The Mason City Globe-Gazette from Mason City, Iowa on February 3, 1944 · Page 20
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February 3, 1944

The Mason City Globe-Gazette from Mason City, Iowa · Page 20

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Mason City, Iowa
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Thursday, February 3, 1944
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Page 20
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3 Eyewitnesses Testify in Tavern Manslaughter Case -·- . if * if * · ' - : TELL t)F FIGHT THAT PRECEDED TENNEY'S DEATH Dr. Harold Morgan Says Blood Vessel Severance Caused Death : Three witnesses of the Christmas eve fight at the Friendly tavern, where James C. Tenney met his death, were introduced by the state Thursday in its effort to con- vicrJohn Frank of manslaughter. The two youths, John and Joe Frank, both indicted on a manslaughter charge, are to be tried separately. Donald Scott, 17; Mason City, was the first to eive an eye witness account of the fight. With 3 other companions, Scott said be arrived at the tavern about 10 p. m. Christmas eve and remained there until about 12:46 a. m., during which time the fight occurred. He indicated on 4 photographs presented by'the state positions o himself and others both in anc outside of the "tavern during ant after the fight- John and · Joe Frank were both working at thi tavern at the time he arrived, ac cording to Scott. ' , Tenney was in the third bootl on the .south wall, according . t · testimony, given -by Scott, whei the fight started. 'Scott said his at tention was called-to the booth b loud talking.: Tenney was sitting i the booth and -Doris Cornelius wa with him. : ' I When Tenney stood up, Scot said he walked over to where th crowd was and stood by Joe Frank. Scott said in recounting th scene of the fight that Tenne asked Joe Frank if he wanted I go outside, and started takins o: his jacket. Scott said he did no take off the jacket, however, an the 2 started fighting. Tenney,. h testified, swung: at Frank but di not hit him. Frank, he testified, h Tenney several'- times about th month with his fists. "Tenney edged, toward t h aisle,'? said Scott; "and Joe hit him John hit him a couple of mor times and then Tenney slumpe down to the floor, with his hea io the northeast and his feet irnde the table. Joe and John picke him up and carried him outside.' . As John came up to the bootl- SCENE OF FIGHT--This picture, one of'the 12 of the Friendly Tavern introduced in the trial of John Frank, charged with manslaughter, shows the section of the roadhou'se where the fight occurred on Christmas eve, following .which James C. Tenney was found- to be dead. iccording to Scott, he'told'Joe to 'take it easy."-Joe answered his irother by telling him that was us affair. Scott testified that Dale Hill leld the door open while the frank brothers carried out Tenney and that Mrs. Hill went out and poured water on him. He said the Frank brothers put Tenney in a Air and that Mrs. Hill said that he should be ~taken to a hospital. In cross-examining Scott, Attorney L. R. Boomhower asked the witness if he heard Tenney say he could'lick anyone there and the witness said he did not hear this. Scott testified upon cross examination that the crowd was milling around before the fight started and that "everybody was shoving everybody." He said John's shirt was torn and there was n mark on his chest. When Tenney fell, Scott said, "his knees .buckled and he fell straight back." Richard. Roderick, 19, Mason City, was the second witness called to the stand. sHe corroborated much of the testimony given by Scott, but did hot see all o£ the fight since'he was dancing at the time it started. E I m e r Fredricks, .2.6, Nora Springs, was the 3rd witness called. Fredricks testified that he had matched quarters with Doris Cornelius and Henry Hoots about 8 p. m. that evening 1 and that John frank had made 'them stop it, at which Miss Cornelius threw, the money on the floor. Fredricks-testified he picked up the money and gave it to John. Frank, who ,was tending bar.; . . . ' . . · " . , . Fredricks said he later saw Tenney dancing with Miss Cornelius and that she was with him.in .t booth \yhen the light startec Fredricks said he did not see muc of the fight sipce he was havin trouble of his own with "Cockey : Espinosa over by the bar at th time. Although the tavern stoppe selling beer at 10:30 p. ni., ac cording to Fredricks, he still ha mc left over, which he went ack to finish after the fight..First witness for the state was r. Harold Morgan, who perorated the autopsy on the body of le victim of the roadbouse fight. Examination showed several in- uries on the head, Dr. Morgan ated, including an area-of con- usion on the left side' back and oove the ear, a blacked left eye nd a cut on the lips. It was his opinion,-he said, that eath was caused by the severing f the circle of Willis, a circular lood vessel at the base of the rain. "It is my opinion t h a t ilows from the front rather than n other parts of the head caused he severing of this blood vessel," he said. The breaking of this blood ves- el, the physician said, would -ause death in the same manner as a cerebral hemorrhage or a tuoke. Hemorrhages throughout he brain indicated death came rom 15 to 45 minutes after the reaking of this blood vessel. The blood vessel was probably severed at the time.of a blow on :he left eye or oth«r part of the "ace, he said. The character of the Injury, according to Dr. Morgan indicated a blow from a blun object. 