Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-11-22
SHOEMAKER WINS;
MCPHERSON u1D
Case Against the Sheriff Taken
From the Jury and Defen-
dant Discharged.
County Attorney at Once Dis.
misses the Similar Action
Against MCPHERSON.
Court Held There Was No Wilful
Intent to Defraud County.
As Charged.
Northup Case Also Taken From
the Jury. and Defendant
Discharged.
Joint Case Against Supervisors
Williams and Shearer in
Progress.

Progress.
The case against Sheriff T. J. Shoe
maker. as the result of the indictmer
returned by the late grand jury charg
ing wilful extortion in alleged over
charges in fees, was not allowed to &
to the jury, a verdict OF not guilty bein
ordered by Judge Burnham at the con
clusion of the evidence.
i But two witnesses were examined an
the testimony was concluded at $3.50 thi
morning, when the motion to instruc
| the jury to return verdict for the de
| PENDANT was filed by Mr. Shoemaker
attorneys, who maintained that it ha,
/ been shown that the sheriff's fees tn,
/ present year exceeded his salary of 81.
coo and that no portion of the alleged
overcharges had been retained by him
/ County Attorney Stone argued that al
Official had no right to bolster up his
fees in Nrder to make the amount at
tain the $1,000. but Judge Burnham gus
tanned the motion of the defense and orr
dered the jury to return verdict of not
guilty as charged in the indictment.
Sheriff Shoema'ser's case was reach
ed at o'clock Thursday evening and
the first twelve Jurymen called We're
accepted, as follows: William Carson.
A. j. jackson. Ed Smith, William
Davis, O. s. Chapman, w. &. Phillips,
NJ. Cummings, George F. Reidell, Henry
Liese, E. w. WINERY, w. w. Whitehill
and John HUFF. The opening state
ments were brief County Auditor f.
w. Hargrave was the first witness
called by the state and he testified to
the fling of the bill of the sheriff for
s2S for taking two insane patients to
Mt. Pleasant in August of the present
year, OF the allowance of the bill by
the board and of the drawing OF war;
rant for the amount on the county
treasurer. Opposing counsel argued
several points in regard to the testi-
mony MIR. Shoeinaker's counsel on
cross examination of Mr.. Hargrave
brought out the fact that the sheriff
has earned enough in fees so far this
year to more than pay his salary of
So. 900 and will turn over to the county
5000 or 500 in fees, the Intention being
to show that it made not the least diff
ference to the sheriff whether he
charged for two trips or one trip In
taking two patients at one time.
Sheriff Shoemaker was placed on the
stand this morning and was examined
as to the particular cases on which the
indictment was returned. The sheriff
admitted that the charges had been
made to the amount of US. as two pa
tients were taken to the asylum on one
trip and the expenses We're therefore
double; that one of the patients was a
non resident Of the county, and that in
order to make the records plain so that
Marshall county could collect from the
other county, double charge had been
made; that the schedule Of thirty -five
hours at 40 cents per hour had been ar
ranged and agreed to by the board OF
supervisors during the last year OF
Sheriff Mills term and that he had SIM
ply followed the custom established by
his predecessors.
At the conclusion of the evidence and
arguments on the motion Judge Burn
ham made the following ruling and
charge to the jury:
Upon the motion to direct verdict
of acquittal in this case, the court takes
into consideration the fact that the evil
dence shows that in demanding and re-
ceiving the fees upon which this indict-
ment is based, there is no claim of any
fraud, deception or collusion practiced
on the part of the defendant in filing his
bill for the same, but that it was done
openly, with a full knowledge on the
part of the board as to just what claim
was made, and no representation other
than the facts We're made to the board,
and with the full knowledge of all the
facts the bill of the defendant was al
lowed by the board; and 1t Is further
shown that 1t had been the custom Of
the office in presenting bills of similar
character, on the part of the defendants
predecessor, to make like or similar
charge for like and similar services;
and it further appears that no benefit
accrued to the defendant by reason of
the fees in question, for 1t fully appears
that the salary or compensation fixed
by law, to wit, the sum of $4,000, would
have been received by him without
these fees and that all fees in excess
of the $1,000 are turned over by him to
the county Therefore in this case it
can not be said that he had retained
any of the fees upon which the indict-
ment in this case is based.
1.-The court can not believe, upon the
facts in this case, as disclosed by all the
evidence, that II can be said that the
defendant in filing his bill for the fees in
question and demanding and receiving
the same, did so corruptiy and wilfuily,
with the intention to extort from the
county illegal fees. for as before stated,
there was no collision or deception or
secret connivance or suppression of
facts shown or claimed by the state, and
at most it can only be said that mis-
take had been made on the part of both
the defendant and the board of super
visors in fling the claim for fees and
allowing the same, as shown by the ev-
idence Consequently, as the county
has lost nothing on account Of said fees
being paid to the sheriff, and as no adj
vantage was taken of the board i'll the
demand made or the facts stated in sup
port of the demand, the court does not
believe that fta faCtS shawn bring the