Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-11-22

section under which this Indictment
drawn, ana the motion to direct a vel
IGict will be sustained and the jury d
recte6 to return verdict for the dt
PENDANT, and the defendant is dis
charged and his bond exonerated an
sureties released
MCPHERSON CASE DISMISSED.
AS soon as this action WAS take
County Attorney Stone moved to dis
miss the similar action brought agains
eX-Sheriff j. w. Mcpherson, because @
the ruling of the court in the Shoe
maker case. The indictmenes wer
drawn for similar transaction an
charge. Mr.. McPherson's attorney, as
further argument in behalf of dismissal
of the suit, called attention to the fac
that in Mr.. McPherson's case it coul,
be shown that two trips were ac,ualE
made. the second two days folluwin.
the first, but that in making the return
and filing the bills an error had beef
/ made in the dates and both had beer
Gated the same day Under these cir
cumstances the court entered an ordel
for the discharge of the defendant Mr.
Mcpherson, and the exoneration of hi.
bond.
/ NORTHUPs ALSO WINS.
Following the dismissal of the Nc
4 Pherson case that of Insanity Com
missioner r. E. Northup was called
In this case wilful extortion was
charged, as it was in the cases of the
sheriff and ex-sheriff. Mr.. Northup. ii
Twill be recalled, followed the established
custom of charging one days time for
each case, and for four cases tried in
one day charged S12. The grand jury
said he should have charged by one
day at the rate of SO and mileage. Ex-
County Clerk j. c. Bullock was the only
witness examined by the state, and
testified as to the methods of filing
bills in insanity cases, and of the par
ticular charges in the cases for which
Mr., Northup was indicted. The record
books of the clerks office We're intro
duced as evidence and cross EXAMINE
alton brought out the fact that Mr..
Northup followed custom in vogue
for the past thirty years, and that all
his predecessors in that time had drawn
similar fees.
The defense introduced no evidence,
but on the conclusion of the states evil
dence moved that the court instruct the
jury to return u verdict of not guilty,
because no corruption had been shown,
that there was no fraudulent intent
to secure fees that did not properly be-
long to him and that he was following
the custom; that he took the fees open
ly and without Misrepresentation and
with the knowledge and consent of the
supervisors, who passed upon the bills
after they had been O KID. by the coun-
ty clerk
Judge Burnham, in sustaining the
motion of the defense to take the case
from the jury, took the position that
there had probably been an overcharge
and that under a correct Interpretation
of the law the commissioners are en-
titled to but SO per day and mileage, /
no matter how many cases they inves- |
tigate: but that the defendant believing !
md the board believing he was entitled |
10 large fees. and it had been the cus-
.om to allow them, there was no crime I
,r misdemeanor, altho the amount
night be recovered by civil action.
Mr. Northup's case was thus disposed
II before noon and court took re-
'ess until o'clock.
The case against DR.. w. S. Devine, Of
.ause the conditions are somewhat
lifferent.
sypur~1aapo n>r rpIAT
The joint case against Supervisors w.
B. Williams and T.. ]. Shearer, for al
legged misconduct in office because OF
their action in having the county force
40 grading for the Northwestern and re-
mileage therefor, was called at
Q o'clock this afternoon. The first twelve
men called to the jury box We're not &C
cepted. as in the cases of the other oitl-
Gals, there being four challenges, three
by the state and one by the defense.g
This case Is being contested more Vig-it
orously by both sides than the oilers,
because there is more to 1t and entirely
different questions are involved. They3i
are not similar in any particular. Al
most an hour was consumed In securing
a Jury, the following being accepted:
George f. Reidell, T. p. Low, b. r. Fra
ley, AL Dixon, I. A. Lay. Frank Wendt,
o. S. Chapman, w. f. Crawford, Ezra
Wallace w. K. Phillips, f. Fl. Haskell,
Jr.. and Henry, Liese.
In his opening statement County At
torney Stone read the indictment re-
turned by the grand jury and outlined
the facts as presented to the grand jury
and heretofore given in the evidence III
these columns. There was much inter-
est manifested by a large crowd OF spec
tators as to what the nature OF the de-
Tense would be. Defendants were rep
resented by two of the leading attorneys
of the city. In their statement to tile
Jury they said it would be SHOWN mat
the Indictment was drawn under ms |
Of the law, and also that
1t would be shown that the remunera-
ton received by the supervisors In the
way of mileage exceeded the value OF
the work done.
County Auditor Hargrave occupied
chair between the two defendants DUR
ing the trial today. At late hour this
afternoon the taking Of evidence was
County Attorney stone
expresses the opinion that this case viii
go to the jury for final decision.
Mayor F. G. Pierce. who was one
NJ the Interested spectators IN court,
during conversation relative to the
merits Of the various cases, said that he
did not believe the state would be able
Ia make out a strong case against the
supervisors, but that had Auditor Har-
grave been indicted there would have
been strong case against him, because
he conducted the negotiations leading up
to the grading contract.
SANFORD CONVICTED.
James Sanford, a prisoner VINO mas
given the authorities much trouble and
who was one of the participants Ill the
....a.,t ot+a,,,Dt 10 hraak.jail wag con-