Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1900-03-14
The Sheriff Turns on the Searchlight

L.. T.. Fellows, Judge of TINS district.
| Ii seems that w. +. Dnwnie some
time in 1897 executed a chatiel mort
gage upon all of his stock of goods in
the Ladders store build ny, and that
sometinie subsequent thereto, aud
a,,out March 1898 Benz Allen & Co,
who held said mortgage, caused said
mortgage to he fpreclosed by the
sheriff of WinneSheiR County, who
took possession Of said goods by virtue
Of said chattel mortgage aud fnreclosed
the same a. by statute in such cases
made and provided. After possession
was taken by the sheriff, G.. Christen,
it seems that Mr.. Downie and his wife
emplo, ed K. r. Acres to attend to
heir business, and about the 18th of
April, and before the goods were sold,
| Mrs. Downie made sworn affidavit
claiming part of said goods belonged to
her. The sheriff, however, had but
one duty to perform and that was TO
sell the goOds described in the chattel
mortgage. After the goods were sold
the sheriff paid the costs in the fore
closure proceedings and applied the
balance of the money that he received
from the sale upon the mortgage debt.
Said amount so applied did not fully
satisfy the claim of Beuj. Allen & CO.
After the sheriff had disposed of the
property and applied The proceeds as
required by law, f.. II. Acers com
| menced an action against the sheriff
for w. +. Downie) claiming then that
he Downie owned the property and
not his wife; also claiming in his pc
property as is provided by law He
shortly after commenced To take testi-
mony to substantiate his claim of ille-
gality and of fraud claimed in his pc
tition and commented upon his claim
on the public streets, that he was go
ing to teach the sheriff lesson; was
very abusive before the commissioners
taking the testimony and before the
public; denounced the sheriff particu-
larry before the election, and did all in
his power to villify the good name of
our sheriff
Testimony was taken from time to
time for nearly two years of different
parties who knew something about the
sale, but +. r. Acres did not get his
client, w. E. Downie, to testify that
there was any illegality in the sale of
the chattel mortgage, although he was
present during nearly all the time of
the sale, consequently must have
known whether it was legal or not.
His client failing to testify to anything,
his prosecution became desperate, and
in order to attempt to make a prima
facie case he went upon the stand him.
self to testify to an improbable story.
all of which was denied under oath by
the sheriff. The sheriff7s case virtually
then turned out to be not between
Downie and the sheriff but between
f. X. Acers and G. Christen, and 1t
simply became a question of truth and
veracity between these two men, G.
Christen and f. r.. Acers. The de-
PENDANT then brought upon the stand
about rs witnesses who testified that
the general reputation for truth and
veracity of e. r. Acres In the neigh
borhoOd where he now resides was bad.
This evidence, together with several
witnesses In addition thereto, who
testified in substance that the sale was
conducted In proper manner and as
is provided by law, was considered by
the court and it was found that Acres
and his client had no standing in
court and the action was dismissed for
want of equity, and the sheriff C..
Christen, obtained judgment against
the plaintiff for costs.
1t seems that Acres had no faith In
his case from the start, for the reason
that he obtained another attorney to
assist him in the prosecution. The
sheriff, however, felt safe that he had
done his duty and nothing more than
his duty, and instead of employing
scores of attorneys to defend him
simply had one. to-wit: f. p. Johnson
to conduct his case for him.
In pronouncing the judgment
against the plaintiff for costs, the
court, i'm the most scathing terms, de-
nounced the attorney for the prose-
cution for conducting the case in the
most unprofessional manner, and fur
ther If ever such a case was prosecuted
and brought before him he should be
warranted in filming them for contempt
and appoint committee to report on
disbarment
Card of Thanks.
We desire to exDress our sincere