. W. Baker, county attorney-elect E. H. Sharp and The Reporter man were on their way to the scene of the crime, making the trip in fast time in C. M. Keller's auto with Jim Ausman at the wheel, and Mr. Keller in charge of the car, and it took but a few minutes to cover the fifteen or sixteen miles, as the roads were in perfect condition. The crime was committed at the home of Levi Zornes, who lives on what is known as the old Steve Little farm, which is owned by Frank Greenland. Arriving at the house we lost no time in viewing the terrible scene and in talking with the several witnesses who were present at the time Mrs. Zornes was killed. We will tell the story just as it was told to us, and it represents the version of one side of the row which cost Mrs. Zornes her life, the parties who are accused of the crime, not having made any statement at all, acting on the advice of their attorneys. On Wednesday evening there (sic) were at the Zornes home, Mr. and Mrs. Zornes, their three sons, Henry, aged 18 years, William, aged 14, and Elva (sic, should be Elza), aged 12 years, which constituted the family with the exception of a sixteen year old daughter who was staying at the home of a cousin several miles away, helping them shuck corn. Two nephews of Mrs. Zornes, Tom and Henry Phillips, were also there, having been staying there for several days. Levi Zornes told us the story of the trouble as follows: "Roy Young came to my house on Wednesday evening just about dusk, and remained for supper. After supper we were all sitting around in the sitting room, talking and visiting. About 9:30 o'clock some one came outside the house and called me. When they did so Roy Young got up and grinned. My son Henry went to the door and Hugh Teale asked him why he did not invite him in. Henry told him to come in and he did so, and when he came in I asked him to take a chair, but he would not sit down. Then Clarence Teale came to the kitchen door and was cursing and wanted to know if his brother was there. Some one told him to go around to the east door, and he did so, and came in the house, followed by Tom young, and then Ed Young came in. "Clarence Teale went over to where Hugh was standing and grabbed him by the arm, and said he had a notion to whip him for running away from him, and Hugh told him he had better not try it. Then Clarence Teale wanted to bet 50 cents about something in regard that he could drink more beer than anyone, but I don't remember just what it was. Then Clarence Teale said to my wife that she had been telling that Jane Young was down there cooking for them, and applied a vile epithet to her. I opened the door and said, "Now boys, take the door." "Just then Tom Young struck me over the head with an iron bicycle pump, and broke it over my head, knocking me down. Then Henry Zornes jumped in and Tom Young struck him and knocked him down, and then knocked me down again with the same instrument. He struck Henry the second time, knocking him through the door into the kitchen and Ed Young ran from the other side of the room and picked up the shot gun which was standing in the corner of the room and drew it on Henry and swore he would shoot him. "Tom Young drove me and Henry through the door with a stick of stove wood, and when I got outside I went to pick up a rock or something to defend myself with and Hugh Teale pointed a revolver at me and said "If you pick up that rock I will shoot you." Henry and I started west down toward the woodpile to get a stick of wood, but could not get any. "Tom Young got an armful of stove wood and threw it at us until we go to the wire fence. Just then I saw Clarence Teale strike my wife with a board or club, out north of the house. I was probably twenty-five feet away from her. Then Teale came after me and Henry and swore he would kill us both, and just as I went to get over the fence, he struck me in the back with something and knocked me through the fence. "Then Henry and I went around the barn to the southwest corner of the yard and came in and went to the front of the house. I heard one of the men say "By God, we will go back and finish her." Henry and I went out where my wife was. She was kind of sitting up and said for us to help her to the house and put her to bed. We took hold of her and led her to the house and put her to bed. I asked her if I should send for a doctor and she said no, and I sent my boy to get a doctor. Dr. Tallman came about 11 o'clock and my wife died a short time after he came. The whole party, Roy Young, Ed Young, Tom Young, Hugh Teale and Clarence Teale remained out southwest of the barn until about fifteen minutes before the doctor came. I could hear them talking and swearing." We interviewed the three sons of Mr. Zornes, and also Tom Phillips and Henry Phillips, and they all told practically the same story as related by Mr. Zornes, with the exception that they told of what happened in the room where Mrs. Zornes was, and which Mr. Zornes could not see as he was knocked out in the kitchen. From their stories it seems that Mrs. Zornes was lying on a bed in a room just north of the sitting room where the trouble started. She had taken off her shoes and was lying across the foot of the bed. When Clarence Teale accused her of spreading the report that Jane Young was cooking for them, she denied it and said that Dick Pray had told it at their house, and Clarence Teale had cursed her and called her a very vile name. After Tom Young had broken the bicycle pump over the heads of Levi and Henry Zornes he threw it at Mrs. Zornes or struck her in the face, the witnesses differing in regard to whether he threw it at her or struck her with it, but anyway she was knocked down, falling between the two beds, and Tom Young then grabbed the stove hearth from the stove and threw it at her, striking her across the ankles as she was lying on the floor, and when we viewed the body of Mrs. Zornes, the ankles and limb were bruised and colored badly from this blow. About this time the men were fighting out through the kitchen and Mrs. Zornes called to the two small boys to come on and started out the east door and then ran a little northwest along a path leading to an outhouse. Clarence Teale had gone out the kitchen door and he ran north and overtook Mrs. Zornes about 80 feet from the door through which she ran out. She heard him coming and turned to face him when he struck her with a board or club, overhanded, using both hands, and she sank to the ground, the blow having cut a gash along the left side of her head about 3 3/4 inches long, and there were two great pools of blood on the frozen ground. The two small boys said they were but a few steps from their mother when Clarence Teale struck her, and the two Phillips men who had also ran from the house say they saw him strike the blow which knocked her down out in the yard, and then they ran out in the road in front of the house. Six persons say they saw Clarence Teale strike Mrs. Zornes over the head with a board or club, her husband and three boys and the Phillips men. Sheriff Andrew arrested Ed Young a short time after he arrived at the scene of the crime, finding him working at a threshing machine on a nearby farm. He deputized a couple of men to bring Ed Young to Leon and then struck out after Hugh Teale and Tom Young, who had left and could not be found. An information had been filed early that morning before Justice H. L. Brammer of Richland township and constable John Brown arrested Clarence Teale at the home of H. H. Young, the father of the Young boys, and took him before Justice Brammer, where he waived preliminary examination and was bound over to the grand jury without bonds, and constable Brown brought him to Leon and he was placed in jail. The telephone had been put to good use and about this time it was learned that Hugh Teale and Tom Young had been arrested at Kellerton and they were brought to Leon and placed in jail the same evening. There has been no information filed against Roy Young, as there seems to be no evidence that he took any part in the trouble except to try and act as a peacemaker and keep the others from fighting. While searching around the premises at the scene of the murder, there were several articles found which will figure in the case when it is tried. Near the wire fence a short distance from where Mrs. Zornes was struck down a heavy piece of wood about three feet long was picked up, which it is claimed is the instrument used by Clarence Teale when he struck the woman. It had been used as a kind of home made implement for replanting corn and in the hands of a man would make a dangerous weapon. Down near the barn where the men congregated for some time after the fight there was a man's cap, a pair of mittens and a heavy loaded billy found. On Friday Justice A. M. Pryor of Leon went out to hold an inquest, acting as coroner in the absence of coroner W. G. Jeffries who moved to Chicago some months ago. A coroner's jury consisting of P. F. Kopp, R. G. Layton and B. F. Smith were sworn and viewed the body of the dead woman, and then a post mortem examination was made by Drs. Layton and Eiker, of Leon, and Tallman, of Van Wert. They found that her death was caused by a blood clot, caused from a fracture of the skull. There were two fractures of the skull on the left frontal region extending several inches. No evidence was taken before the coroner's jury until Monday, the inquest being held at Judge Pryor's office in Leon, and the same evidence was used before the coroner's jury and at the preliminary examination of Hugh Teale. Ed and Tom Young both waving preliminary examination and were bound over to the grand jury by Justice Pryor without bond. The Young boys have as yet retained any attorneys, and the Teale boys have retained C. W. Hoffman and Marion Woodard to defend them. At the preliminary hearing only sufficient evidence was introduced by the state to show that the crime had been committed, and the defense put on no witnesses. The aim in holding a preliminary was to secure the release of Hugh Teale on bonds. After hearing the evidence and the arguments of the attorneys, Justice Pryor took the matter under advisement and will render his decision on Thursday. The coroner's jury returned the following verdict: State of Iowa, Decatur county, ss. An inquisition held in Long Creek township, in Decatur county, at the residence of Levi Zornes, in said county and state, on the ninth day of December, 1910, and continued from day to day until the 13th day of December, 1910, before A. M. Pryor, a justice of the peace, in and for said county aforesaid, acting as coroner of the said county, upon the body of Mrs. Bertha Zornes, there being and lying dead, by the jurors whose names hereto subscribed: The said jurors upon their oaths say, find and return, that she, the said Mrs. Bertha Zornes, came to her death in an untimely manner and through the use and effect of a blow upon the left side of her head, by some blunt instrument, in the hands of a person known as Clarence Teale, and that he, the said Clarence Teale, was assisted in said assault and killing by Thomas Young, Ed Young, and Hugh Teale, then and there being present at the time of said killing of the said Mrs. Bertha Zornes, and that said killing was feloniously done. In testimony whereof the said jurors have hereunto signed their names this 13th day of December, 1910. R. G. LAYTON, PHILLIP F. KOPP, B. F. SMITH. Clarence Teale, who is charged with striking the blow which killed Mrs. Zornes, is about 35 or 36 years old. For many years he resided at Kellerton, and was postmaster at that place. He is the eldest son of A. H. Teale, one of the most highly respected citizens of Kellerton, and has been married, but we understand is divorced from his wife. Last spring he moved on the farm known as the old Shaw farm near DeKalb, which is owned by his father, and has been keeping batch in a small house on the farm. His brother, Hugh, who is about 23 or 24, had only gone to the farm a short time previous. Hugh was quite well known in Leon, having worked for some months at the Ballow lumber yard in this city the past summer. It is rumored that the Teale boys and the Young boys had been drinking prior to going to the home of Zornes, but this is only hearsay. Neither of the Teale boys have ever been in any serious difficulty before, but Clarence is said to have been quite quarrelsome when under the influence of liquor. The two Young brothers under arrest are the sons of H. H. Young who lives a half mile south of the Zornes place. Ed Young was arrested some time ago for shooting a lad named Allen in a corn field at the home of Young's father. He made a confession showing that the killing was accidental and plead guilty to manslaughter and served a term in the penitentiary [Fort Madison], being released a couple of years ago, and has since lived on the farm. His brother Tom, who is younger, also resides at the home. Neither are married. There has been more or less trouble and ill feeling between the Youngs and the Zornes for several years, but there was never any trouble to speak of between the Zornes and the Teales. Mrs. Zornes, the woman who was murdered, was 38 years old, her maiden name being Bertha Hendrickson. She was the mother of four children, three boys and one girl, and had lived with her husband on the farm where she met her death for the past five years. Her funeral was held on Saturday, interment being in the Funktown [Oak Hill] cemetery, and a large concourse attended the services. Transcription by Sharon R. Becker, March of 2015 Decatur County Journal Leon, Decatur County, Iowa Thursday, December 15, 1910 TERRIBLE TRAGEDY ENACTED NEAR DEKALB A terrible tragedy in which Mrs. LEVI ZORNES met a violent death, adding one more to the list of Decatur County murders, occurred at the LEVI ZORNES home within a short distance of DeKalb about 9 o'clock Wednesday night of last week. Clarence Teale, it is alleged, is responsible for the death of Mrs. ZORNES. Clarence and Hugh Teale, Tom Young and Ed Young are under arrest and are confined in the Decatur County jail in this city. The tragedy was enacted at the home of the victim about one mile west and north of DeKalb and a quarter of a mile south of the West School house soon after a quarrel had been started. It seems that Roy Young, brother of Tom and Ed Young, had been a guest at the ZORNES home for the evening meal, having come to the house from a threshing machine, about a quarter of a mile away, where he had been at work. After they had finished supper, Mr. And Mrs. ZORNES, their sons, Henry, aged about eighteen years, Willie and Elzie, aged about twelve and fifteen years respectively, Tom and Henry Phillips, nephews of LEVI ZORNES, and Roy Young were seated about the room engaged in conversation when Hugh Teale , so it is said, called from the outside. Roy Young went out of the house and came back in a minute and said that those outside wanted LEVI ZORNES (commonly called LEE) and his son, Henry, to come out. They did not go and then a voice from the darkness called saying "it looks like you'd invite a fellow in." In a moment Hugh Teale came into the house, Clarence Teal, Tom and Ed Young followed him inside a moment or so later. From what the Phillips boys say the men had been in the room but a few minutes when Clarence Teale accused Mrs. ZORNES of making remarks concerning himself and brother and a woman of the neighborhood. Mrs. ZORNES it is claimed, said it was a lie. Tom Young at this point picked up an air pump used in inflating bicycle tires, and struck LEE and HENRY ZORNES with it knocking both down twice. The metal base of the pump was broken off by one of the blows. Young then threw the pump at Mrs. ZORNES, who had stepped into the door way leading from the bed room, where she stood facing him, the pump striking her in the face. LEVI and HENRY ZORNES made an effort to get a shot gun standing behind a door leading from the living room to the kitchen, but Ed Young got it first. LEVI and HENRY ZORNES got out of the house and were chased to the northwest corner of the barn where LEVI was struck by one of the men and knocked through the fence. Ed Young after coming from the house with the shot gun threw it into a cave at the southwest corner of the house. In the meantime Mrs. ZORNES with the two younger boys had hurried from the house. Tom Phillips makes the statement that Clarence Teale followed Mrs. ZORNES, who had escaped from the house by a door at the east end of the living room, a distance of about sixty feet from the house, where he struck her with a club, afterwards found to be a piece of seasoned wood used presumably upon a cultivator or other farming tool. Mrs. ZORNES fell, Mr. Phillips says, and Clarence Teale left her and went down near the barn where his brother and the Young boys were. They made further threats, the witnesses say, but finally wandered farther away from the house. Mr. ZORNES and his son hurried to the assistance of Mrs. ZORNES. Tom Phillips, who was in the northeast corner of the yard when Mrs. ZORNES was struck down, and the two younger boys who had joined him, followed them to the house and assisted in getting Mrs. ZORNES on the bed. Tom Phillips then ran to the Isaac West home, nearly a mile away, and telephoned to Van Wert for Dr. Tallman. Dr. Tallman started at once for the scene of the tragedy reaching there about 10:30 o'clock. Mrs. ZORNES was near death when the physician arrived and passed away in a short time. While Dr. Tallman was still at the ZORNES home the two Young boys, Tom and Ed, came back to the house and were ordered away by the physician. HENRY ZORNES and Henry Phillips had gone to the Jeff Blades home not far distant where they gave the alarm and soon afterwards a number of people arrived at the ZORNES place. Warrants were sworn out before Justice Henry Brammer for the arrest of Clarence Teale and Tom Young. John Brown, constable for Richland Township, arrested Clarence Teale at the home of Harrison Young, father of Tom and Ed Young, about 5 o'clock Thursday morning. The authorities at Leon had been notified as soon as possible and Sheriff Jesse Andrew started at once for the scene. County Attorney Geo. W. Baker, and Ed H. Sharp, who replaces Mr. Baker as County Attorney January 1st, also started for the ZORNES farm in the C.M. Keller automobile to make an investigation of the crime. Sheriff Andrew arrived there about 10:30 o clock and soon after arrested Ed Young at the threshing machine near the ZORNES place. Sheriff Andrew deputized Billy Kirkpatrick and sent the prisoner to Leon in his charge. The sheriff then began a search for Tom Young and Hugh Teale. By using the telephone he soon learned that they were at Kellerton. Charles Siple, the city marshal, of Kellerton, was ordered to place them under arrest. He at once placed them in custody and held them until the arrival of Sheriff Andrew, who took charge of the prisoners and brought them to Leon on the night train. Friday Doctors H.R. Layton and B.L. Eiker, of Leon, and Tallman, of Van Wert conducted an autopsy upon the remains of the dead woman, finding that death had resulted from the breaking of an artery as a result of the blow upon the head. Justice A.M. Pryor acting as coroner, empanelled a coroner's jury composed of Phil Kopp, R.G. Layton and B.F. Smith with Mr. Kopp as foreman. The jury began its work at the ZORNES place on Friday and adjourned to Leon where after hearing the testimony before the court of Justice Pryor in the preliminary hearing of Hugh Teale, returned the following verdict: State of Iowa, Decatur County. An inquisition held in Long Creek Township in Decatur County at the residence of LEVI ZORNES in said county and state on the ninth day of December, A.D. 1910, and continued from day to day until the 13th of December, 1910, before A.M. Pryor, a justice of the peace in and for said county acting as coroner of the said county upon the body of Mrs. BERTHA ZORNES there being and lying dead, by the jurors whose names are hereunto subscribed. The said jurors upon their oaths do say, find and return, that she, the said Mrs. BERTHA ZORNES, came to her death in an untimely manner and that the killing was feloniously done. In testimony whereof the said jurors have hereunto signed their names this 13th day of December, A.D. 1910. -- R.G. Layton, Phillip F. Kopp, B.F. Smith. Clarence Teale, who had been taken before Justice Brammer, waived the preliminary examination and was sent to jail without bond. Ed and Tom Young waived the preliminary hearing before Justice Pryor, while Hugh Teale went into the justice court for hearing. The preliminary hearing of Hugh Teale started Monday and continued until Tuesday. A number of witnesses were examined and much testimony brought out. At the conclusion of the preliminary hearing Justice Pryor announced that he would render his decision at 10 o'clock on the morning of Thursday, December 15th. Ed Young, one of the men under arrest, has served a part of a penitentiary sentence given him for the killing of Harry Allen in the same neighborhood some years ago. From the notes taken of the inquest it is found that the report of the Autopsy made by the physicians above named found the dead woman to be about 38 years of age, and measuring 5 feet and seven inches in height and weighing probably 140 pounds. The hair was dark brown, also the eyes. It was found that a gash, the result of the blow measuring 3 3/4 inches was on the left side of the skull, also a reddened and bruised condition of both the upper and lower lids of the left eye. Ecchymosis was present beginning at the base of the skull and extending downward over the back to the middle of the left thigh and to the middle of the right leg. No recent marks of violence was discovered on the arms, hands, chest, abdomen, thighs, left leg or foot. The right leg showed a bruised condition between the knee and ankle. Upon removing the sutures from the gash on the head the wound gaped open and showed a clean cut through the scalp. The scalp was then reflected backward and forward exposing the entire top of the skull and revealing a bruised condition of the muscles and tissue in the region of the temple. Examination revealed a fracture beginning at the internal angle of the left eye, near the nose and extending upwards and backwards for six inches. Another fracture beginning near the outer angle of the left eye and extending upwards and backwards for a distance of 4 1/2 inches was also found. Also a fracture one inch long connecting the fractures. The funeral of Mrs. ZORNES was held Saturday, interment being made in the Funktown Cemetery. Copied by Nancee(McMurtrey)Seifert November 18, 2009 The Leon Record Leon, Decatur County, Iowa Thursday, February 09, 1911, Page 1 ROY YOUNG INDICTED Grand Jury Returns Fifth Indictment in Zornes Murder Case. Three More Indictments Returned. ____________________ District court adjourned for the term last Friday at noon. The grand jury completed their work on Thursday, returning four additional indictments, making eight indictments at this term of court. One of the indictments was against Roy Young, a brother of Tom and Ed Young, who had previously been indicted with Clarence and Hugh Teale for murder in the first degree, for the killing of Mrs. Lee Zornes, the indictment also charging Roy Young with murder in the first degree. He was placed under arrest at once and when brought into court asked that C. W. Hoffman be appointed to defend him, and the court so ordered. His attorney at once filed a motion to set aside the indictment on the ground that the jury at this term of court was not properly empanelled, but the motion was overruled by Judge Maxwell. Bail was refused in his case as the other defendants in this case. In passing on the motion to admit the defendants to bail the court stated that some of the defendants might be entitled to bail, but he was not absolutely certain in his own mind in regard to the matter and as it was only short time until the March term of court he would refuse the application at this time. The defendants in this case will all demand separate trials and the matter of admitting any of them to bail will come up at the March term of court. Charles Dingman and Emma Vanbeek, of Davis City, were indicted on the charge of adultery. They were arrested and are in jail in default of $500 bonds. The prosecuting witness in this case is the wife of Mr. Dingman. One other indictment was returned but as the party has not yet been placed under arrest, it is not made public. In the indictments of Clarence and Hugh Teale, Tom and Ed Young, indicted for the murder of Mrs. Lee Zornes, counsel filed their motion that the defendants be admitted to bail, but the court overruled the motion. Judge Maxwell also overruled a motion to set aside the indictments and the defendants wavied arraignment and have until the first day of the next term of court to plead. Transcription by Sharon R. Becker, March of 2015. The Leon Record Leon, Decatur County, Iowa Thursday, February 23, 1911, Page 1 COURT IS IN SESSION The Trial of Clarence Teale for the Murder of Mrs. Lee Zornes was Commenced this Morning. ____________________ District court convened Monday evening at 5 o'clock upon the arrival of Judge Maxwell from Creston. The grand jury was immediately empanelled . . . . Monday evening two criminal cases were disposed of. Miss Emma Van Beek, of Davis City, entered a plea of guilty of adultery and was sentenced to one day in the county jail and to pay a fine of $50, which was paid at once and she was released from custody. Charles Dingman who was arrested with her on the same indictment also plead guilty and was sentenced to serve one year in the county jail at hard labor. Both of these parties have been in jail for some weeks. In the case of State vs. Clarence Teale, indicted for murder in the first degree for the killing of Mrs. Lee Zornes in Long Creek township on December 8, 1910, was commenced Wednesday forenoon and Judge Maxwell ordered a special venire of forty-eight jurors and from these and the regular panel it is thought a jury can be secured. The following is a list of the special venire: |
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The work of securing a jury is progressing slowly and it will probably
take a day to secure a jury as many of the jurors called have formed or
expressed an opinion or are objected to by either the state of defense.
