Decorah public opinion., April 19, 1922, Image 1

About Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928

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Dccorolj Jab lie (Dpi uion. _
Vol. XXVIII.
Kneeskern Case is Drawing Big Crowds
ELMER VAN BROCKLIN ON STAND
, SINCE 4:35 MONDAY AFTERNOON
'Nine Witnesses Have Been Called By The State Since The
Trial Opened. Pat Fitzpatrick Called At 11:15, And He
Was Followed By Marshal Grimstad Of Ossian At 11:45.
Fifty-two Witnesses Have Been Summoned by the State.
Trial Will Perhaps Last Several Weeks. Marshal Grim
stad Is On The Stand Now.
THE JURY
L. G. McConaty, Soft Drink
dealer, Decorah.
John McCall, garage proprietor
and automobile dealer, Decorah.
Albert Rogen, farmer, Glen
wood Twp.
L. A. Ludden, farmer, Fremont
Township.
P. Hammervold, farmer, Fre
mont Twp.
L. K. Bjorgo, farmer, Highland
Twp.
C. O. Casterton, farmer, High
land Twp.
Carl Bolson, farmer, Glenwood
Twp.
Sidney Ruth, farmer, Pleasant
Twp.
Ole Christen, farmer, Madison
Twp.
G. C). Kvale, farmer, Madison
Twp.
E. A. Grimiso, farmer, Glenwood
Twp.
i
Hr A
HON. JUDGE TAYLOR a
The murder case of the State vs.
B. F. Kneeskern, of Castalia, charged 1
with a double murder, in the death ‘
of Charles Van Brocklin and his wife
Irene Van Brocklin, in their cabin ■
home in the Moneek district in
Bloomfield township on Sunday, Dec.
11, 1921, opened in full blast Thurs-
day afternoon when a jury was se
cured to try the case. The jury isi
made up of ten farmers and two
Decorah business men.
Hon. Judge Taylor of W aukon, is
presiding.
The jury will be in charge of Bal
iffs John Hargreaves and O. VV.
Holm, the former having been con
nected with district court work in
the way of a balitf for about tort>
years. The jury is locked up every
night and will be in charge of these
baliffs at all times. When they go
out for their meals, they take a
walk about the city for exercise.
Their sleeping quarters are on the
third floor of the court house. They
have been taking their meals at the
Winneshiek and change about to the
cafes.
The work of getting a jury, which
commenced . Tuesday afternoon, va>
concluded on Thursday afternoon, and
twenty-minutes to three lie J U, J
•was sworn in by Clerk ot t " u,t>
S. J. Moore, and took their seats
in the jury box. After this P ro
cedure was over a short ieces> wa
taken, and at exactly 3:30 Judge
Taylor ordered the attorneys to pio
ceed with their opening statements
of the case.
The state is represented by t oun ‘
ty Attorney J. A. Nelson,
Judge C. N. Houck and Atty. Frank
Savre.
Kneeskern is represented by AD>>.
E. W. Cutting, W. M. Allen, M. A.
Harmon and D. D. Murphy.
Judge Houck for the state am
Atty. D. D. Murphy for the de
fense made the opening arguments
DECORAH, WINNESHIEK COUNTY, IOWA, WEDNESDAY, APRIL 19, 1922
to the jury. Judge Houck talked
from 3:30 until a quarter of five.
He was then followed by Attorney
Murphy, who spoke for fifteen min
utes, when court adjourned. He
concluded his argument on Friday
morning speaking ten minutes. At
the conclusion of Attorney Murphy’s
argument, the state’s first witness
was called, Sheriff O. O. Ellingson,
who took the stand at 9:10.
Atty. Murphy did not divulge the
nature of the testimony to be otfer
ed in the defense of Kneeskern,
stating that it would all be brought
out during the trial, and that every
allegation made by the state connot
ing Kneeskern with the Van Brock
lin murders would be met, explained
aftd thoroughly cleared by the state.
