Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1896-12-22
Court Report.
CRIMINAL

named In the indictment it appear
ing to the court that the defendan,
is without counsel and that he has
no means to procure counse
P. F. McHugh at the request of de
fendant is appointed by the court tc
defend him, and the defendant is du.
~ arraigned and he takes time tc
plead, and by his attorney valves
time to plead and now pleads that he
is not guilty of the offense as charged
In the indictment and defendant fur.
ther valves time to prepare for trial
and demand an immediate trial; jury
impannelled and sworn. The defend
ant withdraws his plea of not guilty
and now pleads guilty to the larcency
of property of the value of $40. .0O and
the last day of the court is fixed as
the time for pronouncing judgment
upon the defendant. Witness fees of
Q. ID. Nichols, E. A. Ely and Carl
Terry and costs of subpeonae same
ordered paid by Howard county, To-
wa said witnesses being in the de-
PENDANTS behalf. 1t is adjudged that
defendant pay fine of $1OO and that
in default of payment that he be i'm
prisoned in the Jail OF Howard coun-
ty, Iowa until said fine is paid not
exceeding one day for each $3a, it is
further adjudged that the defend ant
pay the costs Of prosecution.
The PLAIN DEALER has copied the
court entry in full aboye in this case.
The defendant was caught with the
stolen property in his possession.
The only rea son he was not convicted
was through the ineffciency of the
county attorney in prosecuting the
case for the state. Under the evi-
dence of the case when the state had
concluded motion to discharge the
prisoner would have been sustained,
but the defendant did not desire this
because 1t would bar him of his board
and lodging which is now secure for
thirty days, the entire cost of the
proceedingsin court, and of his in
generation before and after trial,
and OF his examination before the
justice being at the cost of the tax
payers Of the county, even the wit
nesses for the defense being at their
cost. Things will be thus as long as
persons are chosen for responsible
duties because of their party affili-
alton instead of their capacity
to discharge the duties of the office
sought. Suavity in an attorney is
not good substitute for force and
legal knowledge with skill in their
use.
State of Iowa VS. James Campbell
and Thomas Logan; indictment for
burglary-Defendant James Camp
bell appears in open court and states
that he is correctly named in the in
dlctment. 1t appearing that he has
no means and is without counsel,
Joseph Griffin is at request of defend
ant appointed by the court to defend
him, and defendant is duly arraigned
valves time to plead and now pleads
that he is not guilty of the offense
charged in the indictment and de-
nands all immediate trial, in open
court valves time and at defendants
request is tried separately. Jury
duly empannelled and sworn. At the
conclusion of the testimony for the
state the defendant filed a motion to
direct a verdict for the defendant.
Motion sustained and under the
courts direction returned a verdict
of mot guilty" and the defendant is
released and ordered discharged from
custody.
In this case there was in the in
dlctment an averment of ownership
which the county attorney forgot to
prove with the foregoing result. 1t
is a sorry reflection upon the county
attorney as q public prosecutor that
O burglar caught in the actual pos
session of and within a store in the
night time. selecting the goods of the
proprietor should go free through
such display of legal ignorance as
was shown in this case. If this is to
be the result in such matters, it will
be just as we'll when thief or burg.
lar is canght for the officer or owner
OF the property to ad-
minister a gentle rebuke, send them
on their way and save costs to the
county.
State of Iowa vsThomas Logan and
James Campbell-The defendant
Thomas Logan being in custody and
it appearing to the court that he is
at this time sick end unable to be in
attendance at this term of the court
the case is upon the courts order con.
tinued until the next term of this
court.
PROBATE
Elizabeth P Foster, will duly ad-
mitted to probate.
Margaret Irwin, will duly admitted
to probate.
s Hastings, continued.
E j and Birdella May Mosier, order
of sale granted as prayed in petition.
VIM n Jones, L IRELAND and Owen H
Williams appointed to appraise the
property.
T. Richard Peters, order of sale as
prayed in petition. B. N. Hendricks,
NJ. III. Swift and H. G. Hjerlied ap.
pointed to appraise the property.
ValOrions n kIanpipo oon+;,rol