Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-10-10


Some other attorneys in Des Moines
have been similarly employed by the
Great Western.
If the promoters of the Des Moines,
Iowa Falls & Northern railroad get into
Des Moines, or thru the city parks of
Des Moines, they will have to fight
every inch of the way. They will get no
comfort from the Des Moines people.
When they asked for right-of-way
thru a public park many expressed
doubt as to the genuineness of the prof.
ect and said it looked like scheme OF
some sort to get a right-of-way and sell
i. out to cut somebody else out of a
route. Anyway, there was much shak-
ing of heads over the matter. The pro-
moters offered to show a committee all
about it and abide by the committee In
A committee of prominent
citizens was appointed by the CONNER
cial Exchange and the committee made
the investigation. The report is adverse.
Just what the committee found is not
yet known, but it did not find state of
affairs that would warrant recommend
ing to Des Moines people that the pro-
moters of the Des Moines. Iowa Falls &
Northern should be granted all that they
ask in the way of franchises, etc. The
report has fairly staggered the pro-
moters. If they accomplish anything in
Des Moines they will have to make a
showing that will convince the people
despite this adverse report and prove
conclusively that they are prepared to-
build and operate railroad into Des
Moines thru Iowa-not a very easy thing
to do.
The Iowa supreme court has granted a
second trial to Mitchell county klepto-
maniac-C Chester Mccullough. He was
convicted of the larceny of a school book
worth less than rs cents and trading 1t
for fish line and a clothes brush. The
boy had been convicted three times be-
fore Three of his brothers and a sister
are idiotic. His was clearly a case of
kleptomania. A schedule Of the things
found In his possession is given, namely:
Fourteen silverine watches, two old
brass watches, fifteen watch chains, two
old clocks, twenty-one pairs of cuff but
tons. six pistols, thirty-four jack-knives,
four padlocks, three bicycle saddles,
four pairs of scissors, six mouth organs.
seven combs, nine bicycle wrenches,
seven pairs of clippers, one box of old
keys, five pocket mirrors, rulers, guns,
bolts, callipers. oil cans, washers.
punches, pulleys, spools, penholders,
ramrods, violin strings, etc. The su-
preme court believes that mania for
the possession OF these things indicates
that there is something wrong With the
convict. All the expert testimony showed
1t was q case of kleptomania. yet the
jury found the defendant guilty under
the Instructions which cast doubt on the
value of all expert testimony. The SUI
preme court, opinion by Justice Water
man, admits that the instructions given
followed exactly the wording in SINH
lar case approved in the Seventeen
Iowa, but the court as at present consti-
tuted would not agree to that approval.
Hence the reversal, which is practically
q reversal of the supreme court itself.
Senator Allison is to speak with Cum
Minis at Manchester tomorrow after
poon, but will probably make only a
short speech, as he intends to make his
first formal speech at Tama next Tues
VI.
mastery address Thursday evening at
Manchester and cover the entire ground
of republican policies, state and nation
al, and his address will be we'll worth
listening to.
IN the now somewhat famous case OF
L. r. Bone, of Mason City, who got a
sixty-year sentence for killing a man In
q quarrel, the Iowa supreme court laid
down some general principles in regard
to arming ones self for defense that
men will do we'll to bear in mind. Bone
rad q quarrel with his victim at livery
barn, and threat was made against
Bone, whereupon he procured big
knife and went forth to challenge his adj
versary. In the fracas Bone killed his
man. He pleaded self-defense. The SUI
preme court says that IL Bone was
guilty Of any crime 1t was either mur-
DER or manslaughter. Bone had a right
to arm himself for self-defense, even tho
he did not fear "a sudden dangerous or
deadly assault under such circum-
stances that he could not avoid 1t with
out danger to his life or danger of great
bodily harm.' The right of self-defense
and preparation for self-defense is fully
upheld. The court goes on to say: 'If
from previous threats made defendant
had reasonable ground to believe and in
fact did believe that deceased intended
to take his life or to inflict upon him
some great bodily injury. and so believ-
ing armed himself solely for necessary
self-defense in the event of being at
tackled the defendants arming himself
after the difficulty at the barn would not
supply the intent necessary to make out
the crime OF murder. In other words. II
defendant was justified in arming him
self for self-protection and on meeting
his adversary killed him, then the de-
gree of his crime is to be determined
from the circumstances surrounding the
killing and not from his previously hav-
Ing armed himself solely for self
defense, 1t was because Judge Sher-
win. now of the supreme court, did not
correctly state the rule in regard to this
question of self-defense that the case
was reversed. And. in justice, 1t may
be stated that the state expected re-
versal of the case.
A. B. cUMMlNs AT oELWEIN.
Phillips Letter of Acceptance Read
and Comments Made.
Special to Times Republican.