The weekly north Iowa times. [volume] (McGregor, Iowa) 1857-1867, 1859-09-21

neys for Powers" and would not be likely
to make as plausible statement for their
client as they possibly could! W.
1t is not true that mine .tcnths of the
Grand Jury were summoned from the south
part of the County" and if there is any
blame in drawing them, as Crosby charges,
Court, who drew the Jury himself, as he is
required by law, and who happens to be 'a,r
active northern man. The accompanying
letter from the Grand Jury themselves,
signed by all but two, one of whom is now
absent, but who would readily sign It Is
here, and the other not wishing to correct
the charge made against Conger, for some
reason, yet freely admits that Congcr never
spoke a word with them upon the subject,
is sufficient relutation of Crosby's state
tnents in regard to Mr.. Conger and the
Grand Jury. We have the statement here
of the Grand Jury that Mr.. Conger nerer
adcised ciM them, and kneu nothing Of the
indictment, Mr.. Crosby's charge to the con.
trary, which, in my opinion, somewhat i'm.
peaches Mr. Crosby's vcracity.
1t is true that the Grand Jury rcconsid.
cred the Indictment, but not " for Grand
Juror to have rc.swear at the case," but
for the purpose Of having Mr.. Clark, one of
the said attorneys, give in his testimony in
Mr.. Powers behalf. And notwithstanding
Mr.. Clark appeared before the Grand Jury
in that capacity, and, as am informed, pet.
tifogged the case before them for Mr.. Pow
being before them, that Mr.. Powers, after
-
four months in the spring of 1856, and their
returned to Ohio, from whence he came, and
voted in Ohio, in the Fall of SO, for John
straight to Chickasaw County, thereby
showing that he abandoned what residence
he had in Alamakee, when he left il 1856,
and that he dill not cote for County yudys
in 1ugust Of that gear, before haeing 6eena
fore them, they, as an honest and conscien-
tious body of men could not believe as
Clark had sworn, that Powers acas a legal
voter, and consequently, had to find the bill
of indictment against him.
Since my statement was denied, have
repeatedly demanded copy of the indict-
ment, and can only get the following ac-
count of it:
I, c. o. Case, Clerk ofthc District Court,
hereby certify that | sent the indictment
against j. H. Powers to the District Attor-
ney, Milo MCGLATHERY, to West Union,
through the New Hampton Post Office,
| about two weeks since-carried to the Post
Office by the Messenger, as ordered
CO. CASE,
Clerk District Court
New Hampton, Sept 5, 1859.
Fearing that the "horse-shcdding pro-
| cess might be in operation here, obtained
| the following statements from the District
| Attorney that he never had the indictment,
and from the Post Master that no such let
ter ever. passed through his office, which
clearly indicated an intention to keep the
facts from the public:
| WEST UNION, Sept I'd, so.
4. G. Case, Esq, Bradford, Ioaca,- ...
DEAR SIR: have not got the Indictment
rs. j. II. Powers, neither have had it since
Court. ...s.- .. ...
Yours, Respectfully,
| MrLo McGLAruERY.
New HAMPTON, Sept 9Th, 1859.
hereby certify that there has been no
letter sent through this Post Office to West
Union since Aug. 4th, 1852
DANIEL Shook, p. NJ.
The following copy of Bill of Exceptions,
shows that the case is no,o appealed to the
Supreme Court, and that the case nas ef-
icctually quashed, by shutting out the evil
dencc Of the prosecution:
The State of Iowa., Inthe District Court
| rs. of Chickasaw County,
j. II. Powers. Iowa, July Term, 80.
BE it remembered, that on this, the 4th
day of the Term, the above cause came on
to be heard, also came a jury Of II good
and lawful men, who being sworn to well
and truly try the issue in the above cause.
The State offered F. l.. Bosworth as a wit
ness to prove that the defendant voted at
the August election, 1857, which testimony
was objected to by the counsel for the de-
fendant, on the ground that there was no
Governor elected at that election. Objec-
ton sustained and testimony excluded; to
which ruling the counsel for the State ex-
cepted at the time, whereupon, the counsel
for the State moved to reject the words
"Goyernor and Lieutenant Governor on
the indictment, as surplussage. Motion
overruled, and counsel for the State except
ed, at the time, and asked the Court to sign
this their bill of exceptions, which is ac-
cordingly done in open Court this, 27th
uay vi ouly, looS.
ELIAS II. WILLIAMS,
Judge District Court of Chickasaw Coun-
ty, Iowa. .-...
FosREsr CRY, Sept 9TH, 1859.
hereby certify that the above is u corr
, rect transcript of the Bill of Exceptions and
the notice Of appeal as now on file in my
office. c. .. CASE, Crk Dist Court.
1t will be seen that the case is not vet
decided, and that when the case is rcvers-
cd in the Supreme Court, it comes back for
trial, and hence, that it Is true, that "Mr.
Powers stands indicted for illegal voting,''
and the case Is not yet fully determined
whether he is guilty or not
1t is not true that insinuated that the
Judge and District Attorney were actuatcd
by impure motives in the disposition of
that case, and Crosby only asserts it to gain
the sympathies of the Court and its friends.
In concluding, would say that the above
facts are given to the public only for the
purpose of showing that the statement in
the Times 1cas correct. In justice to Mr..
COnger, the statement of the Grand Jurors
Is appended. ... ......-.
Yours, Truly, A. G. CASE.
LETTER FROM THE GRAND JURORS OF CHICK
AsAw COUNTY, STATE OF IOWA.
We notice in the North Iowa Times of
Aug. 10Th, letter purporting to have been
written by j. o. Crosby, duplicating or
charging the Grand Jury of being horse
shielded" by Moses Conger in relation to
finding bill of idictment against j. H.
Powers, the Republican nominee for Scna-
tor in the 4oth District, for illegal voting
We deny that Mr.. Conger used any intlu-