The case will be a hard fought one, the prosecution being conducted by
county attorney E. H. Sharp, assisted by V. R. McGinnis, A. P. Olsen and
J. S. Parrish, and the attorneys for the defendant are C. W. Hoffman and
Marion Woodard. A very large crowd is in attendance at the trial, the
court room being crowded. Transcription by Sharon R. Becker, March of 2015. The Leon Record Leon, Decatur County, Iowa Thursday, March 30, 1911, Page 1 THE TEALE TRIAL ON Tom Young Swears it was Him, not Clarence Teale who Struck Mrs. Zornes with a Board. ____________________ The trial of Charles Teale, accused of the murder of Mrs. Levi Zorens by striking her over the head with a club at her home in Long Creek township on the night of Dec. 7, 1910, was commenced last Wednesday morning, the entire day being consumed in securing a jury of twelve men to try the case, and it required a large number of special jurors, the regular panel of 24, and the special venire of 48 being exhausted and an additional list of 25 and another of 10 talismen were drawn before the jury was secured. Of course on each venire there were some names who were excused on account of sickness while others had left the country, but in all 61 jurors were examined. Both the state and the defense used the entire twelve peremptory challenges allowed under the law. The work of selecting the jury was not completed until 7 o'clock Wednesday evening. The following is the jury selected: I. B. Potter, farmer, Long Creek; P. M. Parsons, farmer, High Point; Bud Clark, farmer Hamilton; Oliver Bright, farmer, Morgan; Geo. W. LaFollette, retired, Leon; W. W. Lemmax, engineer, Leon; Irvin Green, printer, Lamoni; Frank Osborn, farmer, Burrell; J. B. Bunch, farmer, Center; J. A. Toney, farmer, Bloomington; Wm. Filical, pump dealer, Leon; J. B. Alexander, clerk, Leon. The jury is not allowed to separate during the trial with the exception of Mr. LaFollette, Mr. Filical and Mr. Bunch, who were given special permission to go to their homes and remain over night. The attorneys for the state were county attorney E. H. Sharp, A. P. Olsen and V. R. McGinnis, while the defendant retained C. W. Hoffman and Marion Woodard. |
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The courtroom has been packed at each session of court, every seat being
occupied and many standing and about one-half of the audiences have been
ladies. On Thursday morning when court convened at 9 o'clock, Judge Maxwell proceeded with the case at once, the opening statements being made for the state by county attorney Sharp and for the defense by C. W. Hoffman, who outlined in a brief manner what they would expect to prove during the trial, the state claiming that Mrs. Zornes died from the effect of a blow on the head struck by Clarence Teale, while the defense claimed that they would be able to show that Clarence Teale did not strike Mrs. Zornes with a club or anything else during the fight which occurred at the Zornes home. The trial has attracted wide attention and is the sole topic of conversation on the streets. The attorneys on both sides have been fighting a hard battle, contesting every inch of the ground, and they have put in a strenuous week. Each day the attendance of the trial seemed to increase until during the last few days there was not a foot of standing room left in the court room. The sensation of the trial was the testimony of Tom Young, who was indicted jointly with his three brothers and the two Teale boys for the murder of Mrs. Zornes. He went on the stand Tuesday morning and in reply to the questions of the attorneys for Teale told the story of the killing, in which he said it was him that struck Mrs. Zornes out in the yard and not Clarence Teale. A synopsis of the testimony, is printed on three pages of this issue, commencing on page two, and it tells the story practically as told by Tom Young on the witness stand. Tom Young was followed by defendant, Clarence Teale, who is on trial, and he denied that he struck Mrs. Zornes in any manner. The arguments were commenced in the case on Tuesday evening about 4:30, the opening argument being made for the state by county attorney E. H. Sharp, who did not finish Tuesday evening and resumed his argument and was still talking to the jury at the time this article was written (Wednesday forenoon). He will be followed by Marion Woodard for the defense and then C. W. Hoffman will make the closing argument for the defense, and V. R. McGinnis will close with the final argument for the prosecution. At this time the attorneys think the case will be submitted to the jury late this evening, but it may be that the argument will not be finished before Thursday morning. "The Evidence in the Teale Case",The Leon Reporter, Thursday, March 30, 1911, Pp. 2, 3 & 5 Transcription by Sharon R. Becker, March of 2015. The Leon Record Leon, Decatur County, Iowa Thursday, April 06, 1911, Page 1 MURDER IN 2D DEGREE Is the Verdict in the Clarence Teale Case, Motion for a New Trial Filed but not Passed on yet. ____________________ The jury in the case of Clarence Teale, charged with the murder of Mrs. Bertha Zornes at her home in Long Creek township, on the night of Dec. 7, 1910, returned a verdict of guilty of murder in the second degree at 9 o'clock last Thursday evening, having been out since 12:30 that day. Word was quickly circulated that the jury had agreed on a verdict and when the jury came into the court the court room was packed, as it had been all through the trial. When the verdict was read the defendant did not lose his composure, evidently having been prepared for the worst. His attorneys at once gave notice that they would file a motion to set aside the verdict and for a new trial and Judge Maxwell gave them until Monday to file the motion. The motion, as filed, together with the instructions of the court to the jury, are published on page six of this issue. At the time The Reporter went to press last Wednesday, the attorneys were engaged in making the arguments in the Teale case. The first argument was made by county attorney E. H. Sharp, who presented a review of the evidence in a clear and concise manner. He was followed by Marion Woodard for the defense, who presented the defendant's view of the evidence and was followed by C. W. Hoffman, of the defense, who made a masterful plea for the defendant, covering all of the evidence, and the law, and it was the effort of his life. The arguments closed with the plea of V. R. McGinnis for the state, and he made one of the most eloquent and convincing arguments ever heard in the courts of Decatur county. Mr. McGinnis was at his best, and throughout his argument the court room was packed by an audience who wanted to hear every word he said. Judge Maxwell adjourned court Friday afternoon until Monday and went to his home at Creston, but by agreement a second adjournment was taken until Wednesday morning on account of the illness of Judge Maxwell. When court convened this morning . . .After the verdict of the jury in the Clarence Teale case, the attorneys for Hugh Teale, Ed and Roy Young asked that they be admitted to bonds, and Judge Maxwell granted the request, fixing the bond of Hugh Teale at $5,000, which was given Friday with A. H. Teale, H. L. Teale, J. A. Jackson, T. C. Gorsuch, Perry Scott, J. A. Woollums, I. N. Cox and Fred Teale as sureties, and he was released from jail and went to his home in Kellerton the same evening. The bonds of Ed and Roy Young were fixed at $2,500 each, and they were give Tuesday with W. A. Ramsey and Walter Briner as sureties, and both were released from jail and went to their home near DeKalb the same afternoon. No effort was made to secure a bond for Tom young, and he will remain in jail until his case comes on for trial at the August term of court. There was much speculation as to what the jury in the Clarence Teale case would do, in view of the confession of Tom Young that he was the one who struck Mrs. Zornes outside the house, the fear being expressed that a hung jury might result. But the jury as well as the general public evidently took little stock in the story of Tom Young. It is said that on the first ballot the jury were about equally divided on the question of returning a verdict of first or second degree murder, there being no doubt in the minds of the jury, however, of the defendant's guilt. The jury agreed among themselves to keep their proceedings secret, but it is reported that six or seven ballots were taken before the verdict was agreed upon, and the verdict was in the nature of a compromise on the degree. The trial has attracted the greatest attention and interest of any case tried in Decatur county for many years, and the verdict of the jury seems to meet with popular approval. "Post Verdict & Defense Motion, Teale Case",The Leon Reporter, Thursday, April 06, 1911, p. 6 Transcription by Sharon R. Becker, March of 2015. The Leon Record Leon, Decatur County, Iowa Thursday, April 06, 1911, Page 1 DREW TWENTY YEARS Clarence Teale Sentenced to Twenty Years in the Penitentiary for the Murder of Mrs. Zornes. ____________________ Twenty years in the penitentiary is the sentence imposed upon Clarence Teal, who was convicted of the murder in the second degree for the killing of Mrs. Bertha Zornes in Long Creek township on the night of Dec. 7, 1910. Sentence was passed by Judge Maxwell last Friday morning, after the court had ruled on the defendant's motion for a new trial, refusing to grant it. The motion was presented and argued at some length by C. W. Hoffman, and in passing on the motion Judge Maxwell said he was satisfied that there were no grounds for granting a new trial. In passing sentence Judge Maxwell said, "Mr. Teale, you have been properly indicted, tried and convicted of the crime of murder in the second degree. have you or your counsel anything to say why the judgment and sentence of the could should not now be pronounced against you?" The defendant arose and said: "I am absolutely innocent. I never harmed this woman in any manner, shape, of form. My conscience is clear." Judge Maxwell then said: "This case has disclosed a very peculiar state of circumstances, and if I could wish it away from myself, I would gladly escape the responsibility imposed upon me as presiding judge to pass sentence upon you. But it is my duty, as the law now stands, to determine the penalty in this case. Our present law providing for indeterminate sentence in this case, not to exceed the maximum penalty imposed by law, it is my duty to fix the penalty itself. "The state in this case presented an array of evidence that would seem, if human evidence can be relied upon at all, to fully justify the verdict. In fact, the jury have mercifully failed to accept the state's evidence at its full face value, so to speak, because, it had been accepted without discount, the verdict must have been murder in the first degree. The jury have rendered their verdict of guilty of murder in the second degree, and it seems to me, that in as much as the jury have mercifully receded from murder in the first degree, that they were justified and did well in so doing. Whatever may have been the intent of these men in assembling at that house, I do not think that any one supposed that before they went there, or after the difficulty started, that any one had the specific intent or purpose to kill anybody as a premeditated idea. Whatever intention arose doubtless arose shortly prior to the striking of the fatal blow, whoever may have struck it. The jury have determined that this defendant was the person guilty of the murder of Mrs. Zornes, and with that conclusion the court has nothing to do. The evidence would certainly warrant the conclusion reached by the jury. In regard to the question that is brought into the case as between these two defendants, it is not for the court to say what the truth is. Five or six several witnesses testified absolutely to the identity of this defendant as being the person who struck the blow. One of the defendants has testified that he struck the blow. Under the circumstances, it was a question that the jury must determine, and they have determined it, and I feel that the jury were fully warranted in returning the verdict that they have now returned. "It now becomes the duty of the court to determine the penalty. Under our law, where there is a conviction of the crime of murder in the second degree, the minimum penalty is ten years, and the maximum penalty is imprisonment for life in the state penitentiary at Fort Madison. I do not feel that this is a case where I would be justified in giving the defendant the minimum punishment. I must endeavor to fix upon a penalty that would be in keeping with the verdict of the jury, and in justice to both the state and the defendant. "It is therefore the order and judgment of this court that the defendant be committed to the state penitentiary at Fort Madison, at hard labor, for the term of twenty years, and pay the costs in this action, and that his appeal bond be fixed at the sum of ten thousand dollars." Judge Maxwell ordered sheriff Andrew to hold Clarence Teale until Tuesday evening to give him a chance to file a bond. The bond had not been filed up to the time The Reporter went to press on Wednesday, but it is claimed that the bond has been signed by parties living in Ringgold county, and will be filed today. If the bond is not filed today sheriff Andrew will take the defendant to Ft. Madison tonight. Judge Maxwell before adjourning court fixed the bond of Tom Young at $5,000, but he has yet been unable to give bond and is still in jail. Court adjourned for the term on Friday afternoon. An Interesting Observation: Two columns over from the above article appeared another article telling of the appearance of Cole Younger, former member of the James-Younger gang, who was at the Leon Opera House to present his well-attended lecture entitled "What My Past Life Has Taught Me." The Leon Record Leon, Decatur County, Iowa Thursday, April 06, 1911, Page 1 Clarence Teale Gives Bond. ____________________ Late last Wednesday evening Clarence Teale, who was convicted of murder in the second degree at the recent term of court in this city and sentenced to imprisonment for twenty years, filed a bond for $10,000, which was signed by a number of residents of Kellerton, and was released from jail and returned to his home at Kellerton Thursday morning. He will be at liberty pending the appeal of his case to the supreme court. The Leon Record Leon, Decatur County, Iowa Thursday, August 24, 1911, Page 1 IN THE DISTRICT COURT ____________________ Court Convened Monday Evening. Young and Teal Cases Continued. ____________________ The August term of the district court convened Monday evening on the arrival of Judge Evans and reporter Wright from Corydon. . . . Court will probably adjourn today until Monday, Sept. 4th, and there will probably be no jury cases tried this term. In the murder case against Tom Young, Ed Young, Roy Young and Hugh Teale, the defendants demand separate trials, and the state elected to try Tom Young first. It was expected the defendant would file a motion for a change of venue, but by agreement the cases were continued until the next term of court, the defendants waiving all right to a change of venue, until in case of a second trial of the cases. The Leon Record Leon, Decatur County, Iowa Thursday, November 02, 1911, Page 1 COURT NEXT MONDAY ____________________ Tom Young to be Tried for Murder, Seventy-five Special Jurors Being Summoned for the Case. ____________________ District court will convene in this city on next Monday for a two weeks term, with Judge T. L. Maxell presiding, and it promises to be a very busy term. A good part of the term will be occupied in the trial of criminal cases, the first to come to trial being that of State vs. Tom young, indicted for the murder of Mrs. Bertha Zornes near DeKalb, on the 7th day of last December and Hugh Teale and Ed Young are also under indictment as accessories of the crime. Clarence Teal was convicted of murder in the second degree for this crime at the March term of court, and was sentenced to a term of twenty years in the penitentiary. He appealed to the supreme court and the case is still pending. Owing to the prominence of the case and the fact that one of the defendants has already been tried and convicted and that the other defendants at the August term of court waived all right to apply for a change of venue, Judge Maxwell ordered a special venire of seventy-five trial jurors in addition to the regular panel of twenty-four, as it will be pretty hard to secure a jury. The following are the members of the special venire: |
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The Leon Record Leon, Decatur County, Iowa Thursday, November 09, 1911, Page 1 COURT IS IN SESSION ____________________ Trial of Tom Young Commences Today and Will Occupy a Week. ____________________ District court convened Monday evening upon the arrival of Judge Maxwell from Creston, and the term of two weeks promises to be a very busy one. . . . The trial of Tom Young, one of the parties indicted for the murder of Mrs. Bertha Zornes near DeKalb, on the 7th of last December, will be commenced this (Wednesday) morning, and it is expected that considerable difficulty will be encountered in securing a jury on account of the trial of Clarence Teale on the same charge last March. In addition to the regular panel of twenty-four trial jurors a special venire of seventy-five jurors were summoned for this case, but it is doubtful if a jury is secured even from this number. The Leon Record Leon, Decatur County, Iowa Thursday, November 16, 1911, Page 1 JUDGE MAXWELL SICK ____________________ Court Adjourned Until Monday Nov. 27th When Trial of Tom Young will Again be Taken Up. ____________________ Court adjourned for the second time Tuesday morning on account of the illness of Judge Maxwell, until Monday, November 27th, when the trial of Tom Young, charged with the murder of Mrs. Bertha Zornes, near DeKalb, last December, will be again taken up. When The Reporter went to press last Wednesday the work of selecting a jury in the Young case was in progress, a special venire of 75 jurors having been summoned in addition to the regular panel of 24. On Thursday morning it looked as if it would be impossible to secure a jury from the regular panel and Judge Maxwell ordered a special venire of 30 jurors summoned to appear at noon on Thursday. After the special venire was drawn eleven jurors were secured and by agreement of the prosecution and defense it was agreed to try the case to a jury of eleven members, and the following were sworn in as the jury after noon on Thursday: J. P. Wolf, Garden Grove; George Gilchrist, Burrell; C. L. Akes, Center; T. W. Daniels, Burrell; W. C. Beavers, Woodland; J. N. Bethards, Woodland; R. R. Havens, Decatur; F. E. Hammer, Fayette; A. J. Fulton, Eden; C. C. Bright, Morgan; Otis Peters, Bloomington. A rather peculiar coincidence in the selection of the jury is that of the regular and special venire 99 jurors, 66 reported for duty, and from this number 11 jurors were selected. Judge Maxwell had not been feeling well for several days and after the jury was sworn in he felt he was not able to proceed with hearing the case and court was adjourned until Monday at 1:30 o'clock, Judge Maxwell returning to his home at Creston. He returned to Leon Monday and the trial of the case was commenced at once, although Judge Maxwell was quite sick. The attorneys made their statements to the jury and three or four witnesses were examined Monday afternoon. Tuesday morning Judge Maxwell was so sick that it was necessary to call a physician to see him and the physician positively forbade him getting out of bed, so it was impossible to proceed with the trial and by agreement of the attorneys court was postponed until Monday, November 27th, when the case will again be taken up. Judge Maxwell was feeling some better Wednesday and was able to return to his home at Creston. The Leon Record Leon, Decatur County, Iowa Thursday, November 30, 1911, Page 1 THE TOM YOUNG TRIALS ____________________ Was Resumed on Monday Afternoon Probably Will Occupy the Balance of the Week. ____________________ The trial of Tom Young, accused of the murder of Mrs. Bertha Zornes, at her home near DeKalb, on the night of December 7, 1910, which was interrupted a week ago Monday by the illness of Judge Maxwell, was resumed Monday afternoon, and has been grinding away ever since. The trial of the case is not attracting the attention which the trial of Clarence Teale, the first of the five defendants indicted, did at the March term of court, there being but few spectators in the court room aside from the numerous witnesses in the case. There have been no new developments in the case, the testimony being practically the same as that introduced in the Teale trial, and which was published in full at the time of the trial in The Reporter, and it is not necessary for us to reprint the same testimony. The testimony of the state was closed Tuesday afternoon and the hearing of the testimony on the part of the defendant was commenced the same evening. It will take until some time Thursday afternoon or Friday morning to complete the testimony, so that the trial can not be expected to be finished before the last of the week. Court will hold right through on Thanksgiving, with the exception that a couple of extra hours will be granted at the noon hour, and many of the witnesses as well as the jurors will miss their accustomed Thanksgiving dinner at home this year. The Leon Record Leon, Decatur County, Iowa Thursday, December 07, 1911, Page 1 THE TOM YOUNG CASE ____________________ The Jury Returned a Verdict of Manslaughter. Sentence of 8 Years. Will be Appealed. ____________________ The jury in the case of Tom Young, the second of the defendants tried for the murder of Mrs. Bertha Young, at her home near DeKalb on the night of December 8, 1910, returned a verdict of guilty of manslaughter Saturday morning at 8:30 o'clock, the case having been given to the jury Friday evening at 6:30 o'clock. The case which was commenced on Wednesday, November 8th, and court was adjourned on the following day after the jury was selected, the state and defense agreeing to try the case to a jury of eleven men, until the following Monday. Then on Monday Judge Maxwell was taken ill and court was adjourned until Monday of last week when the case was taken up for the third time. The evidence in the case was practically the same as that given at the trial of Clarence Teale who was convicted of murder in the second degree and sentenced to twenty years. The defendant, Tom Young, took the stand and swore as he did in the trial of Clarence Teale, that he was the person who struck Mrs. Zornes with a board and killed her, and there was some corroborative evidence to support his testimony at the trial this time. From the verdict of the jury they evidently accepted his story, and took the view that he struck her harder than he intended to. The attorneys for Tom Young made a motion for a new trial which was overruled by Judge Maxwell, and sentence was pronounced by Judge Maxwell before court adjourned on Saturday, the sentence being an indeterminate one of not to exceed 8 years in the Anamosa reformatory. The appeal bond was fixed at $4,000 which the defendant gave and was released from custody, and his attorneys will take the case to the supreme court in the hope of securing a new trial. The Leon Record Leon, Decatur County, Iowa Thursday, January 18, 1912, Page 1 COURT IS IN SESSION ____________________ Judge Evans Ordered a Special Venire of 100 Jurors for the Hugh Teale Trial Next Monday. ____________________ District court could not convene on schedule time Monday afternoon on account of Judge Evans failing to reach Leon, being held by the railroad being blockaded [heavy snow fall]. He arrived Tuesday noon and court was called at 1:30. E. J. Swope is acting as court bailiff at this term of court. The first criminal case set for trial is that of State vs. Hugh Teale, who was indicted with his brother Clarence and the Young brothers for the murder of Mrs. Bertha Zornes, near DeKalb, a year ago last December. Owing to the fact that two of the defendants have already been tried in this county, and great publicity given the case, the selection of a jury will be a hard problem and Judge Evans issued an order that a special venire of 100 jurors be drawn the list being as follows: |
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The court will probably be in session the full three weeks of the
term. The following cases have been disposed of: Criminal. State vs. Roy Young, continued on motion of defendant. The Leon Record Leon, Decatur County, Iowa Thursday, January 25, 1912, Page 1 COURT IS IN SESSION ____________________ Jury Secure and Trial of Hugh Teale Commenced on Tuesday. ____________________ The district court is right in the midst of the trial of the case of the State vs. Hugh Teale, at the time The Reporter went to press Wednesday evening, the work of selecting the jury having been accomplished in half a day when it was expected it would take two or three days. In anticipation of having trouble in securing the jury, and that some of the regular and special venires had been excused, Judge Evans on Monday evening ordered another special venire of thirty jurors drawn, the following being the names: |
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The active work of selecting a jury in the Teale case was
commenced Tuesday forenoon and the jury was secured by 3 o'clock the
same afternoon, the following being the members: Homer Moorman, C.