He urged each and every juror to
bear in mind the fact that Kneeskern
must be considered innocent and
the the burden of proof as to his
alleged guilt rests entirely upon the
state.
Opening statements of the attor
neys will be found on page 9.
Objection to Attorney Houck and
Sayre assisting County Attorney
Nelson in the prosecution of Knees
kem because they defended Elmer
Van Brocklin at a preliminary hear
ing after he had been arrested on
suspicion of being the slayer of Mr.
and Mrs. Charles Van Brocklin, i’ as
made by Attorney Murphy. The
objection was not sustained by Judge
Taylor.
The jurors have two large rooms
on the west side of the third floor
of the court house. One room con
tains 12 cots and the other large
room tables and chairs The balills
sleep in the hall outside of the jury
room doors.
The state has summons for 52 wit
nesses, but of course they might not
all be called to testify.
The court room has been filled
more or less each day since couit
opened. Saturday’s crowd was not
large, but Monday and Tuesday
standing room in the court was at
a premium. Many women are in
the audience.
Kneeskern has been confined in
the Winneshiek county jail since
Feb. 25, when the indictments were
brought in against him. He is a
young man 39 years of age, smooth
shaven, and keeps up a happy de
meanor at all times. His wife sits
next to him in the court room, in
side the railing reserved for the
attorney’s and court olficials. They
have one child, a son five years old.
The accused man’s father, John
Kneeskern, is also present at all
sessions of the court.
The defendant, Kneeskern, holds
that unconcerned attitude and is at
his best spirits at all times. His
wife sits near him and often times
during the day he will tell her some
thing, which both sipile or laugh a
little at. However, during most of
the day, the defendant’s eyes are
fixed upon the witnesses, listening
attentively to every answer.
Some predict the trial wil la?t
four to six weeks, others think it
will be over in a little more than
two weeks.
County Attorney Nelson is con
ducting the case in good shape, and
he has left nothing unturned to see
that justice is brought out.
The attorneys on both sides are
prepared for and are putting up a
stitf legal battle, which will wax
warmer as the case goes on.
The first witness called by the
stao was Sheriff 0. 0. Ellingson,
on Friday morning at 9:08. He test
ified to having been informed of the
finding of the dead bodies of the
Yanßrocklins at about 4 o’clock on
the afternoon of Sunday, Dec. 11.
He reached the scene at about o:.JU.
He told of the location of the cabin,
gave a description of the interior of
the cabin, furniture, etc and describ
ed the appearance of the bodies. The
body of Van Brocklin, the sheriff
said, was found in a “lean-to’’ joined
to the cabin proper, while the body
of Mrs. Van Brocklin was in the
main part of the cabin, her head to
ward the south west comer of the
bed, her feet toward the south, body
lying on the right side.. The man s
body, he said, was covered with a
quilt, while a gray sweater had been
thrown over the shoulder of the
woman’s body in such a manner as
to cover a gaping wound in her
right breast. The body of Van
Brocklin also had a gaping wound in
the right breast. Two guns were
found hanging from the ceiling, a
Winchester and 40 gauge shot gun.
The shot gun looked as though it
had been lately used. He took the
guns and later turned them over to
the grand jury. He next visited the
cabin on the following Wednesday
after the tradgedy. He noticed the
blood stains on the floor where the
body of Charles hud lain, also blood
on the door lock. He took the lock
off, brought it back to Decorah and
turned it over to the grand jury.
On the following Sunday he wlsited
the cabin again. He noticed a can
which had a little water in it which
was reddish in color. There was also
a rag hanging on the side of the
can which he brought along also,
but didn’t notice any blood spot on
it. He communicated with Knees
kern on Monday, Dec. 12. Someone
called the sheriff from Ossian, so
he called Kneeskern. Kneeskern told
him that he should go to the .cabin
land try to find more eviilence. The
sheriff did go. On Sunday, he was
there again, that is a week following
the murder. And this time observ
ed more about -the interior of the
cabin. His testimony lasted until
11:25.