'Such as a fist?" queried thi county attorney. "Yes a fist would do it," the witness' answered. Examination of the blood of Mr Tenney showed the presence o 190 milligrams of alcohol per him dred cubic centimeters. The pres ence of 75 milligrams of alcoho is regarded by authorities as suf ficient for intoxication. While in vWuals reacted differently, the resence of lat or more milU- rams is sufficient to cause intox- cation In anyone, he said. On cross examination by Mr. :oomhower, Dr. Morgan stated lat there was no Evidence that njuries were caused by a blunt istrument such as a bottle. S afford Lock,. Mason City pho- ographer, was on the witness t«nd to identify 12 pictures 'of ie Friendly Tavern, mostly in- erior views, which were entered s exhibits. Jurors in the case are: Vern iarlow, Burchirial; Mrs. H. E. Jor- :enson, 330 loth S. E.; J. S. Mehan, 'ortland; Gene vie ve Oswald, Maon township; Sophie Cutler, 23 Oak drive; O. A. Rector, 229 7th N. W.; Forrest Lair, Falls town- hip; Bernard M. Hulke, 108 5th 4. E.; Chris Fky, Thornton; C. H. Sears, Clear Lake; Edith L. Ciner, Plymouth, Burchinal. and H. A. Baldwin, CITY BRIEFS »Cp). Leo C. Herbst is spending a 14-day furlough with h|s wife Mrs. Eleanor Herbst, at the home of her parents, Mr. and Mrs/A. H Lunsman, 253 13th S. E. Cpl Herbst is "a cook at Fort Leonard Wood, Mo. - V. F. Kern, Mail Carrier, )5es; Rites Thursday Decorah--Funeral services for Villiam F. Kern, 66, were to be icld Thursday, at 1:30 p. m. at the ''jelstul funeral home and at 2 - p. m! at.the First Lutheran church. The Rev. T. A. Hoff was to offi- iate, burial to be in Phelps ceme- ery. Mi'. Kern died Saturday at a Rochester hospital following an operation last fall: He had been in poor health for 2 years. He is survived by.his wife and one brother, George; of Wnitmore, Cal.. Mr'. Kern was a retired farmer v and rural mail carrier. Sends German Flag as Souvenir to Parents S FredericksburK. (/P)--Mr. .anc Mrs. F. E. Thome have receivec from their son, Sgt. Gene Thbrne with the engineers in Italy, a German flag, one or many found in Naples when: the' British "am American forces entered that city Sergeant Thome sent it. as a souvenir, with other:Christmas gifts. The Boston port's first house was built in. 1716. light HUNT BOX'S BODY Cedar Falls, (IP). -- Searcher were still dragging the Cedar riv er here'Thursday for the body o Donald Lantz,- 10, drowned last Saturday afternoon with Thomas Lilly, 12,'whose body: has been recovered. Gates of the dam were lowered Wednesday in an effort to dislodge the body. ·You breathe freer almost uuUntly « lust 2 drops Penetro None Drops op«a your cold- closied DOM to stye your head cold «ir. Caution: Use only ma directed. 25c. 2% times as much for 60c., Oet Tlmnday, Feb. I, li 20 MASON CITY GLOBE-GAZETTl Prof. Barzun ! Joins Staff ! at Stated Iowa City--Courses in French a he University of Iowa now art eing taught by Prof. Henri Barzun, native of France who was ed ucated in that country. He was named to the faculty o he university to replace Dr. Al jei't Schinz, who died severa weeks ago. Professor Barzun : caching a course of Frenc poetry .and will be in charge ( pronunciation, composition,:' an stylistics classes. * Since coming to the Unite States he has instructed at Li high university, at Fordham, a at the college for women in Ni Rochelle, N. Y. In addition to his classroo duties, Professor Barzun w- broadcast about French literati: from station WSUI each Mondi at 4 p. m. , ' Formula For CONSTIPATIOI It you suffer from constipation Its lack of pep; dull eye*, upset ate «ch, mental dullness--taCTbr Ee wards' Olive Tablets! Seine fun vegetable--Olive Tablets ar» wonde ind%U eP UP slugBUh Urer *"« «° Getting the Enemy's Range Infantile Paralysis Drive Here Now on Home Stretch Chairman Expresses Appreciation for Gifts and Talents Given As the Cerro Gordo county infantile paralysis campaign goes down · the home stretch toward completion of the drive by the end of this week, it becomes apparent that many persons have given generously of their time, as well as of funds, to make it a success. A. M. Schanke, chairman of the Cerro Gordo county chapter o£ Geflin MakesManyFeelOM ·nd joj- ._ flush out _ ---wastes. Tou have _-- and nothing to lose la -v.-» *n iron-did jnar«nlef u- a nfutf or yoqr none? on return of r ptcUre uilea lalljr Mtlsfted. Don't deity. Get Cirilex ( S U s - t e x ) Iio.a ' Rlit todi?. m ££1 he TSTational Foundation for In- antile Paralysis. Thursday expressed the appreciation of the or- ;anization to Darlene Benson, 12 ?ear old girl, who spoke and sang n the interest of the cause on occasions, appearing at the Surf al !;iear Lake and at the Moose and Riverside bam dances in Mason City. In the mail Wednesday the 6r- ;anization received a gift of 55 from "A Friend." for which appreciation also was expressed. Persons who have not' been reached by workers in the drive may send or bring their contri bution to the campaign headquar ters at 31ft North Federal. The campaign, now^ in its 2nd week in Cerro Gordo' county, is one of 3,000 being conducted in every chapter in the nation in observance of President Roosevelt's birthday. The National Foundation, which carries on a large part of its work through local chapters, has a remarkable record of accomplishments to its credit, not only combating the 1943 epidemic of the disease, but in searching out past victims of the disease for rehabilitation through surgery, hos- pilalization and other means. Decided Reductions on Furs of Every Type. With v/eeks of cold weather ahead -comes this clearance of fine furs! No matter what you had in mind to. pay, you'll find the best- of-their T cJass in this clearance at big savings Now. SEE THEM TRADE-IN YOUR OLD COAT EASY TERMS

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