Wilson, S. P. Spence, H. C. Culver, Lloyd Moore, D. H. Hansen, O. d.
Lysinger, Guy Garner, J. A. Geeting, Charles Weable, M. S. Hullinger and
A. M. Dockstader. 59 jurors were examined in securing the twelve to try
the case. The opening statements were made Tuesday afternoon and the talking of testimony commenced Wednesday morning. The state is represented by county attorney E. H. Sharp, J. S. Parrish and C. W. Steele, the latter of Corydon. A. P. Olsen, who had assisted in the prosecution of the two former cases against Clarence Teale and Tom Young, is sick and was unable to be in court, so Mr. Steele was secured to take his place. The attorneys for the defense are C. W. Hoffman, Marion Woodard and J. W. Harvey. It is not thought the testimony will occupy as much time as the former trials and the case will probably go to the jury the last of the week or the first of next week. The Leon Record Leon, Decatur County, Iowa Thursday, February 01, 1912, Page 1 COURT STILL IN SESSION ____________________ The Trial of Hugh Teale Case is Still in Progress and will go to the Jury Thursday Evening. ____________________ The entire past week has been occupied in the trial of the case of State vs. Hugh Teale. The last of the evidence was submitted just before noon on Wednesday, and the arguments in the case were commenced when court convened after dinner Wednesday, the opening argument being made by county attorney E. H. Sharp. He will be followed by Marion Woodard and C. W. Hoffman, the attorneys for the defendant, and the closing argument will be made by C. W. Steele, one of the attorneys for the state. At the time The Reporter went to press on Wednesday afternoon, it looks as if the case would go to the jury some time Thursday afternoon or evening. During the trial practically the same evidence has been used as that used in the two previous cases. The Leon Record Leon, Decatur County, Iowa Thursday, February 08, 1912, Page 1 HUGH TEALE IS GUILTY ____________________ Of Manslaughter Was the Verdict of the Jury. Motion for New Trial to be Argued Friday. ____________________ The case of State vs. Hugh Teale, which had been on trial in the district court for almost two weeks, came to a close last Friday morning when the jury returned a verdict of guilty of manslaughter, which carries with it an indeterminate sentence of eight years. This case was hotly contested by both the state's attorneys and the attorneys for the defendant, going to the jury on Thursday evening at 6:30 o'clock. The jury returned a verdict of guilty of manslaughter on Friday morning at 9:20 o'clock. The attorneys for the defendant immediately asked for time in which to file a motion to set aside the verdict and for a new trial and Judge Evans granted them until Tuesday to file their motion, the state to have until Friday to file their resistance, and then Judge Evans will return to Leon to pass on the motion and if he overrules it will pass sentence on the defendant. The motion for the new trial which was filed on Tuesday alleges that the court erred in its rulings on admitting testimony and in giving instructions to the jury. They also filed affidavits of several of the jurors that they found in their deliberations that Hugh Teale had no revolver the night that Mrs. Zornes was killed or did not throw sticks of stove wood or used a club. When the jury went out the first ballot is reported to have been 7 for conviction and 5 for acquittal. Transcription by Sharon R. Becker, March of 2015. Decatur County Journal Leon, Decatur County, Iowa Thursday, February 08, 1912 COURT HAS ADJOURNED The jury in the case of HUGH TEALE indicted with CLARENCE TEALE, ED and TOM YOUNG in connection with the murder of Mrs. BERTHA ZORNES, returned a verdict at 9:30 a.m. Last Friday finding the defendant guilty of manslaughter. The trial had been in progress since January 23, the last argument being completed on the evening of February 1st, the jury retiring at 6:30 o'clock for deliberating. The jury remained but all night, returned the verdict as above stated Friday morning. The defense gave notice that they would file motion for a new trial. Copied by Nancee(McMurtrey)Seifert December 23, 2009 The Leon Record Leon, Decatur County, Iowa Thursday, February 15, 1912, Page 1 HUGH TEALE SENTENCED ____________________ Judge Evans Overruled Motion for a New Trial and Passed Sentence on Wednesday Morning. ____________________ Judge Evans, who has been holding court at Mt. Ayr for the past two weeks returned to Leon Tuesday evening and opened court yesterday morning at 9 o'clock, to hear the motion for a new trial in the case against Hugh Teale, which was tried at the recent term of court in this city, the defendant being convicted of manslaughter, in the case against Hugh Teale, which was tried at the recent term of court in this city, the defendant being convicted of manslaughter, in the case resulting in the death of Mrs. Lee Zornes a year ago last December. After hearing the affidavits of jurors and others, and the arguments of the attorneys, Judge Evans overruled the motion for a new trial and passed sentence on the defendant at 11 o'clock, the sentence being fixed by law at confinement at the state reformatory at Anamosa for an indeterminate period, not exceeding eight years. The court also ordered the defendant to pay a fine of $1.00 and the costs of the case. A notice of appeal to the supreme court was at once filed by the defendant's attorneys, and the appeal bond was fixed at $3,000. The defendant has arranged for the appeal bond and will be at liberty under the bond, pending the final decision of the supreme court in the case. More Tragedy For The Zornes', George Washington SMITH Suicide, February 7, 1912. The Leon Record Leon, Decatur County, Iowa Thursday, March 21, 1912, Page 1 COURT IS IN SESSION ____________________ Judge Maxwell Opened Court Monday and the Term will Continue for Four Long Weeks. ____________________ District court convened Monday evening upon the arrival of Judge Maxwell from his home in Creston and court will be in session for four weeks . . . . Judge Maxwell on Tuesday ordered that a special venire of one hundred jurors be drawn to appear on Monday, March 26th when the trial of the case of State vs. Ed Young is expected to be commenced. The defendant is the fourth defendant to be placed on trial for the murder of Mrs. Bertha Zornes, near DeKalb, on December 8, 1910. Transcription by Sharon R. Becker, March of 2015. The Leon Record Leon, Decatur County, Iowa Thursday, April 04, 1912, Page 1 IN THE DISTRICT COURT ____________________ Young Murder Cases Disposed of. Ed Gets a Year at Anamosa and Case Against Roy Dismissed. ____________________ District court will probably adjourn for the term today. . . . Two cases which will save the taxpayers of Decatur county several thousand dollars were disposed of on Friday, when Ed Young who was indicted with Clarence and Hugh Teale, and Tom and Roy Young, for the murder of Mrs. Bertha Zornes, near DeKalb, a year ago last December, withdrew his plea of not guilty of assault with intent to commit great bodily injury, and by agreement the case against his brother, Roy Young, was dismissed on motion of the county attorney. Judge Maxwell sentenced Ed Young to a term not to exceed one year in the reformatory at Anamosa, and he was taken to that place by sheriff Andrew Friday night. The plea of guilty filed by Ed Young and the motion of the county attorney to dismiss the case against Roy Young, were as follows: Ed Young, defendant." In accordance with the agreement in the plea of Ed Young, county attorney Sharp then filed a motion to dismiss the case against Roy Young, said motion being as follows: "Comes now Ed. H. Sharp, county attorney, and moves the court to dismiss the above cause, and for grounds thereof states: That after a full and fair examination and investigation of the evidence he feels that he has not sufficient testimony to justify him in putting the county to the expense of a trial, and believes that under the testimony he would not be warranted in submitting the same to a jury. He therefore recommends the court to dismiss said cause. Ed H. Sharp County Attorney." In accepting the plea of Ed Young and passing sentence, Judge Maxwell made the following remarks: The Court: "In the case of the State of Iowa vs. Ed Young, and the case of the State of Iowa vs. Roy Young, although under different indictments, by consent of the court and the county attorney, these cases have been disposed of. The defendant, Ed Young, has withdrawn his plea of not guilty to the charge of murder, and has filed his written plea of guilty of the crime of assault with intent to commit great bodily injury, and waives time and is now ready for judgment and sentence. "I will say that in the withdrawal of this plea of not guilty of the charge of murder, and the filing of the plea of guilty of assault with intent to commit great bodily injury, the court has previously considered this matter in connection with the attorneys for the defendant, and the county attorney as well, the agreement and arrangement being that should this be done and that the case against Roy Young should be dismissed by the county attorney. "When this matter first came up the fore part of this term, I advised with the county attorney in regard to it, and I think, acting under my advice, although somewhat reluctantly, he consented to the arrangement. "Now the court is familiar with this whole line of cases, two of them having been tried before this court, and one before Judge Evans, so that I feel that I am familiar with all of the evidence. The motion of the county attorney to dismiss the case against Roy Young is now on file, and I wish to say that, in considering this matter, I think it would be more or less doubtful whether the defendant, Ed Young, under the charge of this indictment, could have been convicted of the crime of murder. I listened to all the testimony relative to his participation in the matter, and while the testimony showed that he was present at the time this woman was killed, and some testimony by some witnesses that he drew the gun on some one, yet there was other evidence that he took out the cartridges from the gun, and that he afterwards concealed the gun; of course, the mere fact that he was present at the time this crime was committed, rendered him vulnerable to the charge of murder, but two of these cases have already resulted in verdicts of manslaughter, and I do not think that any unprejudiced persons who heard the testimony would claim that there was any chance to convict Roy Young. As a matter of fact, he was not indicted until some time after the other defendants were indicted, and then perhaps as an afterthought, and therefore, in the administration of justice, I have thought, and feel satisfied that this is the proper disposition to be made. The court had heretofore, at the beginning of this term of court, made an order for one hundred additional jurors for the trial of this case of the State of Iowa vs. Ed Young, and a trial thereof would, I am sure, have cost Decatur county between $2,500 and $3,000. I therefore believe it to be in the best interests of the people of the state, and of this county, and also to this defendant himself, that this plea of assault with intent to commit great bodily injury should be accepted by the state. "Mr. Young, have you, or your attorney, any reason to offer why the judgment and sentence of this court not be pronounced against you?" The Defendant: "No, sir." The Court: "Mr. Hoffman, have you anything to say?" Mr. Hoffman: "I have been in these cases from the beginning. I do not believe the defendant, Ed Young, was guilty of this offense. I think he was in the same condition as Old Dog Tray, in bad company, and nothing more. I think the court ought to make the sentence as light as he feels the conditions surrounding the entire case would warrant him in doing." The Court: "Under the statute, which as recently been amended, when one is found guilty, or pleads guilty to assault with intent to commit great bodily injury, the court may either impose a fine or jail sentence, or a penitentiary sentence, not exceeding one year. What is your age, Mr. Young?" The defendant: "Twenty-eight." The Court: "I feel that, under the circumstances, the court should not give the minimum punishment here. I feel that, under the circumstances, I ought to impose the maximum punishment. The defendant is only twenty-eight years of age, and therefore admissible to the state reformatory at Anamosa, which, so far as the imprisonment is concerned, is a much more humane institution than the jail. It is therefore the judgment and sentence of this court that you be sentenced to the state reformatory at Anamosa for an indeterminate sentence, not exceeding one year, and that you pay the costs of this suit, and that judgment be entered and execution issue accordingly. The Leon Record Leon, Decatur County, Iowa Thursday, April 11, 1912, Pages 1 & 3 TEALE CASE AFFIRMED ____________________ Supreme Court Says Clarence Teale Must Serve Twenty Year Sentence for Zornes Murder. ____________________ The supreme court of Iowa on last Wednesday affirmed the verdict of the jury and sentence of the district court in the Clarence Teale case. The facts in this case are so well remembered by our readers that it is not necessary to go into lengthy details again. On the night of December 7, 1910, Mrs. Bertha Zornes was killed by being struck on the head by a board or club at her home near DeKalb, in Long Creek township and Clarence and Hugh Teale, Tom, Ed and Roy Young were all arrested and later indicted by the grand jury on the charge of murder. Clarence Teale was the first to be tried, his trial being held at the March, 1911, term of court, the jury returning a verdict of guilty of murder in the second degree and the defendant was sentenced by Judge Maxwell to a term of twenty years in the penitentiary at Ft. Madison. His case was appealed to the supreme court, and he was released under at $10,000 bond while the case was being appealed. Tom Young was the next one tried, and he as convicted of manslaughter and was sentenced to an indeterminate sentence of not to exceed eight years. Then at next term of court, Hugh Teale was also convicted of manslaughter and received a similar sentence, and at the recent term of court Ed Young entered a plea of guilty of assault with intent to commit great bodily injury and was sentenced to an indeterminate term of not to exceed one year in the reformatory at Anamosa, and he is now serving his sentence. The case against Roy Young was dismissed on motion of the county attorney. Both Ed Young and Hugh Teale have given bonds and appealed their cases to the supreme court. Clarence Teale has been staying at his home in Kellerton since the trial of his case, and he came to Leon Friday when he learned that the case had been decided against him in the supreme court. The procendo from the supreme court did not reach Leon until Saturday morning, and when it arrived he was taken into custody by sheriff Andrew and on Saturday night he was taken to Ft. Madison to begin serving his sentence. The opinion of the Supreme Court was written by Judge Sherwin, and is as follows: The defendant, Clarence Teale, was jointly indicted with Thomas Young and others for the murder of Bertha Zornes in December, 1910. A separate trial was granted him, and, as we understand the record, he was the first one of the several defendants tried. The facts necessary to an understanding of the questions to be determined as substantially and briefly as follows: The murdered woman, with her husband, Levi Zornes, and their children, lived on a farm adjoining the farm upon which this defendant lived, and Levi Zornes rented of this defendant two or three acres of his land. In the evening of the 7th day of December, the deceased with her husband and three sons, Henry 18 years of age, Willie 13 years old, and Elzie, 12 years old, were at the family home on the farm. A daughter, 21 years of age, was at the time away from the home. The Zornes had for supper that evening Thomas and Henry Phillips, their nephews, and both grown men, and Roy Young, a man 29 years old, who is a brother of Thomas and Ed Young, who, with Hugh Teale, were jointly indicted with this defendant, Clarence Teale, for this murder. The Zornes family and their supper guests remained at the house during the evening, and about 9 o'clock or a little thereafter, this defendant, Clarence Teale, his brother, Hugh Teale, a man 22 years old, and Thomas and Ed Young, adults, called on the Zornes home and were admitted to the house, and they with the other guests and the family, except Mrs. Zornes, were in the same room it being a southeast room of the house with an outside door opening therefrom on the east, and a door in the southwest corner thereof opening into the southwest room of the house, which room had an outside door opening to the south. A room directly north of the living room, where the people were, was occupied as a bedroom, and when this defendant and his friends arrived at the house, Mrs. Zornes was lying on one of the beds therein, but the door between the two rooms was open. The door between the two south rooms was in the southwest corner of the east room and it was hung so that it swung to the east and south. At the time in question, a shot gun belonging to one of the Zornes boys stood behind the door, which was then open. Shortly after the Teales and Thomas and Ed Young entered the house, a controversy arose between this defendant and Mrs. Zornes as to who was the author of a report current in the neighborhood that a young woman had been cooking for the defendant, he accusing Mrs. Zornes of being its author and she denying it. Intemperate language was applied to each other, which finally resulted in a request from both Mr. and Mrs. Zornes that the defendant and his party leave the house. Up to this point, there is no substantial difference between the witnesses as to what took place in the house, but beyond this, there is a marked conflict in the testimony. (Continued on page 3.) THE CLARENCE TEALE CASE. (Concluded from page 1.) ~~~~~~~~~~~~~~~~~~~~~~~ The witnesses for the state say that when Mr. Zornes requested them to leave, Thomas Young said that Zornes could not put him out and immediately struck Zornes on the head with a heavy bicycle pump and knocked him down; that Young knocked Zornes down in the same way a second time, and then threw the pump at Mrs. Zornes, striking her in the face and knocking her down. On the other hand, defendant's witnesses claim that Mrs. Zornes told her husband to get the shot gun and shoot the offending persons, and that while he was attempting to do so, Thomas Young knocked Zornes down with the bicycle pump; that Mrs. Zornes then assumed a threatening attitude toward Thomas Young, and that he then knocked her down with the pump. But the question as to who was the physical aggressor in the house is not of controlling importance in this case. For present purposed, it is enough to say that, after being knocked down twice, Mr. Zornes, together with Henry Zornes and the Phillips men, were driven from the house through the southwest room, and that the conflict was renewed on the outside with Zornes and his son, Henry. Mrs. Zornes and the two younger boys remained in the house until the others had gone outside, whereupon she, with these two boys, left the house by the east door and started off in a northwesterly direction therefrom. She was overtaken by the defendant, Clarence Teale, and by him struck on the side of the head with a club and killed. A trial juror called into the box stated in substance, in answer to the defendant's question, that he had formed an opinion as to the guilt or innocence of the defendant, based upon what had been told him about the matter; that it might be hard to lay the opinion aside and that it might, to some extent, influence his verdict. A challenge was then interposed. The juror then stated, in answer to the questions by the judge, that he thought he could lay aside the opinion he already had and try the case on the evidence and render a verdict on that alone, whereupon the defendant's challenge was overruled, and the ruling is assigned an error. In examination of jurors as to their qualifications to try a case, the sole question to be determined by the trial court is whether they can fairly and impartially hear the evidence, and render a verdict thereon which shall be entirely free from the aid or influence of previous knowledge, or preconceived opinions, And in the very nature of the situation, the trial curt must be given discretion in such matters which will not be interfered with, unless an abuse of discretion is shown. State vs. Hasson, 149 Iowa, 519. State vs. Ralston, 136 Iowa, 44. In this case we think it apparent from the examination of the juror that he did not have such a fixed and unqualified opinion as to disqualify him. Under the rule of the cases supra, we think there was no error in overruling the challenge. We are constrained to say in this connection, however, that we see no occasion, in the ordinary administration of the criminal law in this state, for the close rulings on the qualifications of jurors that are constantly brought to our attention. Although a ruling may be technically right, if it must be so doubtful as to raise a fair question as to its correctness, it is far better to give the accused the benefit of the doubt, to the end that he and all other men may be satisfied that his rights have not been invaded. Confidence in the fairness and impartiality of each member of a jury, which shall be sworn to try a man on a charge involving his life or liberty, is of the greatest importance to the welfare of the state. Indeed, it is of such paramount importance to every citizen that the time and expense necessary to secure jurors as to whom no doubt may rightly exist, it is an insignificant consideration. Thomas Young testified for the defendant that he was the one who struck Mrs. Zornes with the club out in the yard, and then the defendant offered to show by him that he had made the same statement to one John Cecil. The court did not err to the defendant's prejudice in rejecting this offer. Young had already testified fully as to his part in the affray in the Zornes house and yard and if his statements were true, the defendant could not be guilty of the crime charged against him. Several of the state's witnesses testified, however, that they saw the defendant, Clarence Tele, strike the fatal blow, and that Young was at that time engaged with Levi and Henry Zornes. It is clearly evident that the jury did not believe Young and that his own testimony, that he had told Cecil that he was the one who killed Mrs. Zornes, would not have strengthened the defendant's case with the jury. Had the defendant offered to prove this alleged statement by witnesses other than Young, a different question would be presented. But while Cecil was used by the defendant as a witness on another matter he was not interrogated on this subject. The left side of Mrs. Zornes' skull was fractured, and the state produced the upper part of the skull for the purpose of showing the jury the exact location and character of the blow that she had received. This was undoubtedly competent evidence, and it was not error to let the jury take the skull to the jury room. There was evidently an attempt to give the jury the impression that Mrs. Zornes' death resulted from the blow that she received in the face while she was in the house, hence it was of the utmost importance to the state to have the jury clearly understand the exact location and character of the wound that Mrs. Zornes received out in the yard. State vs. Novak, 109 Iowa, 717. There was a moon an hour or two high on the night in question, and the state's witnesses testified that the defendant struck Mrs. Zornes with a club, or board, about three feet long. A club of this general description, had been on the premises near the house for some time prior to this night, and the next day it was found some distance away at a point where the defendant, Clarence Teale, was shown to have been after the affray, and with a cap that one of the party wore the night before. We think the club was sufficiently identified to admit it as an exhibit. The court gave the following instruction: "The intent with which an act is done, is an act or emotion of the mind, seldom, if ever, capable of direct and positive proof; but it is to be arrived at by such just and reasonable deductions, or inferences, from the acts and facts proved, as the guarded judgment of a candid and cautious man would ordinarily draw therefrom. The law warrants the presumption, that a person intends the results, or consequences, to follow an act which he intentionally commits, which ordinarily do follow such acts. If a person makes an assault upon another, and death ensues, the presumption is warranted that he intended to commit murder, if there is no evidence tending to show that he intended a lesser injury. If you find the defendant committed the assault, it will be your duty from the evidence to determine his intent in so doing by the surrounding circumstances and all the evidence in the case before you which tends to show the intent." And the defendant says that the last sentence of the second clause thereof is erroneous, because the court omitted reference to a dangerous and deadly weapon. But read in the light of the undisputed evidence that the blow that killed Mrs. Zornes was struck with a deadly weapon, it was as specific as was necessary for the jury could not fail to understand that it was to be applied to the evidence before it. The court instructed on the weight to be given to certain admissions claimed to have been made by the defendant and other witnesses outside of the court, different from what they had testified to as witnesses. The instruction was in line with similar ones that have been often approved by this court. Complaint is made because the court did not submit to the jury a special instruction asked by the defendant, which was to the effect that he could not be convicted unless the jury found, beyond a reasonable doubt, that he personally struck the blow that caused the death of Bertha Zornes. The subject of this request was fully covered by the instructions given, and hence there is no error in refusing it. The defendant challenged a grand juror on the ground that he had formed an unqualified opinion as to the guilt or innocence of the defendant, providing facts which he had heard were true. The final answer of the juror, however, was that he did not know that he had formed an opinion that would prevent him from rendering a true verdict on the evidence, and the challenge was thereupon overruled. What has already been said therein relative to the qualifications of the trial juror also disposed of this challenge to the grand juror, and it need not be repeated. Finally, it is said that the verdict is the result of passion and prejudice, and that it is not sustained by the evidence. This is a case of great importance to both the defendant and the state, and we have given the record and the evidence very careful examination and consideration and we are united in the opinion that the verdict is fully supported by the evidence. We cannot say, as a matter of law, that the jury was not warranted in believing the testimony of the state's witnesses that they saw the defendant, Clarence Teale, strike the blow that killed Mrs. Zornes. On the cold record, they appear to be as worthy of belief as the defendant and his witnesses. The jury saw all of the witnesses and heard them testify, and the verdict in this case must be conclusive as to the facts. It was one of the most brutal murders that has ever been committed within this state, and it is not unlikely that the details of the transaction of that night may have aroused the prejudices of the jury against the crime itself. But the record bears no evidence that the jury was prejudiced against the defendant, or that he did not have a strictly fair and impartial trial. The judgment is, therefore, affirmed. Leon Reporter Leon, Decatur County, Iowa Thursday, January 29, 1914, Page 1 IN THE DISTRICT COURT _____________ Court Convened Monday. The January term of the district court, with Judge H. K. Evans presiding, convened Monday evening upon the arrival of Judge Evans from Corydon. The term is to be a three weeks one, and the indications are that court will last nearly the full three weeks. There have been a number of cases disposed of . . . CRIMINAL. State vs. Hugh Teale. Dismissed on motion of county attorney on account of opinion of Supreme Court finding the evidence insufficient. Defendant discharged and bond exonerated. |