Coroner Willis testified that he
reached the cabin at about 7 o’clock,
that is was dark and that he used a
flashlight and lantern to make his
investigation. He told of the location
of the bodies and also gave a des
cription of the interior of the cabin.
He said that the expression on the
face of Vtan Brocklin was ghastlv
and that it denoted sudden terror,
while the expression on Mrs. Van
Brocklin’« face was natural. Her
hair was slightly disheveled, he said.
Both bodies were fully attired. He
told of removing the bodies from the
cabin to the morgue in Decorah. He
also told of seeing two guns hang
ing from nails on the ceiling of the
cabin. One of these guns was an
old style rifle, the other a small shot
gun. These guns, he said, were turn
ed over to the sheriff.
On Monday, the witness testified
an autopsy was performed on the
bodies by Dr. A. F. Fritchen and Dr.
L. C. Kuhn. The clothing removed
from the todies, together with shot
gun wads and leaden bullets taken
from both bodies, were turned over
to the sherilF.
His description of Irene was sim
ilar as the sheriff’s description. Her
hair was mussed up anil bloody. She
wore a light colored apron, petti
coat, underwear, stocking and shoes.
The lower end of the skirt was a
little above the knees. They carried
the body of Charles out on 'the quilt
which covered him. Irene’s body
was carried out in another blanket.
-.tpri’
The bodies were taken to Decorah iin
the ambulance the post mor
i tem was held by Drs. A. F. Fritchen
and L. C. Kuhn. Shots and wad
ding were taken from each body, put
jin separate boxes and turned over to
| the sheriff. Charles clothing worn
was jacket, trousers, stockings, lace
; boots, shirt and one glove. The
!feat hatl been removed. Irene was
'of medium height, weight about 115
pounds, blown eyes and black hair; '
said to be about 20 years old, but Mr. j
Willis thought about 19. The shots
removed from each body were the
same. Coroner Wiillis was on the
stand from 11:35 a. m. until 3:30
,p. m.
Dr. Fritchen was the next witness. '
| His testimony was all along medical 1
; lines. He gave a complete <lescrip- (
| tion of the gunshot wounds in both
; bodies. One of the important fea-;
jtures of his testimony was his as-!
; certion that the right arm of Mrs.!
Van Brocklin was extended as
though she had been exerting pres- J
sure to force some one or .-o'naethiivg!
away from her at the moment she
was shot down.
Dr. Kuhn, (the next witness sum
moned, testified along the same lines
anil corroborated the testimony given
by Dr. Fritchen.
Through the 'testimony of the sher
iff, coroner and the two physicians
who performed the autopsy, the
object was to prove the fact that a
crime had been committed and estab
. lish what is legally termed the “cor
! pus delicti.’’
Ole Russett, a farmer whose home
| in Bloomfield township is but a few
rods north of the cabin occupied by
the Van Brocklins, was the state’s
; next wiitsnees, taking the stand at
: 3:36 p. m. Saturday.
Russett testified that on Sunday
afternoon, Dec. 11, at 1:04 or 1:05
I o’clock, he saw an auto drive down
the public highway which separates
his land from land owned by Knees
keriv and on which ‘the Van Brocklin
cabin is located. He saw' the car
stop and the lone occupant, Frank
Kneeskern, step out and started across ,
the past ’"* in the direction of the
Van Brjp. In cabin. He sod that
KneesV •' wa- carvyin* isr,
j in his nands, but that he could not
I make cut what it was.
Russett then testified that at 3:30
in the afternoon his little son came
into the house and told him (Rus
sett) that somebody wanted him out
side. Russett said that as he started
I out of his house he looked at the
: clock and it was just 3:30. He went
: out of the house and saw Kneeskern
and Will Cook standing down near
; the fence. He went over to where
i they were standing and engaged in
j conversion with them.
