The Leon reporter. (Leon, Iowa) 1887-1930, 1900-10-25
NOTES FROM. THE CAPTAIN

NOTES FROM. THE CAPITAi|
Des Moincs. October 81. 1900.
BY decision OF the supreme court.
theodore Bertoch, who for more
than two years has been an inmate
OF the state penitentiary and whose
sentence wls for lire, will be set ~
hDerty. Fate mas been PLAYING ms
culiar game with Bertoeh since Sen.
TENDER IL, 1897. His strangely 81.
yolved acase has twice demanded fhe
consideration of sthe supreme court.
a year ago last April they revers..
the decision of the district court be-
cause Bertoch had been convicted Of
second instead of first degree murder.
but petition for q re-hearing was
Immediately fled by the state, and
Tor another year and a half Bertoch
mas been awaiting the word from
the court of last resort. The decis-
ion was in Bertoch's favor again.
put Tor different reason. The plen
OF the state that the instructions to
tie jury We're not prejudicial to the
defendant and that the supreme court
should not have reversed the case on
the grounds, has equally divided the
court, Justices Waterman, Ladd and
Sherwin dissenting, and so under the
law it stands affirmed as without pre-
Judice to the defendant, although the
court is united that the instruction
was erroneous. The case was rever.-
ed on grounds of insufficiency of evil
dence. something that was not even
considered in the former opinion.
Governor Shaw has received and
endorsed to the state treasurer a
warrant for $1O.24s.7O for aid for the
Soldiers home at Marshalltown. 1t
is the quarterly allo.7ance for the
period ending June 30, 1900, but it is
not quite the full amount, as the ap-
preparation has not been all provid-
ed for. he full amount of the Quar-
terly allowance from the government
is $12,1OO.
City Physician Schlitz has ordered
the quarantine of Fred Bars in Sc
vastopol for SMALLPOX. Bars is Is
years of age, and resides with his
parents. There are six others in the
family, all of whom have been exposed
and will be kept under quarantine.
The source from which he obtained
the disease is a mystery, but it is
not believed any other case exists in
the city. This is the first case that
has been reported in two months.
James r. Howard, young attorney
of Webster City, has had his license
to practice in the courts of the state
suspended for two years on account
of unprofessional conduct. Disbar-
ment proceedings were begun in Ham
ilton district last year. S. NJ. Weaver,
Judge, finding it appeared from the
record in the case of George Barber
VS.. George C. Olmstead there was rea-
sonable ground to revoke or suspend
the license and directing N. b. Hyatt,
A. N. Boeye and Wesley Martin, prac-
ticing attorneys of Hamilton county,
to begin proceedings. The investiga,
lion. resulted against Howard, who
appealed to the supreme court and
lost.
Reports of an alarming nature, tell
ing of the exi.tence OF 1wenty-fiveSto
4
thirty cases of smallpox in Monona
county, have reached the office of the
Gtate board of health. The cases are
reported from Center and Jordan
townships in that county and from
the town of Moorehead. 1t is report,
ed proper disinfection is not being
enforced DR.. Kennedy of the state
board of health has written to DIR.
Condit of Sioux City and requested
him to look after the matter.
4 The supreme court has sustained the
decision of Judge Stevenson of the
Polk county district court in the case
of A. F. Bissell, administrator of the
estate of Frank s. Law, deceased, APP.
pellant, VS.. Frank Starzinger. The
case was one in which the adninistra.
tor alleged by reason of sales of
liz Tor made by Starzinger to Law,
wlen tie latter was intoxicated and
habitually drunk, the Law estate was
damaged in the sum of SIS, 900. For
this sum Judgment was asked against
Starzinger. who owned and opera ted
a saloon in Des Moines. The defend
AM demurred to the petition on var.
iouS VIE vi UueSG Was LI1aC
the estate had not been damaged as
the evidence Introduced showed the
plaintiff to lave been habitual
drunkara and incapable of earning
money. The demurrer was sustained
and Judgment was rendered against
the plaintiff, 1ismissing the action and
for costs. Inc plaintiff appealed. but
TIL. supreme court fully upholds the
trial courts decision.
The members of the board Of con
troll have returned to the city after a
visit to all the state institutions in
northern Iowa. Judge Robinson and
John Cownie of the board left on the
...enr of inspection October ii. and
later were Joined by Judge Kline.
The board expects in short time to
formulate the rules governing county
Nospitals. it havine inspected the diff
serent county institutions i'm the past
several months.
The typhoid fever endemic at the
state hospital at Independence is
Greater than has been generally
nown. There have been over two
undred cases since it recently broke