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The Leon Reporter Leon, Decatur County, Iowa Thursday, March 30, 1911, Pages 2, 3, & 5 THE EVIDENCE IN THE TEALE CASE. ________________________ The following is evidence presented in the trial of State of Iowa vs. Clarence Teale, regarding the murder of Mrs. Bertha M. (Hendrickson) Zornes of Long Creek Township, Decatur County, Iowa. STATES'S EVIDENCE. _____________ The following is a synopsis of the testimony: W. C. STEMPEL. Resides at Leon, and identified a plat showing the location of the buildings, fences, etc., of the scene of the murder. LEVI ZORNES. Husband of the murdered woman is 43 years of age, and now lives in Decatur township. A farmer and has lived one and one-half miles northwest of DeKalb for five years. Was at home on the night of Dec. 7, 1910. Roy Young, Mrs. Zornes and their three children, Henry, Elva and Willie and Tom and Henry Phillips ate supper there that evening. Roy Young was there when he came in from the barn about dark, would say about 6:30. After supper they all went into the southeast room except Mrs. Zornes who washed up the dishes and then came in and took off her shoes and stockings and laid down across the foot of the bed in the northeast room. They were all sitting there talking. Was no games of any kind played. About 9:30 o'clock heard some one outside the house calling him to go out. Roy Young went out the east door and came back and said there was someone out there who wanted me and Henry to come out. Henry went out. Heard a conversation between Henry and Hugh Teale. Huh said "ain't you going to invite me in," and Henry said he didn't know whether he would or not Hugh Teale came in and I asked him to take a chair. He stood up in the corner of the room. Then I heard some one at the kitchen door and somebody said for him to come around to the other door. I could not understand what he said. They came around to the east door and Clarence Teale and Tom Young came in together. I asked Teale to take a chair and he took a seat about three feet from the door. Tom Young stood up against the sewing machine on the east side of the room. Ed Young came in about a minute after and stood right south of Tom Young. Clarence Teale wanted to bet Hugh 50 cents about drinking in St. Joe the next day. Clarence said he had a notion to whip Hugh because he had run off from him. Hugh said he had been cook for a week or so. Clarence accused my wife of telling they had Jane Young down there cooking for them. She said he was mistaken, that Dick Pray had told it. Clarence called my wife a vile name. I opened the door and told the boys to go. Tom said I couldn't put them out and hit me over the head with the bicycle pump. He hit me twice or more and broke the foot of the pump off. The first time he hit me he knocked me down. I was near the east door. The shot gun was in the southwest corner of the room. I aimed to reach for the gun and Tom Young hit Henry Zornes. When I had been knocked out in the kitchen I went out the south door and aimed to get some rocks. Saw Hugh Teale standing eight or ten feet south of the door. He pulled a revolver and swore that he would shoot my brains out. Henry was behind me two or three feet. I went southwest to the woodpile, but did not stop as they were throwing wood at us, and we had to move on. After that we went northwest and they were right after us. When we were about three feet from the fence they run out of wood and we stopped and they went back after more wood. I saw Clarence Teale right at the northwest corner of the house going about north and then he went northwest. Saw my wife and the two small boys. Saw Clarence Teale walk in a fast walk or run across to where my wife was walking and draw a weapon and strike her overhanded on the head and she fell to the ground. The two boys were close by. About the time that she fell the others were beating me through the fence. When Tom Young knocked me through the fence he said come on Clarence we'll knock their g-d-m brains out. I could not say what Clarence Teale struck my wife with. She fell kind of towards the southwest. I was near the fence, and Henry stood near a post. It was not a dark night, think the moon was shining. After we got through the fence they chased us about fifty feet and then we went south and they went on west about 150 feet and stopped and we went on around to the house. I went to get the shot gun and it was gone, and so was a razor which was in a drawer. Henry and I went to where my wife was and we sort of lead her in the house. We could just hear her speak, and we put her on the bed. I sent for Dr. Tallman, of Van Wert, and he came, but cannot say what time it was. My wife was alive when he came. These fellows stayed around until 15 or 20 minutes before the doctor came, and I could hear them making threats. Roy and Ed Young came back to the house while the doctor was there and he told them to go. I did too. I did not see any one strike my wife except Clarence Teale. Identified a club as one used to put in corn with and said it had been around the yard for some time, and also a cap which was found with the club southwest of the house the next day, and that James Owens and Geo. W. Baker were present when club was found. After Roy Young came back in the house the first time he went out he picked up the poker and stood on the west side of the room, right behind the best man that we had, Tom Phillips. He was grinning when he went out. I found the shot gun in the cave a short time before the doctor came. My wife's health had been good, and she worked out of doors, and she had been scrubbing and ironing that day. She was the mother of six children. I cannot read or write. On cross examination the witness said he first saw the poker after the fight around the stove next day. Tom Young was the only one who struck any blows in the house. Said he had corn and cane on Teale's land and that Teale had asked him to get it out, but had agreed to give him a day's notice before he turned stock in. This was two or three weeks before. Was between fifty and sixty feet from where my wife was when Clarence Teale struck her. On being recalled for redirect examination he testified that the cap was found the next afternoon on the east side of the fence. The club was found by James Owens, not very far from the fence, about three feet west of the fence. I was about 50 to 60 feet southwest of where my wife was when Clarence Teale struck her. THOMAS PHILLIPS. 30 years old, a nephew of Levi and Bertha Zornes, testified that he was at their home on the night of Dec. 7, 1910, and gave names of those who were present. He told of Roy Young coming there about 5 o'clock and staying for supper, after which they went into the southeast room except Mrs. Zornes, who did up the work in the kitchen and then came in and took off her shoes and laid down on the foot of the bed in the northeast room. He told of Hugh Teale coming to the house and of Roy Young going out coming back and telling that somebody wanted to see Lee and Henry. When Roy Young came back into the room he picked up the stove poker and stood near the witness. He detailed the preliminary events leading up to the commencement of the fight, practically the same as testified to by Levi Zornes. When Lee Zorne opened the door and told them to get out, he stepped back into the room and Tom Young hit him and knocked him down with the bicycle pump. The stirrup of the pump was broken off at the second lick and Lee Zornes fell close to the door leading to the kitchen. Witness was standing against the west wall of the room. Tom Young then knocked Henry Zornes down twice, and Ed Young grabbed the shot gun behind the door and drew it on Henry Zornes. He stepped back a couple of steps and said he would shoot his g-d-m brains out. Did not see anyone have the gun except Ed Young. Tom Young threw the bicycle pump and struck Mrs. Zornes in the face. She was in the room north of where the fight started, standing between the foot of the two beds. When the pump struck her she fell between the beds, and he then threw the stove hearth at her and struck her on the legs. The two small Zornes boys were near her. Tom Young followed Lee and Henry Zornes, and tht left the witness, Mrs. Zornes and the two small boys and Clarence Teale in the room. Saw Mrs. Zornes and the boys start for the east door and witness went out the southwest door just ahead of Clarence Teale, all leaving about the same time. They were hammering Lee and Henry Zornes. When asked why he didn't go out before he said that when he stepped toward the door Roy Young kind of stepped up besides him and he stopped. When he went out the southwest door of the house he went below the cave and then toward the northeast part of the yard. Saw Hugh Teale with wood in his arms and something bright in his hand, which looked like a revolver. Saw Clarence Teale coming around the house on the west side, between the well and the cave, and then go north from the house toward Mrs. Zornes and the two boys. Saw Clarence Teale when he was about three feet from Mrs. Zornes, when she turned around and he struck her with a board or club and she fell. I went on out to the road. Mrs. Zornes and the boys went out the east door and then northwest from the house. I was 63 feet from where Mrs. Zornes was struck, to the northeast. Willie and Elzie Zornes and Henry Phillips came up to where I was standing and we all went out into the road. Elzin (sic) was standing about 18 feet from where his mother was struck. I was there when they took Mrs. Zornes into the house, and I went to Isaac West's and phone for a doctor, Dr. Tallman, of Van Wert. Heard her say she was cold. After Clarence knocked her down he ran west toward Lee and Henry Zornes. I was about 20 feet from Clarence Teale when I crossed his trail from the house. I know Clarence Teale struck Mrs. Zornes. After they run toward Lee and Henry Zornes I heard some one say, we knocked the d-d b-h down, let's go back and finish her. I picked up the pump stirrup in a bucket in the kitchen. Found it about 3 or 4 o'clock in the morning. The stirrup was off the pump when Tom Young threw it at Mrs. Zornes. It struck her in the face. He was about six feet from her. She said, "Come on children, let's get out of here." I did not see my brother Henry leave the room, he got out early in the proceedings. There were two axes on the woodpile that evening. They were left leaning against the chopping block about 4 o'clock that evening when Henry Zornes and I chopped the night wood. I found the axes the next day, one in a ditch 35 feet from the wood pile and one under the wood, 12 or 14 feet from where we left it. When I was at Ike West's I heard the crowd cussing. I could not tell what Clarence Teale struck Mrs. Zornes with. It was about two and a half feet long. It was a moonlight night, light enough to see that it was Clarence Teale. I could see plain enough to tell who a person was. The next day about 40 feet west of the barn I saw where the boys had scuffled around on the ground. I as with James Owens when he picked up a billy about 40 feet west of the barn. Lew Greenland others were there. On cross examination the witness said that they were not playing poker there that evening. Saw no one on top of the cave. I ran around the cave and then to the northeast, stopping quite a ways from the northeast corner of the yard. No one struck a lick in the house that I saw except Tom Young. Denied telling Paul Hubbell a story as printed in the Grand River Local as to language, and also denied telling Fred Fuller that Roy Young took no part in the trouble in the house. Had no whiskey there at the house that night, and no express package was brought there that evening. Had not been drinking any. Witness admitted that he could not read or write. HENRY ZORNES. the 18 year old son of the murdered woman, testified that Roy Young came there that evening about 4:30 or 5 o'clock. Did not say why he came. Remained for supper. Told the same story of the minor events of the evening up to the time that some one came to the house and hallowed, Roy Young went out and came back in and said somebody wanted to see Lee and Henry. He was kind of grinning when he went out. When he came back he picked up the poker and went and stood on the west side of the room. I went out and saw Hugh Teale looking in at the window. No one else was in sight. He wanted to know if I was going to invite him in. I told him I didn't know whether I was or not. He went in first and went to the southwest corner of the room and stood there. No one offered him a chair. Clarence Teale came and hit on the kitchen door and said something, don't know what it was, and Tom Phillips said for him to go around to the other door. Clarence Teale and Tom Young came in. Father got up and told Clarence to take a seat and he did so, and Tom stood up against the sewing machine. Clarence said he had a notion to whip Hugh for running off from him, but would let it go this time, but never wanted it to happen again. Ed Young came in about three minutes after the others, just pushed the door open and came in. Hugh Teale said, "I'm the cook down there," and Clarence told mother he heard that she had been telling around that he had Jane Young down there doing the cooking for him. She denied it and said that Dick Pray had told it there. He cussed her and called her a vile name and father opened the door and told them to leave. Tom Young said put us out if you can and hit him on the head with the bicycle pump. Saw him strike twice. The stirrup broke off the first time he hit him. Father got up and he rapped him again over the head. I was in the room near the flower table on the south side near the double window. I tried to get the shot gun and Tom Young hit me and Ed Young grabbed the shot gun and pulled it in my face and said he would shoot my g-d d-m brains out. Tom Young struck me and knocked me down twice with the pump. I fell near the kitchen door. Then Tom threw the pump at mother and also threw the stove heart at her. He was near the stove when he threw the pump, and she was in the northeast room between the beds. He was about five or six feet from her. I went out the southwest door and saw Hugh Teale south of the door. I went out to get rocks. Hugh Teale said if I picked up any rocks he would shoot our brains out. He had stove wood and threw it at us. Saw him giving wood to Ed and Tom Young. I then went southwest to the wood pile to get an axe and was going to fight with it, but both axes were gone. Saw them last at four o'clock that afternoon when Tom Phillips and I were cutting wood. We left them on the chopping block. They pursued us until they ran out of wood and rocks. We went north and west. I saw Clarence Teale hit mother. He was about five feet from her when I saw him. I was 46 feet from there, by a stump of a post. Mother turned a round and he struck her overhanded. She fell to the ground to the west. Father was 50 or 60 feet away from mother. Tom Young said there goes the rest of them, let's finish them. Clarence Teale came within a couple of rods of me. Have known him eight or nine months. Was well acquainted with him and could not be mistaken in it being Clarence Teale who struck mother. It was moonlight and I could tell who a party was. My two little brothers were with mother. It looked like they were four or five feet from her. Then they threw at us again and ran us 180 or 190 feet. I saw father knocked through the fence. We went by the barn then around by the gap to the east side of the house. Tried to find shot gun but could not. Then father and I went out and brought mother to the house. There was blood on the ground and where she had vomited. I heard Clarence Teals say let's go back and finish the d-m b-h. She said to put her on the bed that she was cold. She talked in a mumbling way. I went to Jeff Blades' and got there about 10 o'clock. Roy Young came in our house and got Clarence Teal's sheep lined coat behind the stove. I asked him where the shot gun was and he said it was none of my d-d business. Roy Young talked to me about a week before and wanted to borrow my shot gun and I told him I would not loan it, and then he wanted to hire it for a week. Before supper Roy asked me if I had any revolvers to trade. I heard them cussing down by the barn as I went to Blades'. Could hear them for a quarter of a mile. Don't know as I saw the club around the house that day. Saw Roy Young have the poker in his hand in the house. Every time Tom Phillips moved he moved too. Roy and Ed Young came back and inquired about mother of Dr. Tallman, and he said for them to get out that there had been enough damage done now. Our house is on the highest hill over there. There was no card playing there that night or no drinking. On cross examination the witness said he didn't testify at the preliminary that he didn't know whether it was Tom Young or Clarence Teale who said let's go back and finish her. Said the moon was an hour or two high. The shot gun was loaded, did not see any shells picked up in the house. That Henry and Tom Phillips took no part. Did not see any one on top of the cave. WILLIE ZORNES. The fifteen year old son of Levi and Bertha Zornes testified in substance the same as the previous witness in regard to Roy Young coming there before supper and remaining after supper, as well as minor incidents up to the time that Roy Young first went out. The witness said when his brother Henry went out of the house his brother Elzie followed after him and heard the conversation with Hugh Teale. When Hugh Teale came in and stood up in the corner some one came to the kitchen door and somebody told them to go around to the other door. Clarence Teale and Tom young came in the east door and Clarence threatened to whip his brother Hugh and the latter said he had better not try it. Ed Young came in and spoke, and Clarence Teale sat down and Tom and Ed Young leaned up against the sewing machine. Clarence Teale wanted to bet that he could drink more beer than any one in the house and then he accused Mrs. Zornes of telling the story about him having Jane Young down there cooking for him. She denied it and he called her names. Dad opened the door and told them to get out and Tom young said he couldn't put them out. Saw Tom Young strike dad and Henry, and saw Ed Young pull the shot gun on Henry. Saw Tom Young throw the pump at mother and then threw the stove hearth and hit her on the leg. Then mother got up and her and Elsie (sic) and I went out. She said to hurry up or they would hurt us. We went out north of the house. I saw Clarence Teale strike mother with a club and then he went on. I was about five feet from her. I saw her fall. I then went up to the northeast corner of the yard where Tom Phillips and Elzie were, and Henry Phillips came there from the northeast. Have known Clarence Teale about a year. Saw him draw back his club. I was out in the road when they took mother in the house. I saw the blood out on the ground where she fell and saw the distance measured. Was there when Dr. Tallman came. I was there when Roy Young came back and got a sheep lined coat of Clarence Teale's. I saw Clarence Teale go west to the fence where father and Henry were. I heard Tom Young say come on Teale here goes some more of them let's finish them. I saw the club around the house since corn planting. Think Harrison Young made it for Paul Teale to plant corn. Saw it four or six feet south of the house the day my mother was killed. This was the last witness examined before court adjourned Thursday evening. ELZIE ZORNES. When court convened at 9 o'clock Friday morning the first witness was Elzie Zornes, the twelve year old son of the murdered woman. He told of Roy Young coming and staying to supper, and the other little details before the arrival of the other crowd. Heard Hugh Teale holler outside and Roy Young went to the door and stepped out on the step. He said soeone (sic) wanted to see pa and Henry. Henry went out and I went out after him. Hugh Teale said why don't you invite a fellow in, and Henry said he didn't know whether he would or not. Hugh Teale followed us in at the east door. Someone asked him to take a chair but he wouldn't. Then someone came and rapped on the kitchen door. Pa said to come around to the other door. When Clarence Teale go by the window he said to send his brother out that he wanted to whip him. Clarence Teale and Tom Young came in the east door and Clarence went over to Hugh and said he had a notion to whip him and Hugh said he had better not try it. Ed Young came in at the east door and leaned against the sewing machine besides Tom Young. Hugh Teale said he was cook down in the bottom and Clarence Teale said ma was telling around that Jane Young was cooking for him and ma said it wasn't so, that Dick Pray had told it to her. He called ma bad names. Pa opened the east door and told them to go if they couldn't behave themselves, and Tom Young said he could not put them out and then he hit pa, and knocked him down and he fell towards the southwest. Then Tom Young struck ma with the pump. I did not see him strike Henry. Saw Ed Teale (sic) have the shot gun. He got it in the corner of the room by the door. He stepped back and pulled it in Henry's face and said he would blow his brains out. Ma was standing between the two beds in the northeast room. Tom Young hit her with the stove hearth on the ankles. He was standing in front of the heating stove. Ma, Willie and I went out the east door and went north to the corner of the house and then went northwest out by the molasses pit. I saw Clarence Teale hit ma with a board or club. I was standing by the molasses pit, northeast of her, about 18 feet. I saw Clarence Teale coming by the northwest corner of the house, and was about five or six feet from him. Ma was facing south and he was facing her. She had turned around. Then I went to the northeast corner of the yard. Saw Tom Phillips going the same way. Tom and Henry Phillips and Willie and I were there and then we went back toward the house. When Roy Young came back in the house after he went out when Hugh Teale called, he had a big grin on his face and walked over and picked up the poker and held it in his hand. Every time Tom Phillips stepped Roy Young stepped right behind him. Have known Clarence Teale ever since he moved down there on the creek. I could see him plainly and distinctly at the time