Russett testified that Kneeskern
told him that the Van Brocklins had
been killed and that bodies were in (
the cab n. I
Kneeskern said, something awful
has happened over there. What is
that, Russett asked? There are two
dead ones over there. Russett ask
ed who they were and Kneeskern
answered Charley Van Brocklin and
his wife. When asked who did it,
Kneeskern replied he did not know, j
He said he had been up there hunt-J
I ing. |
Briefly, Kneeskern explained his
presence i n the neighborhood to Rus
. sett as follows: That he came down
COUNTY ATTORNEY NELSON
'
*
that little woman for?”
Continuing his testimony, Russett B. F. KNEESKERN
said that he had seen Kneeskern’s
car parked on the highway near the
cabin quite often. That on one oc- Elmer, and then came down a little
casion, three or four weeks prior to ne arer to the witness. Elmer said
the tragedy, that he (Russett) was iin “come down where I am 1 want to
the Van Brocklin cabin and that y OU a question. Kneeskern said
Kneeskern, Van Brocklin and his wife te n what you have got to say right
and one of his (Itussett’s) sons were *here, I have good ears and can hear
also there. He said that later ev- you
ervbody left the cabin with the ex- When the witness started towards
ception of Kneeskern, who was left! Kneeskern he said don’t come any
alone with Mrs. Vanßrockliri. further, because you are taking aw-
The witness also testified that he f u j steps,
did not see Kneeskern from the ft me Elmer stated that Kneeskern ap
he saw him enter the Van Brocklin pear ed to bend over the two first
cabin at about 1:05 o’clock until 3:30 ( times he went into the cabin, as if
o’clock, when he was culled out of the be was picking up something in the
house to converse with Kneeskern j <J oo rway. He was dressed in a
and Cook. I lißht kahki colored suit.
Sam Waters, a farmer living ini After the first conversation Elmer
Frankville township was the next .“Frank you have told every one
witness. He was examined by Atty. •„ t jJ fr country you don’t want me
Frank Sayre. His farm is two miles on your i an( j s 0 \ will leave. I don’t
!n. W. of the Van Brocklin cabin. want anyt hing here anyway.
He ilesc bed the cabin. He arrived j spoke some nronev Stf
\W <-v»: •*'* p m **' *£4* and KnW’kefit ic'd hin. it was
who vy» ' " , fcteaflrthe •!*••. '
cabirt Monday night to look for *?vT-f j,traißhte n e<l up alright,
dence. They took several articles, i ‘ Th * s wa „ about two o’clock, when
among them a piece of the paper] Elmer turned around and went back
from the wall that had finger prints . jyj oore * s He testified as he was
°* Wood on it. ... . f leaving he saw Kneeskern go back
Objections were raised to most of into the ca bi n .
the questions by Atty. Cutting. | Elmer Van Brocklin goes on stand
Waters told about what he found I a - n Tuesday morning. The court
when he was there in March, in the room was filled to capacity long be
ground and small brush pile where fore court sta rted.
the coffee pot laid which Kneeskern Qn being recalled to the stand he
shot at on the afternoon of the miir- j g a description of going to the
der. He found a gun wadding, », ca bi n 0 n March 11, and finding Sam
piece of gun wadding, eleven small Wate , x aaf | p a t Fritzpatrick there,
shot in the bush pile and four larger ; w . |ters out the pluce where
shot in the ground, ami a cot Tee coffee pot had been. He gave a
cover. The shot was put into a can, I description by the three of them of
! taken to the county attorney’s olTice them searching the place where the
for inspection, then sealed and put in * ffee pot had been.
a safety box at Frankville bank, then | c oumv Attorney Nelson finished
brought it to the grand jury after- thg cxam i na tion of Van Brocklin at
wards, placing it in a drawer in the p;2O a m Tuesday, and he was turn
clerk’s office and locking it. 'I hey ’ j over to the defense and was
were brought into the court room and ( , ue stioned by Atty. Cutting,
was otfered in evidence by the state. Ee gave a description of himself
; The defense objected to this, be- and family, his age and where he
cause the shot were found three wag born, etc. A great deal of
I months after the murder, and because tJme was ’ t uken up to prove that
they were found by more than Mr. y an grocklin wa s in jail on Nov.
