Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1900-10-25
NOTES FROM THE CAPITAL
Des Moines. October 20, 1900.

feet. Falling he struck on the con-
crete sidewalk and was rendered un-
conscious for some time, and it was
at first thought that he was seriously
injured. Examination, however, dis
closed the fact that he had only suf-
fered fractures of the left thigh and
right foot.
Harry West says the party, with
whom he is to be associated in pork
packing, will be here the latter part
of this month, and that the plant will
be ready for operation not later than
the first of November. A small strip
of land between the two buildings, be-
longing to the packing plant, has been
purchased, and the work of razing an
old stone building to the ground will
begin at once. Very little work is
necessary to place the machinery in
absolutely sound conditions.
By decision of the supreme court,
Theodore Bertoch, who for more
than two years has been an inmate
of the state penitenJlary and whose
sentence was for life, will be set at
liberty. Fate mas been playing a Pc
culiar game with Bertoch since Sep
TENDER IL, 1897. His strangely in
volved case has twice demanded the
consideration of the supreme court.
a year ago last April they reversed
the decision of the district court be-
cause Bertoch had been convicted of
second instead of first degree murder,
but petition for re-hearing was
Immediately filed by the state, and
for another year and half Bertoch
has been awaiting the word from
the court of last resort. The decis-
ION was in Bertoch's favor again,
but for different reason. The plea
of the state that the instructions to
tie jury were 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 1T stands affirmed as without pre-
JUDGE to the defendant. although the
court is united that the instruction
was erroneous. The case was revers-
ed on grounds of insufficiency of evil
dence. something that was not even
considered in the former opinion.
DHd" mas TtttiNtu anu
endorsed to the state treasurer
warrant for $fO.24s.7O for aid for the
Soldiers home at Marshalltown. 1t
is the quarterly allowance for the
period ending June 30, 1900, but it is
not quite the full amount, as the APP
preparation has not been all provid-
ed for. The full amount of the quar-
terly allowance from the government
is $12, LEO.
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 n 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 +. Howard, young attorney
of Webster City, has had his license
10 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 ~ b. Hyatt,
A. n. Boeye and Wesley Martin, prac-
ticing attorneys of Hamilton county,
to begin proceedings. The investiga-
ton resulted against Howard, who
appealed to the supreme court and
lost.
Reports of an alarming nature, tell
ing of the exi.tence OF twenty-five to
thirty cases of smallpox in Monona
county, have reached the Office of the
state 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. DIR. Kennedy of the state
board OF health has written to DIR.
Condit OF Sioux City and requested
him to look after the matter.
The supreme court has sustained the
decision of Judge Stevenson of the
Polk county district court in the case
of A. +. Bissell, administrator of the
estate of Frank s. Law, deceased, APP
pellant. VS.. Frank Starzinger. The
case was one in which the administers
tor alleged by reason of sales OF
liaior made by Starzinger to Law,
Wien tie latter was intoxicated and
haDitually drunk, the Law estate was
damaged in the sum of $1,000. For
this sum judgment was asked against
Starzinger, who owned and operated
a saloon in Des Moines. The defend
ant demurfed to the petition on var
ious grounds. One of these was that
the estate had not been damaged as
the evidence introduced showed the
plaintiff to have been habitual
drunkara and incapable of earning
money. The demurrer was sustained
and Judgment was rendered against
the plaintiff, oismissing the action and
for costs. 1he plaintiff appealed, but
the supreme court fully upholds the
trial courts decision.
The members of the board of con-
troll have returned to the city after
visit to all the state institutions in
northern Iowa. Judge Robinson and
John Cownie of the board left on the
tour of inspection October IL. and
later were Joined by Judge Kline.
The board expects in short time to
formulate the rules governing county
hospitals, it having inspected the off
ferent county institutions in the past
several months.
WILLIAM l.. WILSON DEAD.
Author OF the Wilson BiII" Passes
Away at Lexington.
Lexington, Va, Oct. l9.-General