he hit ma. he hit ma and then Tom Young hollered come on here goes the rest, let's get them too, and Clarence took out on a run. Pa and Henry were down by the fence. Ma, Willie and I had started for the pond. I said let's go down there to keep from getting hurt. Ma said in the house, come on, let's get out of here. I was running from Clarence Teale. The instrument Clarence Teale struck ma with was about three feet long. Heard ma say after they brought her in the house to put her on the bed and cover her up. She did not talk very plainly. I saw the club around the house ever since we planted corn last spring. Saw it the day before mother was killed in the east yard as I was coming from school. Clarence Teale took the club with him after he struck ma. I found a pair of mittens out west of the barn about a quarter of a mile a day or two after. I saw them find the club and cap down by the fence the next day. The witness identified a billy as one he saw Ed Young have down behind the barn four or five weeks before. On cross examination witness said he did not see Tom Young strike his mother with the bicycle pump. Insisted he saw Hugh Teale throw three sticks of wood just before Clarence Teale struck his mother. That he only saw his father and Henry struck once by Tom Young. Saw the stove poker the next day in the sitting room about 4 o'clock. One of the double windows in the southeast room was knocked out the Saturday before when Kirkpatrick and Collins had a fight. On redirect examination he said there was no whiskey there [that] night, and no cards or games of any kind played there that night. On recross examination denied he told Ed Young that his pa was going to have a box of whiskey that day. Said there was some games played down in the pasture some time before, but he did not see them gambling down by the barn the previous Sunday when Allan Ramsey came along. WILLIE ZORNES. recalled for further cross examination, said he heard Tom young tell Clarence Teale to come on, but could not see him. I don't know whether the moon was shining or not. It was light. I testified at the preliminary that Tom Phillips was standing in the corner of the yard. I stayed up there until after mother was taken in the house. I did not see them pick her up because I was not looking that way. JOHN L. BROWN Was constable of Richland township in December, 1910. I arrested Clarence Teale at Harrison Young's early the next morning about 5 o'clock. He was sitting on the bed, and had his clothes on. He asked me if I had the papers for him and I showed them to him. He wanted to know where I was going to take him to, and I said Squire Brammer's. He said I was making a mistake and wanted me to take him to DeKalb and phone to sheriff Andrew to come in an auto and get him, for a man who would commit that crime was not safe. As we left the house he wanted to speak to Mr. Young and he told him I was going to take him to Brammer's, but it was to be fixed about a bond, and wanted to know if Mr. Young would go on his bond. Young told him he did not know whether they would take him on a bond but he would do all he could for him. He asked me to take him to his home to change clothes and I did so. As we were going through the pasture he wanted to know if I had a gun, and I told him I did, and wanted to know if he wanted it flashed. He said no, but that I needed a gun for his protection. He kept looking back and thought we were not going fast enough and was uneasy about being mobbed. At different times he said I was making a mistake in not taking him to Leon. He said the last few days had been pretty gloomy ones for him. That he and Janie Young were to have been married the first of the year, that he had furnished her with the money to get her divorce, pay off a doctor bill and get clothes and she had left him and married another man, and if she had not disappointed him this would not have happened. That Roy Young was the worst one and made it unendurable for Janie to stay at home. He said he was innocent and did not do anything, and then said, "Yes, I did too. I gave Lee a good kicking." I asked him what the fight began about. He said directly after we got in the house a conversation was started about Janie Young, and Mrs. Zornes called Janie a bad name and he could not stand for that, and Tom Young knocked her down and then the fight began. He said he wanted to refrain from talking and wanted to hunt counsel. He told me Tom Young was headed for Sargent (sic), Neb., but he would have to go to Kellerton to draw on the old man for money which was due him for shucking corn as he had no money. He said after the fight we went down home and went to bed. Later on Roy Young came down and told us she was dead, and I went to Mr. Young's because it wasn't safe for him to stay at home alone. On cross examination there was quite an argument between the witness and the attorneys for the defense over what the witness had sworn to before the grand jury as to what Clarence Teale told Harrison Young, in regard to wanting a change from Brammer and wanting some one to go on his bond. GEO. W. BAKER. Ex-county attorney, 44 years of age, testified as to being at the Zornes home the next day after the death of Mrs. Zonres, and as to the finding of the club introduced in evidence about half way between the barn and the gate southwest of the house. Said Lee Zornes and his boy was showing them the route they took and the club was found on the west side of the fence and a cap which had been identified as being owned by Roy Young, was found about three feet on the east side of the fence, some six to ten feet from the club. James Owens and perhaps some others were present when the club and cap were found. Went west of the barn about 75 yards and saw a bare spot of ground which had been tramped around on and there were marks as if some one had been lying down. He also testified as to the pools of blood and their location north of the house. Dr. B. L. EIKER. testified that he was a practicing physician, 39 years old, residing at Leon and that he attended and assisted in the post mortem held at the Zornes home on Dec. 9, 1910, and gave a detailed description of what they found, showing a portion of the skull of Mrs. Zornes which was removed at the post mortem, which showed the fractures of the skull. Said they found a wound about three and three-fourths inches long on the west side of the head, commencing one and a half inches above the left eye, which had been sewed up. There were bruises on the upper and lower left eye lid, and bruises on the right limb between the knee and ankle and on the instep of the right foot. The fracture in the skull was about six inches long, a second fracture about four and a half inches long were connected by another fracture. Said a blot (blood ?) clot was found on the brain containing about three tablespoons of blood. That death was caused by a hemorrhage of an artery in the brain, caused by external violence, probably a blow by some blunt instrument. That the wound could have been inflicted by some such an instrument as the club introduced in evidence. That is was possible, but not probable for a person to walk very far if at all after receiving such a wound. All the organs of the body were examined and were found normal with the exception that gall stones were found in the gall bladder. Dr. H. R. LAYTON. who also attended the post mortem testified along the same lines as Dr. Eiker and said that Dr. Tallman, the other physician who assisted at the post mortem, had been sick for some time and was in no condition to appear in court or to testify. He described the wounds on the head and limbs and blot (blood ?) clot much the same as Dr. Eiker, and said death was caused by the hemorrhage, produced by the blow that fractured the skull. It would be possible but not probable that a person would be able to get up and walk after such an injury. Found nothing abnormal about the body except gall stones. That the injury on her head caused death and that some instrument similar to the club introduced would produce such an injury, but that it could not have been produced with a blow from a rod. O. E. HULL. Editor of the Leon Reporter testified as to being at the Zornes home the day after the murder and as to the location of the pools of blood on the ground. JAMES OWENS. Resides in Long Creek township, and was at the home of Levi Zornes on Dec. 8, 1810 (sic). Found a billy lying on the ground about 50 or 60 feet from the barn, and picked it up. Tom Phillips, Henry and Elzie Zornes and Lew Green were with him. Found the club introduced in evidence that morning about 9:30, and also the cap, and Geo. Baker, Tom Phillips and Henry Zornes were present when they were found. Saw shoe tracks on the ground west of the barn, quite a number of tracks. Identified the cap as belonging to Roy Young. Saw him wearing it a week or so before. On cross examination said the cap was on the east side of the fence southwest of the house. HENRY PHILLIPS. Lives in Nance county, Nebraska, is 25 years old, and is a nephew of Levi Zornes and Bertha Zornes. Was at the Zornes home on the evening of Dec. 7, 1910, and after supper was with the others in the southeast room. Said he left the house when the fight started. Was the second man out of the house. Saw Hugh Teale three or four steps from the southwest door. Saw "String" Teale strike Mrs. Zornes, outside of the house. Was northeast of Levi Zornes about seventy feet. I ran northwest and stopped at the wire fence east of the pond, northwest of the closet [?] about 40 feet. Think I went straight east six or seven feet, then down south about 100 yards. On cross examination he said when the fight started he walked out and then run northwest about 70 yards. I got out before things got to going and you bet I got to the pond pretty quick. I went west of the cave. Didn't see the trouble in the house or west of it. On redirect examination he testified: I became good and scared and did some keen running after my aunt was struck. I saw Tom Young strike Lee Zornes in the house. E. H. KAUFFMAN. Lives in Long Creek township, 1 1/4 miles from where Zornes lived. On the night Mrs. Zornes was killed I was up and out of doors several times during the night. Heard some one screaming over by Zornes', sounded like more than one. Had a talk with Clarence Teale in August or September, in which he said he had trouble with Zornes and nailed up the gates. It was a moonlight night. I could see and tell a person. LEE ZORNES. recalled, testified he did not think he ever told E. H. Kauffman that Roy Young took no part in the trouble, but only acted as peacemaker. HENRY PHILLIPS. recalled, denied having a conversation with P. F. Kopp about a barrel or box containing whiskey bottles the day of the post mortem, or that Kopp told him there was a preacher there and they had better get the bottles away. Denied telling Bert Anderson or Harvey DeKalb that Roy Young took no part in the trouble. Denied having a conversation with Mrs. Isaac West the night he went there to telephone for a doctor, in which he told her about the fight, or that Roy Young did not take any part. Or that he told her that Lee Zornes grabbed his shot gun and Tom Young knocked him down. The state's evidence closed Friday afternoon about 4 o'clock, and after a short recess the taking of evidence on the part of the defendant was commenced. (Continued on Page 3.) [Page 3] ~~~~~~~~~~~~~~~~~~~~~ DEFENDANT'S EVIDENCE ___________________ FRED TEALE. testified he live in Leon, and was cashier of the Farmers & Traders State Bank, 41 years old, and a cousin of the defendant. Said he went to the Zornes place and assisted by C. A. Cherrington made a plat of the building and premises, which was introduced in evidence. E. A. ANDERSON. aged 38, a farmer living in Long Creek township, testified that he knew Tom Phillips and had a talk with him a few days after the murder, in the store at DeKalb, in which Phillips stated that Roy Young took no part in the trouble except to act as peacemaker. On cross examination said Fred Fuller, Will Fry and others were present at the time, but could not recall any other names, for sure. WALTER BRINER. A farmer, 42 years old, living in Long Creek township, testified that he knew Tom Phillips and had a talk with him on the train between Van Wert and Leon, in which he said Roy Young took no part in the trouble, and tried to stop the racket. On cross examination he said Phillips told him he believed they were accusing Teale of doing the knocking. Witness said he as a half cousin of Roy Young. C. A. CHERRINGTON. a druggist residing at Leon identified a plat of the house and ground as the Zornes place, and also a number of photographs which were taken of the house and grounds on the previous Sunday. The state objected to the introductions of the photographs on the ground that they were taken long after the time of the alleged murder and they did not represent conditions as they existed last December, and the court sustained objections as to part of the photographs and reserved an opinion on the balance. MARION WOODARD. One of the attorneys for the defense, went on the stand over the objection of the state, who claimed it was contrary to the rules of practice for an attorney in a case to appear as a witness. He testified that the premises and yard were in practically the same condition at the time the photographs were taken as they were at the time of the coroner's inquest. O. E. HULL. testified that on the morning following the alleged murder there was considerable rubbish, sticks, stones, etc., lying around the yard. FRED FULLER. 29 years of age, a drayman at Van Wert, testified that in December, 1910, he was running a store at DeKalb. Knew Tom Phillips and heard him say in the store at DeKalb the next morning after the murder that Roy Young was present but that he took no part in the trouble. Knew Ed Young. Saw him at the store on the evening of Dec. 7, 1910, and was there when he locked up and went home. Reached home between a quarter and a half mile from the store just as the clock struck nine. It was not a very dark or a right bright night. Don't think the moon was shining, but could not swear to it. On cross examination said it was the next forenoon between 10 o'clock and noon when Tom Phillips was at the store. One of the Hendricksons came there with him. Also one of the Ramsey boys, think it was Cleve, was there when we closed up. GEO. E. HAMPTON. a farmer living in Long Creek township, 54 years of age, living a mile and three-quarters from the Zornes place, said he remembered the night before the trouble at Zornes', and would call it a pretty dark night. Was out several times between 8 and 10 o'clock, looking for his wife to come home. There was no noon that he could see. Clouds obscured the moon. On cross examination he said his wife was an aunt of the Young boys, a sister of their father. TRANSCRIBER'S NOTE: Was this supposed to read ". . . the night OF the trouble . . ."? MRS. GEORGE E. HAMPTON. testified that she was a sister of Harrison Young. Was at the home of her sister, Mrs. Jesse Briner, on the night of Dec. 7, 1910. Was out of doors that night about 9 o'clock, went to the orchard with Mr. Briner to look for a shawl and thought it was pretty dark. Did not think the moon could be seen. Did not find the shawl, but later Mr. Briner took a lantern an went out and found it. On cross examination said she was a sister of Harrison Young, and a half sister to Mrs. Briner. They had been to Grand River that day, and it was late when they reached the Briner home, and she remained all night. Briner's home was three and a half or four miles from her home. CAREY THOMPSON. a laborer, 65 years old, testified he was at Ed Gale's store in Grand River on the night of Dec. 7, 1910, and went home about 9 o'clock and it was pretty dark. Did not see any moon. Fixed the date by means of a conversation next morning after the murder in regard to Clarence Teale being in the store the day before. On cross examination he admitted that his eye-sight was not very good, and there were a number of trees and buildings along the street [along which] he went home. ISAAC WEST. a farmer living in Long Creek township, testified he lived a half mile from the home of Lee Zornes and had known him twelve years. Was acquainted with Mrs. Zornes' reputation as a vicious, dangerous fighting character, and it is bad. Know Tom Phillips. He came to my house on the night of Dec. 7, 1910, and hallowed, and I went to the east door. He was 30 or 40 feet from the door, south of the house. Said he wanted to phone for a doctor. I could not se who it was till he told me. He said the fight started over something said about Jane Young and Lee tried to grab a gun and Tom Young knocked him down, and that Ed Young got the gun and took the loads out. That Roy Young was there but took no part. That Roy tried to hold Tom and Henry Zornes hit Tom on the back of the head and Tom broke loose from Roy and went wild and the fight started. On cross examination he said he had no feelings toward the Zornes family, except when they were after him with a gun. When asked who he had heard speak of their reputation said his wife and Harrison Young and others but did not name them. Said what he knew himself was enough for him. Said Mrs. Zornes had brought at gun to Lee Zornes and told him to shoot the witness, calling him a vile name. Witness denied that he shot at Lee Zornes twice in front of his house. MRS. ISAAC WEST. Testified that she was acquainted with Lee Zornes and his wife. Was acquainted with the general reputation of Mrs. Zornes as to her being a vicious, dangerous, blood-thirsty woman in the neighborhood in which she resided and that it was bad. Was acquainted with Tom Phillips for 15 years. On the night of Dec. 7, 1910, Tom Phillips came to their house and she had a conversation with him in regard to what occurred at the Zornes home, in which he stated the fight started about something said about Jane Young. That Lee Zornes got a shot gun and took the loads out. That Roy Young caught Tom Young around the waist and Henry Young struck Tom Young on the back of the head with a stick of wood and Tom broke loose and the fight started again. That Roy Young took no part and only tried to stop it. On cross examination she said she simply asked him how it occurred. He was there half an hour or more. Came there to phone for a doctor. Got the doctor soon, but he stayed there. Had heard Dr. DeKalb say Mrs. Zornes' reputation was bad. Heard Mrs. Sharp say they were all a bad set, also heard Mrs. Baxter and Mrs. Fry say the same. Heard Mrs. Harrison Young say so. Heard Mrs. DeKalb say they were a hard set and ought to be removed. I never had any trouble with the Zornes. They made a great deal of trouble with my husband. On redirect examination said the shooting affair was on their land, and Mrs. Zornes carried a gun to Lee Zornes and told him to shoot him, using very bad language. On re-cross examination said Lee Zornes, Mrs. Zornes and Willie and Ora (sic, should be Oria) Zornes were present. Did not see Maggie Green. Was not positive as to purpose of her husband in going where the trouble occurred. Said her husband had killed chickens belonging to Zornes because they were eating up his wheat. CHARLES GRIMM. a merchant living in Lacelle, Iowa, testified that he lived at DeKalb, Iowa, in 1910, 1 1/4 miles from the Zornes place. Had known Lee Zornes for 9 years. Was acquainted with the general moral character of Lee Zornes, and it was bad. HENRY L. BRAMMER. Testified that he lived in Richland township and was a justice of the peace in December 1910. An information charging Clarence Teale with murder was filed before him on the night of Dec. 7, 1910, by Lee Zornes. Said Zornes made some kind of statement at his home in regard to Roy Young being present but that he did not take any part in the trouble, but he was busy making out papers and did not pay much attention to what he said, and would not be positive just what was said. On cross examination he said Elias Hendrickson and Leander McConnell were present in the room at the time Zornes made the statement. MISS NORA DOBSON. testified that in 1910 she was county stenographer of Decatur county, and took the short-hand notes giving the testimony of the witnesses at the preliminary examination held before justice A. M. Pryor. She read extracts from the notes in which Tom Phillips testified at the preliminary examination that he saw Tom Young and Clarence Teale club Lee and Henry Zornes through the fence. That he was in the northeast corner of the yard at the time he claimed Mr. Zornes was struck. That Elzie Zornes testified they were in their cussing and fighting and that he went out before his father and Henry. That he did not remember of hearing anyone say anything after Clarence Teale her. That Hugh Teale did not say or do anything out of the way that he knew of. That they were in there when he went out. Several other variations in the testimony of the witnesses were gone over with numerous objections on the part of the attorneys, and on cross examination the witness admitted that her transcript of the testimony did not in all cases read exactly as her notes did. As many of the witnesses had been excused to go home over Sunday court adjourned at 2 o'clock Saturday afternoon until 1 o'clock Monday afternoon. When court convened Monday at 1 o'clock the first witness called was: MISS NORA DOBSON. who read a number of questions and answers from the short-hand notes taken by her at the preliminary examination before Justice Pryor as to what Lee Zornes, Henry Zornes and Willie Zornes swore to at the preliminary examination. She testified that Willie Zornes testified that he heard his mother tell Clarence Teale that she never said it, that Dick Pray told it, and that Teale said whoever told it was a vile _______ using vile language. That he also testified that he saw Tom Young throw the bicycle pump at his mother and hit her and it bounded back. That he didn't notice Tom Phillips at the time Teale struck his mother, and that his brother Elzie was closer to his mother than he was. I was between mother and Elzie. I stopped and turned around just as he struck her. That Lee Zornes testifying as to what was said in the house by Clarence Teale said he used an oath and said anyone who made that report was a _____. This remark was made to the woman. That Henry Zornes testified that he (Ed Young) grabbed the shot gun from pa and swore he would shoot my brains out. In regard to Teale striking his mother he swore he could see him plainly as he passed him but could not tell whether he had the club or not, etc. WM. FRY. said he had lived at DeKalb since 1876, and heard Tom Phillips say at DeKalb the next day after the murder that Roy Young took no part expect to act as peacemaker. On cross examination said he did not hear Phillips say Roy Young had the poker, but he might have said it. L. D. LILLIE. residing at Kellerton, said he remembered the night of Dec. 7, 1910, and it was rather dark and gloomy. Was at Masonic lodge and went home between 9 and 10 o'clock. W. A. RAMSEY. testified that he had lived in Long Creek township all his life, and lived two and one-half miles from the Zornes place. Had known Zornes and his wife for 20 or 25 years. That Mrs. Zornes' reputation as an aggressive, dangerous woman was bad. That the Zornes family moved from the farm about March 1st, of this year. He said the reputation of Lee Zornes, Henry Zornes and Tom Phillips for morality was bad. That he owned a half interest in the farm on which Zornes lived. On cross examination he said he had owned a half interest in the farm for about five years, the other half being owned by Frank Greenland. That Zornes moved on the place in a few days after he traded for it, and had been living there ever since. That while he knew the Zornes reputation was bad had kept them there for five years. Had said he would help hire a lawyer for Roy Young if he needed it. Roy Young came to his house the next morning about 6 o'clock, and rode one of his horses home. He had worked for witness off and on. Had head Mr. Wadsworth say Mrs. Zornes' reputation for fighting was bad. Heard his boy say so. Heard Harrison Young say she rocked his girl out of a berry patch. Heard these things a year or so ago, but still kept them on the farm, but not by his wish particularly. On re-direct examination he said Greenland allowed them to move in the house after their house burned, as they wanted to make the insurance good, and the house was vacant. Had made up his mind two years ago to make them get out, but Greenland and Zornes came and promised they would do better. ROY YOUNG. stated his age was 29 years, and had lived in Long Creek township all his life. Lived 1/4 mile from Zornes. Was at Zornes' home on the night of Dec. 7, 1910. Had been moving a threshing machine that day and was to have threshed at Reedvelt's the next day. Went to the Zornes home to hire some of them to haul water. Arrived there about six o'clock and stayed for supper. After supper the men and boys all went into the southeast room and played poker, penny-ante. That all the men folks and the little Zornes boys were playing. They were playing cards when some one came outside and hallowed. Lee Zornes told him to open the door and see who it was. I was closest to the door, and we were all sitting on the floor. I went out and could not see who it was and came back and told them it was somebody strange to me. I had seen Hugh Teale two or three times. Henry Zornes went out and Hugh Teale came in and shook hands with some