Waters, Elmer Van Brocklin and Mr. 1918, for desertion from the
i Fitzpatrick, ami that it was in a ’ ‘ jlm state objected to this
! public place visited by many people &nd j t was sus tained by the court,
since then. ~ He stated that he remained with
The objection to placing the small parents at Decorah when he came
shot in evidence, by Atty. Cutting bome f ronl t he army,
was sustaine<l, but the objection to Ee wag questioned as to his where
jthe four larger ones was overruled abouts f rom that time until Dec.
;and was placed as exhibit No. 1. The
i gun wad was placed as exhibit No. 2, ' y an Brocklin stayed with Geo.
and the part of a gun wad was plac- oore on y ec# <), and on Dec. 10,
ed as exhibit No. 3. A coffee can Q eop _ e am j Elmer went by auto over
cover was placed as exhibit No. 4. tQ charlev Moore’s. In the evening
All of the exhibits were objected Klmer ant j Geo. Moore went to the
to by the «lefense, but were overruled. cab j n but they found no one at home
I Mr. Waters testified that he hail am j returil ed to Charley Moore’s,
made a survey of the cabin and sur- E | mer stayed at Moore’s that night.
| rounding country. Also mailt* a map About ten o’clock the next
of this which was placed as exhibit E | mer Van Brocklin, George Moore
I No. 5. a nd Robbie Schoonmaker went over
The map was marked S. VV. (Nam <o the Charley Van Brocklin cabin.
(Waters) 1,2,3, etc., the designation Th foun(i i rene after going into
of the different important places. He thp and knocking on the door
gave the distance of different places between the shanty and the main
j from Moore’s farm to the cabin, Rus-1 rt nf the ca bi n .
! sets farm to different crossings, etc. | Atty. Cutting asked the witness
Mr. Waters was cross examined by | wbat was said to Irene when she
J Mr. Murphy over questions that were came to the door. Elmer answered
I not clear to the defense. they a n said good morning and she
The witness testified he was at ,
the cabin Dec. 11 and helped remove
Charley Van Brocklin’s body.
I On the night of Dec. 12, he was
with Fred O’Boy, Mr. Grimstad and
; three others, looking up evidence.
They looked through the rubbish pile
! where the coffee pot was, but didn’t
I find anything. . _
He was there again on Jan. z,
when Attys. Cutting, Allen and
Kneeskern were present. He con
cluded his testimony at v 35 P- m -
Elmer Van Brocklin was the next
witness called. He took the stand at
4:38 p. m. on Monday.
He testified he waS at Charley
Moore’s on Dec. 11. His attention
was drawn to the cabin by George
Moore. He left for the cabin about |
15 minutes afterwards. When he,
was 15 or 18 rods from the cabin
he saw Kneeskern in the shanty door.
He dodged in and out. He came out
and then went back in, came out
again, went in, then came out with
a shot gun. He came around to the
corner of the cabin and stopped
NO. 16
.«*/' J<
B. F. KNEESKERN
answered with same greeting.
They were told Charley had gone
to Bill Cook’s to get a horse that
he was going to take over to Erick
son’s. , .. .
Asked how long he stayed that
time he answered 10 or 15 minute^.
It was shown that Robbie Schoon
maker, George Moore and Irene
stayed in the house, but Elmer went
! outside in the rain, where he re
mained 10 or 15 minutes, although it
was raining hard.
Atty. Cutting asked him if during
that time he was asked to conic in
side. Answer, yes sir. Who asked
you? Answer Irene. And asked
what he said he answered he could
I stay outside.
i After a moment or two all came
! outside and asked him to come in.
They went inside, but Elmer re
fused. . , _
Elmer stated that he and Irene
had quarreled at that time. And
after he was guestioned as to how it
(Continued on last page)
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