Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-02-07

the Indictment charging Frank II. Pey-
ton with the murder and robbery of
John E. Robson in Sioux City on Dec.
90, 1899. was because the alibi of the de-
tense was proved completely and con-
c.usively by the investigation made by
County Attorney U. 6. Whitney The
alibi shows that Peyton was in Mobile,
Ala, on the date upon which John Il.
Robson was murdered in his office in
Sioux City.
The atfidavits which Mr.. Whitney sent
to Mobile to be signed by men whom
the defense claimed would swear Pey
ton was in Mobile at the time stated
We're received all in proper form some
Gays ago by the county attorney and
then preparations were begun to fulfill
a promise which Chief of Police Nelson
and Sheriff jackson had made to the st.
Louis police department that if Peyton
Was not convicted here he you'd be-
turned back to the ST. Louis officers.
| Sheriff Jackson notified the officers in
st. Louis by letter of the facts and they
proceeded to procure official papers
from Governor A. w. Dockery, of Mis-
Iisouri for the extradition of the prison
er These papers We're procured and
then Governor l.. NJ. Shaw, of Iowa, was
asked to sign the requisition for the
lsrrisoner. This was done and papers
were executed authorizing the Sioux
! City authorities to arrest Peyton for the
l;crimes for which charges are pending in
st. Louis. In another document Coz
lernor Shaw authorized Sergt. Louis
i Noite, of the st. Louis police depart
nent, to take charge of Peyton and
conduct him thru the state of Iowa.
Governor Dockery, of Missouri, had ex-
iecuted paper appointing Sergt. Nolte
Ito bring Peyton back to the state of
/ Missouri.
4 When the word was passed about
that Peyto would appear In court there
was much interest aroused and at IL
oclock when the officer arrived in COM
/ pany with the captain a large crowd
\ fled into the room. Many attaches of
other offices in the court house APP
sIeared to- get a glimpse of Peyton.
Sheriff Jackson brought Peyton up
from the Jail and the prisoner was given
la seat beside Attorney Dan Sullivan.
lfacing Judge Wakefield Necks We're
craned from all over the big room. a
trial of a damage case was in progress
and there was already an audience in
1.-The room.
Peytcn Wore neat black overcoa,
land turned up the collar TO prevent as
much az possible being seen by thost
lEabout him. He is tall and has the
i bearing OF o scholar. His forehead is
/ prominent, facial features large and h
Wore nose glasses His hair Was quite
4 long ard WAS parted in the middle His
face was pale and thin, showing his
weak physical condition. His attorneys
sIhad tried to get the county attorney to
lpermit Peyton to remain in Jail. but
Mr. Whitney thought the defendant
4 fought to be present.
the county attorney stepped forward
when the officers and attorneys and the
4 prisoner were all in the room and said:
IF the court will permit a brief in
4 Interruption would like to present mo-
ton for dismissal in the case of the
state of Iowa against Frank H. Peyton
4 and William Mason, as to Peyton''
4 He then laid the papers before Judge
i Wakefield, who examined them care
4 fully. He took the docket and inquired
4 if Mason had been arrested. He was
4 answered in the negative and the court
q then announced the dismissal az tc
4 Frank H. Peyton. There was a pro-
4 found silence in the room.
A Sheriff Jackson who was leaning on
q the railing in the rear of the prisoner
4 stepped up and tapped Peyton or he
2 shoulder. The sheriff took paper from
his pocket and read the warran, Of ar
q rest from Governor Shaw to hold Pey-
i in St Louis Mo. Peyton arose calmly
and faced the sheriff during the read
i ing. Sergeant Nolte made his way for
ward to do his duty and the people il
A the room began to leave their seats an6
& gather around the group of men. The
!. court bailiff commanded them to remair
seated The ST. Louis officer read his
Warrant OF authority to receive the pris
Toner and Attorney Sullivan made the
request that he be given chance tt
talk to Peyton. This was granted anc
Peyton then shook hands with Sergean
4 Nolte, whom he had met before. The ST
Louis officer walked Immediately bahinc
I Peyton as the officers and attorneys lef,
the court room and Peyton was taker
back TO his cell.
Attorney T. F. Griffin, also represent.
ing Peyton, presented to the court an
application for writ of habeas corpus
to prevent Peyton being taken back L
st. Louis on the grounds that Peyton i.
not fugitive from justice from the
state of Missouri because he was taker
out of that state by process of law.
The judge signed the writ and it was
served upon Sergeant Louis Nolte. 4
precept was issued to the sheriff to au.
thorize him to hold Peyton until thu
case was finally determined. II was
!, agreed to set the case for hearing II
one week. Meanwhile Peyton Will re.
main in Jail here.
}, Sergeant Note gays there are five
charges of burglary awaiting Peyton al
81 st. Louis. and there are about twenty.
/ Ave known charges against him In diff.
! ferent parts of the country, some ii
, Mississippi. Alabama and In Iowa
). Chief Melon has in his possession tn,
history of the man, which shows tina
he spent nine years and two months IL
Jail between 1888 and 1929. Three term.
were served in the Wisconsin peniten
tiary and one in the Minnesota peniten
tiary. Photographs of Peyton, taken q
the different penal institutions wer,
sent. and the warIens all give him
very bad character They say he II ad.
dicted to morphine and say he is a dan
gerous character.
1t Is understood that Peyton fat
made proposition to some OF the Off
n Gals that he would plead guilty TO tn,