of them. Henry Zornes said something about interrupting their card game and Hugh said not to let him bother them. Tom Young and Clarence Teale came to the southwest door. Teale lived southwest of the house 3/4 of a mile, and there was a road through there used nearly the same as the public highway. It went west, then southwest through a gate southwest of the house. Somebody told them to come around to the other door. When they came in Clarence said something to Hugh about running away from him. He first shook hands with Mr. Zornes. Tom Young sat on the sewing machine at the east side of the room, and picked up a bicycle pump and was pumping it, making a peculiar noise, and Clarence Teale made some light remark about it, and then Mrs. Zornes said is that you Teale, and Clarence said excuse me, I did not know you were here. He asked if Ora (sic, should be Oria) was there and Mrs. Zornes said no, she was shucking corn at Canaday's to make some money for herself, and that she got five cents a bushel. Clarence said she need not have gone that far from home as he would have given her more, and would have paid her ten cents a bushel. He turned to Mr. Zornes and wanted him to get his corn out, as Ramsey wanted to turn stock in to pasture. That if Zornes would bring all his boys down they could it out by noon the next day, and that Ramsey wanted to turn in the last of the week. Mrs. Zornes says I understand you have lost your cook. Hugh Teale said, allow me to present the only cook that has been down there since I've been here and made a bow. She said no, she meant Jane Young. Clarence said there had been some stories going around and he believed the talk originated on this hill. Mrs. Zornes said she never told it, that Dick Pray said it. Then Teale said that anybody who told it was a ______. She said he was a _______, and told Lee Zornes to get the gun and kill the s______. Zornes went across the southwest corner of the room and about the time he got gun said you s_____s, get out of here and get out fast. Tom and Henry Phillips went out the southwest door. Tom opened the door. Tom young said I'm not going to let you shoot me, and there were some licks. I went down behind the north side of the stove. Heard some licks struck. Mrs. Zornes was standing in the arch leading to the northeast room cursing and yelling to kill the s______. After Lee and Henry Zornes were knocked down I saw the gun in either Hugh Teale's or Ed Young's hands. They were breaking it and taking out the shells. Ed Young made no threats and did not point the gun at anybody so far as I know. About the time they threw the shells out Hugh Teale went out, me and Tom Young and Ed Young and Clarence Teale were in the room and Mrs. Zorens. Don't remember about the boys. Think the least one was in there. We all went out the southwest door. Some one said don't come out her, stay back in there. I had hold of Tom young. As we stepped out the door Henry Zornes hit Tom Young over the head with a stick of wood, and Tom broke loose from me and went west passed (sic) the well, then north. Henry Zornes was after him. I did not see them again. Saw Clarence Teale come out. He stepped out to the right of me and then went west. Just as he passed me Lee Zornes drove Clarence north between the cave and the well. I went south of the house. Mrs. Zornes was still in the house. I didn't step up alongside Tom Phillips. I took no part in the fight except to try to stop it. I went from southwest of the house to out west of the barn. Hugh Teale and Ed Young went with me. We took no part in the balance of the fight. We threw no clubs or sticks and didn't follow them up. We went out west to stop the fighting. I could hear them cursing each other. I fell down just before I reached the fence and lost my cap. I went on through the fence to the boys. They had stopped fighting when I got up to them. Lee and Henry Zornes were south of them. I told them I wanted them to stop this fighting. I went back to look for my cap, but it was so dark I could not see it. I went back into the house and got a couple of coats belonging to Clarence Teale and Tom Young. Teale pulled off his coat when he went in and laid it down and Tom Young took off his coat after they commenced fighting. He had it on his arm when he went out the southwest door. I had no idea of having a fight there when I went there or any other time. When I went back to the house Lee Zornes told me his wife got bad hurt. I asked him who done it and he said Tom Young. He asked me where the gun was and I told him I didn't know. He wanted to know if the boys were coming back and I told him I would see that they went home and he told me to come back. When I went back the doctor was there and Zornes ordered me out of the house. I asked the doctor if she was bad hurt, and he said to tell the truth I think she is dead now. Mrs. Zornes had a poker in her hand after the fighting stopped in the house. On cross examination said Mrs. Zornes had an iron poker in her hand. When I came back into the house when I went out the east door I went over to the northwest corner by the stove. Didn't see Elzie go out with Henry. Mrs. Zornes was in the northeast room when she made the remark about the cook. Think she was on the bed. Lee Zornes got hold of the gun. About that time I went down behind the stove. It was a box stove. Hugh Teale went out first, then me, Tom, Ed, and Clarence Teale. I had hold of Tom. When I got out of the house I saw Lee and Henry Zornes. Henry was west and Lee a little southwest. Henry rushed in and hit Tom with a stick of stove wood. Denied that Henry and Tom fought between the well and cave and then went southwest. Clarence Teale and Lee Zornes went between the well and cave, I then went out south of the house. I could hear them out northwest and west and west of the barn but could not see them. They wasn't fighting when I got through the fence. Tom Young, Clarence Teale, Henry and Lee Zornes were west of the fence. Lee and Henry were south of the other two, and right west of where I went through the fence. Tom Young and Clarence Teale were north of me. I didn't see Mrs. Zornes after she went out of the house. Then I went back to the house and got the coats, then back to where the boys were, and then we went to the home of Clarence Teale. I went back to see how the woman was. She was on the bed. They wanted the coats and I would not let them go back to the house. I didn't stay after I got the coats. I then went to the Teale's home, then home, and then to Ramsey's the next morning. MISS NORA DOBSON. recalled, read her short-hand notes of the preliminary and said Lee, Henry, Willie and Elzie Zornes said nothing about Roy Young having the poker at the preliminary examination. HUGH TEALE. aged 22 wears (sic), brother of Clarence Teale, said he was working for his brother in Long Creek township in December, 1910, gathering corn. Had been working there about a month. Clarence came home that evening between 8:30 and 9 o'clock, put up his team and they had supper. After supper they went to Zornes, together with Tom Young. Clarence went to ask Zornes to shuck his corn out the next day. Said it was 3/4 of a mile from their home to Zornes, and a road lead from their place to Zornes, which was traveled considerably. It passed through a gate to the west of the house. Clarence Teale and Tom Young stopped at the gate and he went on up to the house, stopped about 25 feet away and hallowed. No one answered the first time and the second time Henry Zornes came out. He made some remark to Henry about inviting him in and he said yes. Didn't remember whether the windows were blinded or not. Shook hands with Mr. Zornes and Henry said I broke up their game, and I said to not let me bother them. Clarence and Tom Young rapped at the southwest door and Tom Phillips said for them to come around to the other door. When Clarence came in he said something to me about cracking a limb in my flank for not waiting for him. He shook hands with Mr. Zornes and sat down. There was no conversation about beer that I heard. Tom sat down on the sewing machine and had a bicycle pump in his hand and was making a peculiar noise with it. Clarence made some light remark and Mrs. Zornes says is that you Teale? and he said excuse me, I don't usually speak that way in the presence of ladies. Clarence asked of Ora (sic, should be Oria) was there and she said she was up to Canaday's shucking corn at 5 cents a bushel to make some money for herself. Clarence said he would have given her more than that to shuck corn for him. He said we were going to get our corn out the next morning and wished he would get his out the next day, as Ramsey wanted to turn in his cattle the latter part of the week. Said if Zornes would bring his boys down with him they could get it done by noon. Mrs. Zornes asked who was cooking for him since their cook left. I made a bow and said allow me to present the only cook there has been there since I have been there. She said I didn't mean you. I meant Jane Young. Clarence said there had been a good many stories about Jane Young cooking for him, and she said he was a liar that Dick Pray told her and she believed it. Clarence said anyone who said that was _______. She called to Zornes and told him to get the gun and kill the _______. Zornes got the gun and told us to get out quick. About that time Tom and Henry Phillips ran out of the southwest door and left it open. When Zornes got the gun Tom Young hollered at him and struck the gun and knocked it out of his hands. Tom hit again. Henry was trying to get the gun and Tom hit him knocking him through the door. Mrs. Zornes was cussing and yelling to kill the s______. The gun was lying on the floor near the door. Ed Young picked it up and drew the shells out. I went out after Lee and Henry. They were southwest of the cave, coming back toward the house with clubs and sticks. I told them not to go back with clubs or they would start the fight again. I did not take any part in the fight. I had no revolver and did not threaten them if they picked up any rocks. I told them not to go back to leave the boys alone and they would get out and go home. Called to Clarence, Tom and Ed Young just before they came out and told them not to come out. They stepped out. Henry said you s_______ and ran up and hit Tom with a club. He was southwest of Tom. Tom went north along by the well and north and Henry was following him. Didn't see Clarence come out. I didn't see Clarence come out. I didn't follow around the house. I saw no trouble between Clarence and Lee Zornes out toward the barn. Couldn't tell what happened after they passed the cave. I didn't follow. I did not strike anyone else to fight. I was south and west of the house when they came around the corn crib. Roy and Ed Young and I went down to where they were. Roy fell down and lost his cap. The boys had stopped when we got to them. I didn't hear anyone say let's go back and kill the rest. Both boys were mad and wanted to whip Lee and Henry Zornes. Roy came back from the house and told us she was hurt. Have no knowledge of how she was hurt. Didn't know whether she had anything in her hands when we left the house or not. After Roy got the coats we went home. As we went from our house up there we were singing. We lived something over a half mile from Kauffman's. It must have been about 9:30. There was no singing as we went home. On cross examination said he had been at Zornes a few times, and knew the family. When I went in the house I went to the southeast part of the room at the east end of the flower table. Ed Young stopped by Tom at the sewing machine. I went out of the house first. Don't know when Clarence came out. I went southwest of the house while the others went north and west I went out about 30 steps. No one was there. Roy and Ed Young were east of me I think. Roy Young and I went down to the fence together, walking fast or maybe trotting, and I went through the fence right along there. Don't know just where Roy fell. Lee and Henry Zornes were south of Clarence and Tom. They were south of where we went through the fence about five steps, 15 or 20 feet. Clarence and Tom were north of where we went through. When the trouble started Lee Zornes was standing almost in front of the stove with his foot on the hearth and Clarence was sitting almost in front of the east door. Roy Young was standing on the west side. Henry Zornes was leaning against the flower table west of me. The door to the kitchen was closed. Tom Phillips opened the door about the time Lee Zornes got the shot gun. Mrs. Zornes was in the bed room and had only come to the door when I left the house. Don't know what occurred northwest of the house. Admitted he was under indictment in the case pending. On redirect examination said Lee Zornes did not open the east door before he got the gun. Did not see Roy Young have the poker. Roy and Ed Young were east of me when I went down where the other boys were. Ed Young did not say anything about shooting anybody's brains out. We were in the house about 20 minutes. On recross examination said Ed Young came in while the conversation between Clarence and Mrs. Zornes was going on. On redirect examination said Tom Young had been gathering corn for Clarence. Hadn't seen Ed Young for several days before he came in the house. That Zornes' came to their place quite frequently. ED YOUNG. testified that he lived with his father in Long Creek township, a half mile from the Zornes place. On Dec. 7, 1910, he had been helping his brother Roy move a threshing machine, and that evening was at DeKalb and got some groceries. Left the store at about 9 o'clock and went home. Cleve and Elmer Ramsey were at the store but were gone when he came out. Walked home 3/4 of a mile and over west. Put the groceries down at home and went up to Zornes'. As I passed Zornes place that evening I asked Lee if he had any whiskey and he said no, but would send the boys down to DeKalb to see if any had come in. When I went there that evening I didn't know that Clarence and Hugh Teale and Tom Young were there. I knocked at the door and someone said come in. Hugh Teale was bowing when I went in. I leaned up against the sewing machine. The first thing I knew Mrs. Zornes said something about Jane being his cook. He said he didn't care who said it, it was d____d lie. Mrs. Zornes called him a ______ liar. She said something about getting the gun and killing the s______. Lee was standing with his foot on the stove hearth. Clarence Teale was sitting on a chair between him and the east door. Lee was pretty near over to the gun when he said for us s_______ to get out and get out quick. Tom said he wasn't going to let him kill him and then hit Lee or the gun and the gun fell to the floor and as Lee got up Tom hit him again and knocked him down in the kitchen. Henry Zornes went to pick up the gun and Tom hit him. I picked the gun up and broke it and threw the shells on the floor. Saw Tom and Henry Phillips go out. Don't know where the small boys were. Roy was behind the stove. He did not have the poker. Hugh Teale had gone out the southwest door. He had been out a couple of minutes before myself and two brothers went out. I had hold of Tom's left arm and Roy was hold of him on the other side. I said let's go home and behave ourselves. Heard someone say don't come out for a little bit. We went out and some one hit Tom. I dodged back into the house. I had the gun in my hands. Clarence was west of the door. I came out and stepped to the well curb and threw the gun down in the cave, down to the lane. Could not see any of them after they started north. It was dark. I could hear them. I went down by the barn. Roy says let's go down and stop them. I wanted to go home. Roy and Hugh Teale went down ahead of me. I don't know where Lee and Henry Zornes were. I didn't take any hand in the fuss, and didn't draw a gun on Henry Zornes or anyone else, or strike or threaten to strike anyone. I had no idea there was going to be any trouble and did not encourage or egg it on. On cross examination he said he came by the Zornes home that evening before Roy did. It was about 5 o'clock. Was in the road when he saw Lee Zornes and he was just over the fence in the yard. Asked him if he had any whiskey. Was at my home in the yard when I heard the singing over southwest of Zornes'. It is about a quarter of a mile from me. When I picked up the gun it was on the floor, don't know just where. Hugh Teale had been out two or three minutes before we went out. Henry was by the flower stand when Tom knocked him down. The second time he knocked him in the kitchen. When I went out the house I went southeast to the lane, stayed there 5 or 10 minutes Don't know where Henry and Lee Zornes were. Didn't see them any more that evening. Clarence and Tom Young were south and west of the barn. I don't know what become of the shells I threw on the floor. I didn't pick them up. Left them there on the floor. Mrs. Zornes was in the house when I went out. Did not see her after that. Did not see her out of the house. Don't know anything about what occurred north and west of the house. I only heard them cussing. The defendant admitted he had been convicted of a felony. On re-direct examination said Lee Zornes did not open the east door and tell him to get out. Saw Mrs. Zornes have the poker in her hands. She was standing in the archway of the bed room cussing. She made a move at my brother Tom and he threw the bicycle pump at her. Did not see him throw anything else at her. On re-cross examination he said that she was in the northeast room at that time. MRS. ISAAC WEST. testified that she was acquainted with the general reputation for morality of Lee and Henry Zornes, and Tom Phillips, and that it was bad. Had known Tom Phillips for 10 years. On cross examination she said she was the same witness who was on the witness stand Saturday. MISS BESSIE LEE. testified that she had known the Zornes all her life, and lived two miles from them. That the reputation of Lee Zornes, Henry Zornes and Tom Phillips for morality and truth and veracity was bad. On cross examination said she was 18 years old, and when asked to tell what the word veracity meant, could not answer. WALTER BRINER. was asked about the reputation of Henry Zornes for morality, but said he did not know much about him. Dr. B. L. EIKER. recalled, testified that it would take a heavy blow to produce fractures of the skull like those found on the skull of Mrs. Zornes. That they could not be inflicted with alight instrument. That with a heavy club or board it would be possible to mash in the skull. That he found the muscles of Mrs. Zornes well developed and her hands calloused. On cross examination he said she was not a heavy boned woman, was 5 feet, 7 inches in height. that fractures in the skull might be caused by two lick, as apt as one. That he also found a bruised upper (Continued on Page 5.) [Page 5] and lower eye lid. When shown the bent bicycle pump said it was possible but not probable that it could be so bent by striking a person over the head. Dr. H. R. LAYTON. recalled for further cross examination said bruises on limb and foot did not amount to very much. That it would not take much of a blow with a club such as introduced as an exhibit to crush in the skull. A heavy blow would mash it. If the club was held so as to strike the skull closer to the hands it would not crush it so bad. A. H. TEALE. of Kellerton, testified he was the father of Clarence and Hugh Teale. He was at the Zornes place the day of the postmortem, and saw a large number of sticks, boards, stones and irons lying around in the northwest, north, west and southeast part of the yard. On cross examination said he could pick up a stick in most any direction. W. L. COX. of Kellerton, also testified to seeing sticks, stones, boards and pieces of limbs in the yard. TOM YOUNG. farmer and lived with his father 1/4 mile from the Zornes place. Last December was working for Clarence Teale, shucking corn, and stayed at the Teale home. On the evening of December 7, 1910 he went to DeKalb and came back about 8:30 with some groceries. Didn't see Roy or Ed Young that day. Clarence and Hugh Teale were at home when I got back. We got supper and Clarence asked if Zornes had husked out his corn and he was told he had not. We went to Zornes' about 9:30, Clarence, Hugh and myself. Clarence and I stopped at the gate to answer a call of nature. Hugh went on to the house. We followed in about a minute. We knocked on the southwest door and some one said go around to the east door and we did so. When we went in Clarence walked over to Hugh and said something about breaking a limb in his flank, and Hugh said he had better try it on. Zornes pushed out a chair and said take a chair. Clarence was in a good humor. Clarence sat down near the east door. He took of his heavy duck coat and laid it down. Clarence had been wearing the cot as an overcoat. After he sat down I sat on the sewing machine and picked up a bicycle pump and was making a peculiar noise with it. Clarence made some remark that that was a noise like Hugh made at the supper table, and Mrs. Zornes said is that you Teale, and he said, excuse me, I did not know you were here, and that he did not usually make that kind of talk in the presence of ladies. Mrs. Zornes said never mind that. I think Clarence said is Ora (sic, should be Oria) here, and Mrs. Zornes answered that she was up to Canaday's shucking corn to make some money for herself, and that she got five cents a bushel. Clarence said she needn't of gone that far away from home, that he would of given her more than that to husk corn for him. Clarence told Zornes he would like for him to get his corn out the next day as Ramsey wanted to turn in his cattle, and Zornes said he would get it out as soon as he could. Clarence said that if he would bring down his boys the next day he could get it all out by noon. Zornes asked him something about where his cook was, and Hugh bowed his head and said allow me to present the only cook that has been down there since I have been there. Mrs. Zornes said she didn't mean him, she meant Jane Young. Clarence said there had been a good bit of talk going around, and he believed it started from that hill. Mrs. Zornes said he was a d___d liar, and he said that anybody that said that was a _______. She yelled at Lee to get the gun and shoot the s______b. Lee got the gun and said you s_____b, move and move fast I'm going to kill every one of you. I jumped and knocked him down. He grabbed again for the gun and I knocked him out in the kitchen. Tom and Henry Phillips wet (sic) out the southwest door together. Henry Zornes grabbed for the gun and I struck him and then struck him again and knocked him out in the kitchen. Mrs. Zornes was waving the poker and yelling kill the s_____bs. She came around the stove with the poker raised and I thought she was going to throw it at me and I threw the bicycle pump and hit her. I was afraid she would hit me with the poker. I would not have thrown it had I not thought she was going to hit me. I hit her in the face. I didn't throw the stove hearth at her. I couldn't say who got the gun, Ed Young or Hugh Teale, but one of them got the gun and broke it and threw the shells out on the floor. I pulled my coat off and had it on my arm or in my hand as I started out the southeast door. Hugh Teale went out a little before we did. I think perhaps one of the little boys was in there after I hit Henry. I could not swear which one. I didn't see Roy have the poker. When we were in the kitchen Hugh Teale called don't come out. We were then on the door block. As I stepped out Henry Zornes says let me at the s_____b, let me kill him. He hit me and knocked me up against the house, and as I got up he hit me the second time. I went north and he followed me. I had no weapon of any kind. He followed me west and northwest of the house. He knocked me down again, and I raised up with a board in my hands three or four feet long. Some one hit me on the left arm. I struck at him as hard as I could. I struck Mrs. Zornes. I think it was her. They were both striking at me. Henry ran northwest and I took off northwest toward the barn. Henry crawled through the fence north of me. Clarence and Lee were having a scuffle, and Clarence kicked him through the fence, and we followed them around the barn. They were quite a ways ahead of us. I had no weapon when we followed. I did not strike the party northwest of the house with the idea of killing them. There were two on me and I wanted to get out of there. I believed they would kill me. That is why I struck. Roy and Ed Young and Hugh Teale came down and got through the fence where we were. We stopped about the same time they came through. Had known Mrs. Zornes all my life, and knew she was a vicious, dangerous woman who would use a weapon in a fight. I believed when she motioned with the poker that she intended to do me a great injury. That she would kill me if she could. It looked that way to me. I made no statement such as come on Teale let's get the rest of them, or anything like that. Did not make any statement about let's go back and finish the b_____h. I didn't hear any such statement. I first learned she had been badly hurt when Roy came down and she was bad hurt and for us to stop and go home. I think my coat was dropped between the well and the cave, where I was first hit. The witness produced the shirt he had on that night which was torn and showed some blood spots on it. Said it was torn during the fight. Henry and Mrs. Zornes struck me quite a few times on the head, and there was a place cut open on my head which bled some. There were bumps on my head where I was hit. I was hit several times on the body. My left arm was bruised and the skin knocked off. I struck Mrs. Zornes and used my right hand in doing so. I was facing north and she was facing me. Roy told me she was bad hurt, and who Lee said do it. After we got our coats we went down to Teale's. Hugh and I hitched up the team and went to Kellerton in a buggy. I had intended gong to Kellerton on Saturday. I did not intend to go any farther. I didn't want to stay there because they were a hot headed bunch in that neighborhood and I didn't feel safe. On cross examination he said he went by his father's in gong from DeKalb to Teale's. It was about 8:30 when he got there and they stayed there an hour or longer. Ed came to Zornes' about 20 minutes or longer after they went there, and the trouble had started before he came, that is the conversation about the cook between Mrs. Zornes and Clarence Teale. Ed leaned up against the sewing machine. Jane Young is my sister. Mrs. Zornes said Dick Pray told her she was cooking there and she believed him. She said Teale was a d____d liar and for Lee to get the shot gun and kill these s_____bs. When Mrs. Zornes said that Lee was on the other side of the room. He didn't have his foot on the stove hearth. I knocked Lee down twice and then knocked Henry down twice. Don't know whether Ed Young or Hugh Teale got the gun, they had it between them. Lee and Henry Zornes and Tom and Henry Phillips has all gone out the southwest door. We didn't go out the east door but the five of us followed out the southwest door. The two Phillips boys run out before the fight commenced. We had knocked Lee and Henry out the door. Mrs. Zornes was standing by the side of the stove and Henry and Lee had left the room. After every man of the house had left I hit Mrs. Zornes with the bicycle pump. Henry's mother joined him northwest of the house. I could not tell the exact place. I struck Mrs. Zornes with a board 2 1/2 or 2 feet long. Don't know what kind of board it was. I never told anyone about it the next day or told them to look for it. Henry ran when I knocked his mother down. I didn't see her get up. After Henry had driven me north he run. Clarence Teale and Lee Zornes were fighting down below. I did not see Willie or Elzie Zornes or either of the Phillips out there. I ran northwest. Henry and Lee Zornes were ahead of Clarence Teale and me. When we stopped they were ahead of us. They went on south and east toward the house. I was taken into custody the next day and have been in jail ever since. I am one of the defendants in this case, but am not being tried at this time. All five of us, Clarence and Hugh Teale, Ed and Roy Young and myself have been in jail together ever since we were arrested. On redirect examination said he had no attorney employed until January of this year. CLARENCE TEALE. the defendant took the stand and said he was 36 years of age, a farmer, and had lived in Long Creek township for nine months prior to last December. Live 3/4 of a mile southwest of Zornes. There was a road through the fields between their houses which was generally travelled (sic). Had been at the Zornes home quite often. had rented Lee Zornes 2 or 3 acres of corn land and 2 acres which he had in cane. Had a conversation with Kauffman about putting up a gate or fence between Zornes and his place on the road. The gate there had been broken down and I spoke to Zornes about driving over it and breaking it, and I finally did nail it up. I probably told Kauffman that Zornes might get sore at me as they hauled water from my place. Mrs. Zornes came to me and wanted me to put a padlock on it and give her a key. On the evening of December 7, 1910, I came home between 8 and 9 o'clock. My brother, Hugh, and Tom Young were working for me, Hugh about a month and Tom about a week, shucking corn. Tom came home about 20 minutes after I did . He put his team up and came to the house and we got supper. I asked the boys before supper if Zornes had been down and shucked his corn and learned he had not. It was 9:30 or later when we started to Zornes. We were singing. We would pass through a wire gate southwest of the house going by the road from my house to Zornes. When we got to the gate Tom and I stopped to answer a call of nature, stopped about a minute and Hugh went on to the house. Tom and I went on to the house and I rapped at the southwest door. Somebody said to go around to the east door. Levi Zornes as standing in the door and said for us to come in. Hugh was standing in the south part of the room. I walked up to him and told him I had a notion to crack a limb in his flank for running away from me, and he said to try it on. Mr. Zornes offered me a chair, shoved it out with his foot. The room was warm and I took off my heavy duck coat and threw it over a stool and sat down. Tom Young leaned against the sewing machine to the southeast of me. He had a bicycle pump and the first I noticed him with it he punched me in the back and said something. He was making a peculiar noise with the pump, and I said something about it being a noise like Hugh made at the supper table. Mrs. Zornes spoke up from the bed room and asked if that was me. I said excuse me, I didn't know you were there, as I don't often speak that way in the presence of ladies. I asked if Ora (sic, should be Oria) was there and Mrs. Zornes said she had gone up to Canaday's to shuck corn and was getting 5 cents per bushel. I said, thunder, she needn't have gone that far from home, as I would have given her more than that. I told Mr. Zornes we would shuck out our corn the next day and wanted him to get his corn out, as Ramsey wanted to turn in his cattle, and that if he would bring all the boys down the next morning he could get it out by noon. He said he would come when he could. I told him they could get done in half a day, by noon. Mrs. Zornes spoke up and said, Teale, what are you fellows doing for a cook down there. I hear your cook is gone. Hugh made a bow and said allow me to present the only cook we have had since I've been there. She said, I don't mean you, I mean the other cook, Jane Young. I understand she has gone and got married. I said there had been a good bit of talk going on and that I believed it originated on that hill. She said you're a d_____d liar. That Dick Pray had told her and she believed it. I said that anyone who said that was a ________. She yelled at Lee to get the gun and kill the s______. Lee started southeast towards the gun. I was directly in front of the east door. Zornes made no attempt to open the east door. He was reaching for the gun and said you s____ go, and go quick. I'm going to kill you all. Then Tom and Henry Phillips ran out of the southwest door to the kitchen. Tom Young ran over there and as Lee raised the gun Tom struck the gun and it fell to the floor. Lee tried to pick it up and Tom struck him again. Then Henry Zornes grabbed for the gun and tried to raise it and Tom hit him. He fell toward the kitchen door, and went in there pretty quickly. At this time Mrs. Zornes was cussing and swearing. Wanted Lee to kill the s_____. She stepped to the north side of the stove. Saw her with the poker in her hand step to the southeast corner of the stove, and drew the poker back, threatened to strike Tom Young, and he thew the pump and hit her. Roy Young had no poker in his hand that I saw. The gun was picked up by Hugh Teale or Ed Young and when I turned around Ed was throwing the shells on the floor. I don't know where Willie Zornes was. I think he went out the door with the Phillips boys. Shortly after we went in the kitchen, and when we went in the kitchen I think Mrs. Zornes was standing in the double door and had the poker in her hand. When we went out the door Hugh said, boys, don't come out. There was some other talk out there. Roy and Ed Young had hold of Tom. Henry Zornes said, there's the d___d s____b, let me kill him, and hit Tom with a club. Tom went west and north between the well and the cave. I was hit over the head with a club by Lee Zornes. I was making for the west. That was the way to get out and get in the clear, and to get away and get home. They drove us to the north. Lee was following me to the northwest. I was trying to defend myself. I think I struck him as we were going back to the fence. I had no weapon in my hands that night. He had a club and I tried to jump in and he threw the club. Then I hit him and kicked him through the fence. Tom Young came up and Henry Zornes went through the fence and due west. We went to the northwest corner of the barn. Neither Tom Young or I had any weapon. We went a little south of the crib before we stopped. During this fight Tom Young didn't say, come on Teale here goes the rest of them, or anything about going back and finishing anybody. There were no threats made by me or Tom Young. There were no threats made by me or Tom Young. I heard no threats made by any one except Henry Zornes. Hugh Teale, Roy and Ed Yong took no part that I could see. Ed Young didn't point the gun or threaten to shoot anybody. I didn't feel along the west side of the house. Didn't go along close to it. Don't know where I left my coat, as it was a pretty exciting time. Mrs. Zornes was standing in the double door the last time I saw her. I did not see her outside. I did not strike Mrs. Zornes or anyone that night with a club. I struck no one but Lee Zornes. Roy Young went back to the house to get our coats. Hugh Tele, Roy and Ed Young came to Tom and I about due west or a little south of the house. I think Tom and I had stopped before they came through the fence. Roy Young said he lost his cap and went back to look for it. He went to the house and brought our coats. He said let's go home, that woman's badly hurt. At that time I did not think she had received any lick except the one in the house. Did not know any one had struck her outside the house. I think High told me the first. I did not know she had been outside the house. I was arrested the next morning by John Brown and others. I told him a man accused of such a crime was not safe in that neighborhood, and wanted him to take me to DeKalb and then to Leon. He asked me where Janie was and I told him she was married. I told him that Roy and Janie had ha a few words about this party. I said I supposed that if Janie had been at home I would not of been at Zornes' as it was my custom to be up at Mr. Young's when she was there. We had no other conversation except as I have stated. I told him I went up to Young's and stayed there all night, but don't know as there was any other talk. I had no idea there would be any trouble at Zornes'. I had no ill will toward Mr. or Mrs. Zornes or Henry Zornes. It was a dark night no moon shining, and there was a bank of clouds in the northwest. I could not distinguish a person any distance after came out of the Zornes house that evening. On cross examination said they had been in the house 5 or 10 minutes when I first noticed Tom Young with the bicycle pump. All the business I had at Zornes' was about the corn. Lee Zornes stood with his foot on the stove hearth. I was east of the stove. I think Tom Phillips was sitting on the floor a little south and east of the middle of the room. When I got up off my chair I just stood still. I didn't see Tom Young knock Lee down but once. Roy Young got down behind the stove. Mrs. Zornes came to the double door and about that time got the poker. The first I saw her with the poker was when she stepped to the south side of the stove. I think Roy had got up. Tom and Henry Phillips had gone out and I think Willie Zornes had gone out. All four of us went out the southwest door. Tom was just coming out of the southwest door when Henry Zornes hit him. I was just stepping out when Lee hit me. I was the last man out of the house. Lee Zornes was south and west of the door, within striking distance. I made no effort to go back in the house. I didn't want to go back in there where I saw the woman making demonstrations. I wanted to get out and go home is the reason I went out the southwest door, and it was open and the east door was closed. I was just stepping out of the door when Lee hit me. We fought northwest and I think I struck and kicked him through the fence. When Henry Zornes went through the fence Tom Young was right by me. I didn't see anything Ed or Roy Young or Hugh Teale did out of doors. I didn't know Mrs. Zornes had been struck when I had the talk with John Brown. I saw her hit with the bicycle pump in the house. I don't know whether it knocked her down or not. The first I knew about what Tom Young and Henry Zornes had been doing was when we all got together down below the barn. We stayed there only a short time after Roy came back, and then we all went down to my place. Roy came back up to Zornes', then came back to my house. Hugh and Tom went away in the buggy. Roy, Ed and I went to Young's and stayed all night. On redirect examination said he usually went in at the southwest door when he went to the Zornes place, and that he always rapped. FRED FRY. testified that he lived in Long Creek township, 1 mile from Lee Zornes, but when questioned said he could not say that his reputation for truth and veracity was bad. W. H. COLLINS. said he lived in Richland township, 9 miles from Levi Zornes, and that his reputation for truth and veracity was bad. L. D. LILLIE. of Kellerton, said he had known Clarence Teale for 29 years, and his reputation as a peaceable, quiet citizen was good. AARON PEASLEY. of Kellerton, said he had known Clarence Teale for 14 years and his reputation as being a peaceable citizen was good with a few exceptions. W. L. COX. living in Kellerton, said he had known Clarence Teale for 14 years and his reputation as a peaceable citizen was good. JOHN CECIL. living at Kellerton, said he had known Clarence Teale for 30 years, and his reputation as a peaceable citizen was good. On cross examination he admitted he knew of a few difficulties he had when drinking. FRANK BURNS. living at Kellerton, had known Clarence Teale for 10 or 12 years, and his reputation as a peaceable citizen was good. At this point in the trial the court ruled that all the evidence of Henry Zornes in regard to Roy Young having tried to borrow or rent his shot gun, and as to Roy Young having wanted to trade revolvers that evening should be ruled out, as the state had failed to introduce evidence showing conspiracy. PAUL E. HUBBELL. editor of the Grand River Local, said he knew Tom Phillips and had a conversation with him at the Zornes home the next day after the murder, in which he said that he and Henry Phillip went out together. On cross examination he said his memory was refreshed on reading the article in his paper which was written soon after he had the talk with Tom Phillips. At this point the defense closed its testimony in chief. MISS BESSIE LEE. recalled by the state said she had been in attendance at the trial since last Thursday. Denied that she made the remark on Friday or Saturday in the presence of Mrs. Wm. Owens and Mrs. Geo. Myers, in the court room that she would swear to anything to help the boys out and keep them out of the penitentiary. Said she didn't know these people. Did not have any such conversation. Don't know the Teale boys. CLARENCE TEALE. recalled for further cross examination said that after leaving the home of justice Brammer he did not make the statement in the presence of Harrison Brown, John Brown and others, that a bad mistake was being made in not taking him to Leon when W. H. Shields drove up with his auto. On cross examination he said that a man accused of that kind of crime was not safe in that community. At this point the court decided that the motion to strike all the testimony introduced by the defense in regard to Mrs. Zornes being a vicious, blood-thirsty, dangerous fighting woman, which was allowed to go on in the statement of the defense that they would show self defense, should be sustained, as they had not made any showing or claim of their defense in their testimony, and had claimed that the defendant did not strike Mrs. Zornes, and instructed the jury that they should not consider this evidence. ~~~~~~~~~~~~~~~~~~~~~ STATE'S REBUTTAL EVIDENCE. ___________________ JOHN WEST. 25 years of age, a nephew of Isaac West and wife, testified that the reputation of Isaac West and his wife for truth and veracity was not good. On cross examination said his father and I. W. West had lawed over an estate but that he had only friendly feeling toward his uncle and wife. CLYDE BLADES. living 1 3/4 miles from I. W. West all his life, said their reputation for truth and veracity was not good. That their reputation for morality was not god (sic). CHARLES WILSON. a farmer living 1 1/2 miles from I. W. West, said the reputation of Mr. and Mrs. I. W. West for truth and veracity and for morality was not good. GEORGE SOUTH. a farmer living now 2 miles from I. W. West, but formerly lived on an adjoining farm, said that the reputation of Mr. and Mrs. I. W. West for truth and veracity, and morality was not good. J. W. WELLS. a farmer living 1 3/4 miles from I. W. West, testified that his reputation for truth and veracity was not good, also the same was true of Mrs. West. That I. W. West's reputation for morality was bad, but knew nothing about Mrs. West. STEWART GLENN. a farmer living in Long Creek township testified that the reputation of I. W. West and wife for morality was bad. JAMES OWENS. living in Long Creek township, was at the Zornes home the day after the murder and said there were some sticks and boards, not many, west and northwest of the house, and around the barn. He saw two boards there, but no sticks of wood. He found the club introduced in evidence while making an examination of the premises. Had known Lee Zornes for four years and his reputation for truth and veracity was good. That Henry Zornes' reputation for truth and veracity was good. ISAAC BLUNT. a farmer living in Long Creek township, 2 1/2 miles from the Zorns home said Lee Zornes' reputation for truth and veracity was good. Knew Tom Phillips and his reputation for truth and veracity was good. Mrs. WM. OWENS. living in Leon testified that she knew Bessie Lee by sight and heard her say in the court room that she would do all she could to keep the boys from going to the penitentiary. Was sitting in front of her in the court room. On cross examination said her brother married a sister of Mrs. Zornes. MRS. GEORGE MYERS. of Leon testified she heard Bessie Lee make the remark in the court room Friday or Saturday that she would do anything to help the Young boys. Sat in front of her and turned around when she heard the remark to see who it was. She said they had been walking and went past the jail and had a conversation with the boys. Hugh Teale especially. That she would swear to anything to clear the boys. STEWART GLENN. testified that he had known Tom Phillips for five or six years and his reputation for truth and veracity was good. FRED FRY. testified that he lived in Long Creek township, had known Tom Phillips for five or six years and his reputation for truth and veracity was good. LEE ZORNES. testified he heard the testimony of Roy Young and the other defendants and said there was no poker playing at his house that night. No card in the house that he knew of. Denied the statement testified by Hugh Teale about breaking up the game. Denied that his wife called Clarence Teale a s____. She didn't tell me to get the gun and kill the s______. I didn't get my hands on the gun. My wife didn't have the poker in her hands that I seen. I did not strike Clarence Teale or drive him anywhere. Did not see Ed Young at my house that evening about 5 o'clock, and denied the conversation testified to by him in regard to whiskey. Hadn't seen Ed Young for some time and don't speak to him. I never told Roy Young that Tom Young struck my wife. HENRY ZORNES. said he heard the testimony of Tom and Roy Young. My mother did not have the poker in her hands that I saw. Father did not have the gun in his hands. Tom Young didn't knock it out of his hands. I did not chase Tom Young anywhere. Did not see his mother strike Tom young on the arm. I was not nearer to her than 46 feet after she went out of the house till we brought her in. Denied being where Tom Young struck his mother. JAMES BLUNT. testified that he had known Lee Zornes for 15 years and his reputation for truth and veracity was good. Knew Tom Phillips and his reputation for truth and veracity was good. CHARLES SOUTH. testified that he lived in Long Creek township, and remembered the night of Dec. 7, 1910. Was at an oyster supper at Round Knoll church and drove to the Zornes home after that. Didn't recollect whether it was foggy or not. MORRIS GARDNER. testified that he was local U. S. weather observer at Leon, and hi records showed that at 6:45 p.m., on the night of Dec. 7, 1910, it was clear, and his records for that day were introduced in evidence. O. E. HULL. of Leon, testified that he remembered the night of Dec. 7, 1910, and at 10 o'clock that night it was clear. FRANK MILLER. a farmer living in Long Creek township, had known Tom Phillips for 10 years and his reputation for truth and veracity was good. At this point the state rested their case. ~~~~~~~~~~~~~~~~~~~~~ DEFENDANT'S REBUTTAL. ___________________ E. O. STEARNS. a banker living at Van Wert, said he had known Isaac West and wife for 15 years and their reputation for truth and veracity and for morality was good. W. F. BLAIR. a merchant at Van Wert, said he had known I. W. West and wife for 30 years and their reputation for truth and veracity and morality was good. E. W. TOWNSEND. a banker at Decatur City, testified he had known I. W. West and wife for a number of years, and that their reputation for truth and veracity and morality was good. LESTER GOULD. of Van Wert, said he had known I. W. West and wife for 35 years and that their reputation for truth and veracity and morality was good. A. B. WILSON. a farmer living at Van Wert, said he had known I. W. West and wife for many years and that their reputation for truth and veracity and morality was good. This was the last witness in the case, and at 4 o'clock on Tuesday evening the court discharged all the witnesses in the case, and after a recess of twenty minutes the arguments were comenced (sic). Transcription by Sharon R. Becker, March of 2015 |
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The Leon Reporter Leon, Decatur County, Iowa Thursday, April 06, 1911, Page 6 INSTRUCTIONS TO THE JURY AND MOTION FOR NEW TRIAL IN THE TEALE CASE. ________________________ Gentlemen of the jury: The State asks the conviction of the defendant Clarence Teale, upon the charge of Murder in the First Degree, the indictment in substance alleging: The said Clarence Teale, Hugh Teale, Tom Young and Ed Young, on or about the 7th day of December, A. D. 1910, in Decatur County, Iowa, did, in and upon the body and person of one, Bertha Zornes, then and there being, wilfully (sic), feloniously, deliberately, premeditatedly, and of malice aforethought, commit an assault with a deadly weapon, or weapons a more particular description of which is to this grand-jury unknown, then and there being held in the hands of the said Clarence Teale, Hugh Teale, Tom Young and Ed Young, and then and there the said Clarence Teale, Hugh Teale, Tom Young and Ed Young did, with the specific intent to kill and murder the said Bertha Zornes, wilfully, feloniously, deliberately, premeditatedly, and of their malice aforethought, strike, beat and bruise the said Bertha Zornes upon the head and body thereby wilfully, deliberately, premeditatedly, and with their malice aforethought inflicting upon the head and body of the said Bertha Zornes a mortal wound, of which mortal wound the said Bertha Zornes did then and there die, contrary to law. To this charge and indictment the defendant, Clarence Teale, has entered his separate plea of not guilty. The jury are instructed that upon the indictment herein set out, that the defendants have demanded separate trials, which under law they have the right to demand, and the state has elected to try the defendant, Clarence Teale, and your sole inquiry at this time should be as to the guilt of innocence of the said defendant, Clarence Teale. No. 1. The court instructs the jury that before you can convict the defendant of the crime charged, the state must show that the defendant did, at and within the County of Decatur, and State of Iowa, prior to the finding of the indictment of this case, which was on the 28th day of January, 1911, commit the crime of murder (or any lesser crime included therein), as charged in said indictment. No. 2. The court instructs the jury that it is incumbent upon the state to prove every material allegation of the indictment as therein charged. The law raises no presumption against the defendant, and nothing is to be taken by implication against him. He is presumed innocent of the crime with which he is charged until proven guilty beyond a reasonable doubt; and in order to convict him of the crime charged in this indictment (or any lesser crime included therein), every material fact necessary to constitute such crime must be proven beyond a reasonable doubt; and should you entertain a reasonable doubt upon any single fact or element necessary to constitute the crime, it is your duty to give the defendant the benefit of that doubt and acquit him. No. 3. The jury are instructed that the reasonable doubt which entitles the accused to an acquittal, is a doubt of guilt reasonably arising from all the evidence in the case. And, in considering this case the jury should not go beyond the evidence to seek for doubts; nor should you entertain such doubts as might arise from mere caprice or groundless conjecture. A doubt to justify an acquittal must be a reasonable one, and must arise from a candid and impartial consideration of all the evidence in the case. It should be such a doubt as would cause a reasonable, prudent and considerate man to hesitate and pause before acting in the graver and more important affairs of life. If after a careful and impartial consideration of all the evidence in the case, you can say and feel that you have an abiding conviction or the guilt of the defendant, and are fully satisfied of the truth of the charge, then you are satisfied beyond a reasonable doubt. No. 4. The crime charged against the defendant in the indictment is murder. It will be, therefore, necessary for the court to define that crime as it is known to our law, and as applicable to the case at bar. Whoever kills any human being with malice aforethought, either express or implied, is guilty of murder. Malice aforethought is a necessary ingredient in the crime of murder, either in the first or second degree, and must be established by the state before you would be justified in finding the defendant guilty of murder of either degree. By malice is meant not only anger, hatred and revenge, but any other unlawful and unjustifiable motive. It is not confined to ill will against the individual, but it is intended to denote an action flowing from any wicked and corrupt intent. An act done with a wicked mind, and attended with such circumstances as plainly indicate a heart regardless of moral and social duties, and fully bent on mischief, indicates malice within the meaning of the law. No. 5. Malice aforethought may be either express or implied. Express malice means a settled purpose and design to commit the offense in question, and must be shown by proof of that fact directly and without inference. It may be proved as generally understood by expression of hatred, threats and the like. Implied malice means that which may be inferred, or presumed, from the acts and the facts shown. Thus, where a wanton, wicked, cruel, or revengeful act is shown, the inference or implication may be drawn that the person who did such act was actuated by malice. And where one person assaults another with a deadly weapon, and death results, the law presumes malice from that fact alone, in the absence of proof, either directly or implied, to the contrary. The selection and use of a deadly weapon, such as a heavy club, or board, in a deadly manner, without legal excuse, raises a presumption, and is evidence of malice. No. 6. The word "aforethought," used in connection with the word malice, in our law, means, simply, thought-out, or conceived beforehand. It indicates purpose and design. But it is not necessary that such malice should have existed for any considerable length of time to constitute malice aforethought within the meaning of the law. It is sufficient if it exists for any length of time before the commission of the act. No. 7. If you find and determine from the evidence, beyond a reasonable doubt, that the defendant, Clarence Teale, did, on the 7th day of December, 1910, kill Bertha Zornes, a human being, in Decatur County, Iowa, as charged in the indictment, with malice aforethought, either express or implied, as heretofore explained in these instructions, he is guilty of murder, and the degree thereof will be determined by you under the law, as hereinafter explained in these instructions. No. 8. Murder is of two degrees, first and second, and if you determine the defendant guilty of murder, it will be necessary for you to determine and return as part of your verdict the degree thereof. All murder which is perpetrated by means of poison, lying-in-wait, or any other kind of willful, deliberate and premeditated killing, or which is committed in the perpetration or attempt to perpetrate any arson, rape, robbery, mayhem, or burglary, is murder in the first degree. No. 9. By the word "wilful" as used in these instructions, is meant simply, intended; and a willful killing is simply an intended killing. As applied to the case at bar: If you find from the evidence that the defendant, Clarence Teale, killed said Bertha Zornes and that he did so intentionally, having that design and purpose in his mind at the time he did the act, that would constitute a willful killing within the meaning of the law. No. 10. By the word "deliberate" is meant, reflected upon, considered. It is not necessary that it should have been reflected upon or considered for any particular length of time, but it should precede the act. As applied to the case at bar: If you find from the evidence that the defendant, Clarence Teale, killed the said Bertha Zornes and that such killing was considered and determined prior to the act, then such killing would be a deliberate killing within the meaning of the law. No. 11. By the word "premeditated" is meant, planned, contrived, or schemed. And as to the requirement no particular length of time is required. It is sufficient if the act was planned, contrived, or schemed and determined upon prior to the act. As applied to the case at bar: If you find from the evidence that the defendant, Clarence Teale killed said Bertha Zornes, that such killing was planned, contrived or schemed and determined upon before the act, then such killing was a premeditated killing within the meaning of the law. No. 12. If you find the defendant, Clarence Teale, killed the said Bertha Zornes either by lying-in-wait, as before explained, or in any other manner, and that said killing was willful, deliberate, and premeditated, and of his malice aforethought, as heretofore explained in these instruction, then the defendant would be guilty of murder in the first degree, and you should so return. If you find the defendant guilty of murder in the first degree, it will be your duty to fix his punishment in your verdict, which should be either death or imprisonment for life, at hard labor in the state penitentiary, as you may determine. No. 13. If you find the defendant guilty of murder in the first degree, as before stated, it will be your duty to fix and determine his punishment, which must be either death, or imprisonment for life in the state penitentiary. And your discretion is absolute upon that matter. There is no law which determines or advises you when, and under what circumstances, and in what cases it would be proper for you to inflict one or the other. That must be determined by you under your oath as jurors, and in accordance with the solemn dictates of your conscience in the determination of your duty. Transcriber's Note: In 1911, mandatory sentencing was not in effect in Iowa. No. 14. The jury are instructed that the charge of murder in the first degree, includes, also, murder in the second degree, and manslaughter. It will be necessary for the court to define those crimes as they are known to our law. You may find the defendant guilty of either of the crimes so included in the indictment, or you should find the defendant not guilty. If you have any doubt of the crime proven, or the degree thereof, then you should only convict him of that crime, or degree, of which you are abidingly satisfied he is guilty. If you should find the defendant not guilty of murder in the first degree, you should next consider the crime of murder in the second degree. No. 15. Whoever commits murder as defined in these instructions in any other manner than as described in these instructions as constituting murder in the first degree, is guilty of murder in the second degree. Malice is an essential ingredient of murder in the second degree. To constitute murder in the first degree, the killing must be willful, deliberate, and premeditated; all of these must concur to constitute that crime. But in murder in the second degree some of these elements may be absent. It need not be willful; that is, the specific intent to kill need not be shown. And deliberation and premeditation are not required. Any killing with malice aforethought, either express or implied, other than murder in the first degree, constitutes murder in the second degree. As applied to the case at bar: If you find the defendant, Clarence Teale, killed the said Bertha Zornes, with malice aforethought, either express or implied, and that he did not kill her in a willful, deliberate and premeditated manner, he would be guilty of murder in the second degree, and you should so find. But if you do not so find, you should acquit him of murder, and next consider the charge and crime of manslaughter. No. 16. Manslaughter is the unlawful killing of a human being without any malice, either express or implied. Murder is a felonious killing of a human being with malice. Manslaughter is the felonious killing without malice. It may be either voluntary, as where the killing is intended, but the act is committed in the heat of passion, induced by some great provocation which the law in tenderness for the frailty of human nature considers sufficient to palliative the degree of crime; or, involuntary, as where the death of another is caused by an unlawful act not amounting to a felony and not accompanied with any intent to take human life. No. 17. The intent with which an act is done, is an act or emotion of the mind, seldom, if ever, capable of direct and positive proof; but it is to be arrived at by just and reasonable deductions or influences, from the acts and facts proved, as the guarded judgment of a candid and cautious man would ordinarily draw therefrom. The law warrants the presumption or inference, that a person intends the results, or consequences, to follow an act which he intentionally commits, which ordinarily do follow such acts. If a person makes an assault on another, and death ensues, the presumption is warranted that he intended to commit murder, if there is no evidence tending to show that he intended a lesser injury. If you find the defendant committed the assault, it will be your duty from the evidence to determine his intent in so doing by the surrounding circumstances and all the evidence in the case before you which tends to show the intent. No. 18. The defendant has introduced evidence as to his reputation as a quiet and peaceable man prior to the time of the alleged offense. The jury has the right to consider the same as bearing on the general issue of the defendant's guilt or innocence. It is to be considered on the theory that men of quiet and peaceable disposition are less liable to commit crime than men of a quarrelsome disposition. It does not rebut the commission of the crime, except by inference, and may be considered by the jury in such light and for such reason. No. 18 1/2. In the case at bar evidence has been introduced as to certain admissions and statements made by the defendant and other witnesses outside of court different to what has been testified to from the witness stand. Neither admissions or statement made in conversations outside of court are alone sufficient to warrant the belief that the sworn statements made in court are untrue. The degree of credit and weight to be given to such admissions and statements depends upon the directness, accuracy and clearness with which they are heard, understood, remembered and proven. Statements made in ordinary conversation are the lowest class of testimony and are not considered satisfactory proof. No. 19. During the progress of this case evidence has been introduced touching the reputation of certain witnesses for truth and veracity in the community where they reside, and, also, as to the general moral character of certain witnesses. You are instructed that you have a right to consider such testimony as affecting the credibility of said persons as witnesses, and for no other purpose. No. 20. Evidence has been introduced before you tending to show that certain witnesses for the state made statements at other times contradictory to their testimony give in court upon the trial of this case. You are instructed that you may consider such testimony as bearing upon the credibility of such persons as witnesses, and for no other purpose. No. 21. The jury are instructed that they are the sole judges of the credibility of the witnesses. In determining their credibility you have a right to take into consideration their appearance on the stand and manner of testifying, their candor and fairness, or lack of these qualities; their intelligence, or want of intelligence; their knowledge of the matters of which they testify, or want of knowledge; their interest in the event or the suit, or want of interest; the relationship of the witness to the parties to the suit, if any is shown; their temper, feeling, bias, or prejudice, if any is shown; and to give such credit to the testimony of each witness as under all the circumstances such witnesses has shown himself entitled to receive. No. 22. The jury are instructed that they are the sole judges of the weight of the testimony. In determining what weight should be given to the testimony before you, you should consider the whole of the evidence, and all the facts and circumstances proved on the trial, giving to the several parts of the evidence the weight to which they are entitled. And it is your duty to reconcile, if possible, all the different parts of the testimony, and, if the evidence is conflicting, to carefully examine it in all its parts, in the light of these instructions, for the purpose of determining, honestly and dispassionately, the very truth of the matters at issue. And in determining any of the questions of fact presented in this case, you should be governed solely by the evidence introduced before you; you should not indulge in any speculations or conjectures as to what might have been proven, or what might be shown to be true; and all conclusions drawn by you should be based solely on the evidence before you, and not upon conjecture or speculation. Your verdict should be in writing, signed by your foreman, and should be in one of the following forms, to-wit: THE STATE OF IOWA vs. CLARENCE TEALE. We, the jury, find the defendant guilty of murder in the first degree, and fix his penalty to be death by hanging. Foreman. or; THE STATE OF IOWA vs. CLARENCE TEALE. We, the jury, find the defendant guilty of murder in the first degree, and find and fix his penalty to be imprisonment for life, at hard labor, in the state penitentiary. Forman. or: THE STATE OF IOWA vs. CLARENCE TEALE. We, the jury, find the defendant guilty of murder in the second degree. Foreman. or; THE STATE OF IOWA vs. CLARENCE TEALE. We, the jury, find the defendant guilty of manslaughter. Foreman. or; THE STATE OF IOWA vs. CLARENCE TEALE. We, the jury, find the defendant not guilty. Foreman. T. L. Maxwell, Judge. ~~~~~~~~~~~~~~~~~~~~~~ Motion to Set Aside Verdict and for a New Trial Comes now the defendant herein and moves the court to set aside the verdict rendered in the above entitled cause and for a new trial, on the following grounds, to-wit: 1st. For the reason that the verdict of the jury is contrary to the evidence and is contrary to the instructions of the court. 2nd. for the reason that the verdict is not sustained by the evidence. 3rd. For the reason that the verdict is the result of passion and prejudice, and is neither sustained by the evidence nor the law as given to the jury by the court. 4th. The court erred in not sustaining each and every objection made by the defendant upon the examination of the grand jurors, who, under oath, testified as to their qualifications to sit as such grand jurors. Such examination and the testimony of each of said grand jurors, the challenge made, the rulings of the court thereon, and the exception thereto, and the grounds of such challenges, fully appear in the minutes of the examination of each grand juror as kept by the official short-hand reporter in this cause. 5th. The court erred in overruling the motion of the defendant to set aside the indictment herein. The motion and evidence taken in support of said motion fully appear in the minutes of the proceedings had, as shown by the minutes and records of the official short-hand reporter in this case as taken down by him. 6th. The court erred in overruling each and every challenge made to the individual trial jurors in the empanelling of the said trial jury. Each of the said jurors was sworn to make true answers to all questions asked touching his qualifications to sit as such jurors. The answers and the challenges, the and the exceptions thereto, fully appear in the short-hand notes of the official short-hand reporter, who, under the orders of the court, took all of said testimony, together with the challenges, the grounds thereof, the rulings and the exceptions thereto. 7th. The court erred in overruling each and every objection made by the defendant to the testimony of each witness. The objections, the rulings thereon and the exceptions thereto, fully appear in the minutes of the official short-hand reporter in this case. 8th. The court erred in the refusal to sustain each and every objection made by the defendant to the testimony offered on the part of the state. The objections, the rulings thereon and the exceptions thereto, fully appear in the minutes of the testimony as taken down by the official short-hand reporter in this case. 9th. The court specially erred in permitting the state to introduce in evidence, over the objections of the defendant, the club marked Exhibit ___, for the reason that the same was not properly identified, that it was not found at or near the place where the deceased was killed, and that there was not sufficient evidence to warrant the introducing of the said club. Its introduction was prejudicial to the defendant. The defendant objected to the introduction of the said club. The court's rulings thereon, the exceptions thereto, fully appear in the minutes of the testimony as taken down by the official short-hand reporter in this case. 10th. The court especially erred in over ruling the defendant's objections to the introduction in evidence of the skull of the deceased, for the reason there was no controversy as to the death of Bertha Zornes, nor the fact that she was killed by a stroke on the head. That the introduction of the said skull was not necessary under the issues in this case and that there was no occasion for its introduction. That its introduction was in fact highly prejudicial to this defendant, and excited the passion and prejudice of the jury. That the defendant's objections to the introduction of the skull of Bertha Zornes, the ruling thereto and the exceptions hereto, fully appear in the minutes of the testimony taken down by the official short-hand reporter in this case. 11th. The court erred in giving each and every instruction in this case from number one to number twenty-two inclusive. Said instructions do not contain the law. That the defendant at the time of the giving of said instructions objected and excepted to the giving of each and every one of said instructions. The records of the official short-hand reporter in this case will so show. The defendant still excepts to the giving of each of said instructions. 12th. The court specially erred in giving Instruction No. 8, for the reason that the case does not contain the law in this case and injects into this case means of committing the crime of murder wholly unwarranted by any evidence in this case. The court instructs the jury that murder may be perpetrated by lying in wait, by poison, etc., or the perpetration or attempt to perpetrate any arson, rape, robbery, mayhem or burglary. That no such elements appear from the evidence in this case, and said instruction is therefore contrary to the law and prejudicial to the defendant, especially in connection with Instruction No. 12. That the defendant at the time of giving of said instruction objected and excepted thereto, and still excepts thereto. 13th. The court especially erred in giving Instruction No. 12, for the reason that said instruction does not contain the law in this case, and presents to the jury the question of the deceased being killed by the defendant while lying in wait or in an attempt to commit arson, etc., and the same was prejudicial to the defendant. That at the time the said instruction was given the defendant objected and excepted thereto and still excepts. [14th and 15th do not appear in the article as published.] 16th. The court especially erred in giving Instruction No. 18 for the reason that the same minimized the defense of previous good reputation as a peaceable, quiet citizen. that the same does not contain the law. That the defendant objected and excepted thereto, and still excepts. 17th. The court especially erred in giving Instruction 18 1/2 for the reason that the same is contrary to the law. That is specially had tendency to discredit the testimony of Miss Dora Dobson, who acted as official reporter for the county and took down the testimony on the preliminary, and who, after reading her short-hand notes and refreshing her memory, testified to what certain witnesses swore to on said preliminary. That said instruction should have informed the jury that if said statements were written down by the witness, etc., then it should have more or even greater weight and was not the lowest grade of evidence. That the defendant at the time the said instruction was given objected and excepted thereto and still excepts. 18th. The court erred in refusing to give Instructions Nos. 1, 2, 3 and 4 as requested by the defendant, as each of the said instructions contained the law and should have been given, and no other instructions were given fully covering the instructions asked. That the defendant, at the time the said instructions were asked, objected and excepted to the refusal of the court to give each and every one of the said instrctions, and the defendant still excepts to the failure and refusal of the court to give the said instructions. 19th. The court especially erred in refusing to give Instruction No. 1 asked by the defendant, for the reason that this case was tried, and the evidence introduced and the case argued, largely upon the question of conspiracy or of abetting in fact existed in this case so far as this defendant was concerned, and the failure of the court to give said instruction was prejudicial to the rights of the defendant and permitted the jury to consider the question of conspiracy and of aiding and abetting, when nothing of that kind was in fact involved in this case. That the defendant especially excepted to the refusal of the court to give the said instruction at and before the time the said instruction was offered and refused, and still excepts thereto. 20th. That the arguments made to the jury by the attorneys for the state were, upon request of the defendant, taken down by W. M. Hyland, official short-hand reporter in this case. That the court committed error in failing to sustain each and every objection that the defendant made to the remarks so made by the attorneys for the state in presenting the case to the jury, and in failing to instruct the jury that any remarks in regard to conspiracy in this case, or in regard to anyone aiding and abetting the defendant should not be considered by them. Said remarks, objections, rulings and the exceptions taken fully appear in the records of the said argumnts as taken down by the official short-hand reporter at the time the said were made. 21st. The defendant asks that the verdict be set aside for the reason that the attorneys committed prejudicial error in making statements in regard to conspiracy and aiding and abetting, to which the defendant at the time objected. The statement made, the objections thereto, the ruling thereon, and the exceptions taken, fully appear in the minutes of the official short-hand reporter who took down the addresses of E. H. Sharp and V. R. McGinnis, attorney for the state. 22nd. That the said V. R. McGinnis especially committed prejudicial error when he stated that Roy Young was not at his threshing machine the next day and did not do threshing at the place where he claimed he was to do it. That there was no evidence that he did not thresh at said place. That the defendant at the time objected to the said remarks and requested the court to admonish the said attorney not to make such remarks, as they were wholly unwarranted by the evidence The said remarks, the objections thereto, the court's rulings thereon and the exceptions thereto, fully appear in the minutes of the short-hand reporter in this case. 23rd. The court erred, under the issues and claim of the state, in not permitting the defendant Thomas Young to state that he told John Cecil and others at Kellerton, Iowa, before his arrest, that he, Thomas Young, struck Bertha Zornes in the house and out of the house, as the state was then contending that Thomas Young's testimony was a put-up job after he had been confined in jail for two months with Clarence Teale. The minutes of the testimony as taken down by the short-hand reporter show the offer of the testimony, the objections of the state, the ruling of the court thereon and the exceptions taken. In support of this motion the court is referred to by the affidavits hereto attached, and by reference made a part hereto. WHEREFORE, the defendant asks that the verdict returned in this case be set aside and a new trial granted. Transcription by Sharon R. Becker, March of 2015 |
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