Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-11-23
SUPERVISORS
CASE DISMISSED
County Attorney Stone Drops
Prosecution After Portion Of
Testimony Is Rejected.
Court Ruled That Board Was Not
Accountable for Action OF
One OF Its Members.
Shearer and Robinson Not Pres
ent When Agreement Was
Entered Into.
Sentence Suspended in the Geo.
Sievers Case-..Sentence Day
E Monday.

A4VA0oys
The last of the cases against the in
dicted county officials, with the excep-
ton of that of DIR. Devine, came to 9
sudden termination Friday evening
when County Attorney Stone voluntar-
lily dismissed the suits against Super
visors w. B. Williams and T. j. Shear
er.
This action was taken after the evil
dence of Civil Engineer A. A. Schenck
of the Northwestern, who had charge
of the second track work thru Iowa, had
been concluded and while Mr.. T. Bin
ford. local attorney for the railway was
on the stand and was the result of rul-
ings by the court against the admission
of certain evidence relating to the con-
tract and agreement entered into be-
tween Auditor Hargrave and Supervi-
sor Williams and the railway company.
The defense held all along that no
crime had been charged In the indict-
ment and that a victory could have
been secured by demurrer, but that
they preferred to try the case en- Its
merits. The testimony was objected to
on the same grounds that would have
been set up in the demurrer. The first
ruling adverse to the states case was
made during the testimony of Engineer
Schenck, when Judge Burnham held
that no evidence was admissabiee
A. inn hA-
tween Auditor Hargrave and En-
gineer Schenck concerning the ac-
ceptance of mileage as pay for the grad
ing work. A similar ruling was made
when Mr.. Binford was giving his evil
dence the court holding that the con-
yersation and agreement between SUI
4pervisor Williams and Mr.. Binford
when the other members Of the board,
Messrs. Shearer and Robinson, were no,
present, could not go into the courtsrec-
ord and that any agreement made by
one member OF the, board was not bind
ing on the others; Nalso that nothing
could be introduced except evidence re-
lating to the action Of the board as a
board
While the resolution OF the whole
board ratifying the agreements entered
into could have been introduced. County
Attorney Stone says the ruling OF tho
court left no connecting link between
the negotiations and the final ratifica-
ton of the contract, ana therefore he
deemed it useless to prosecute the case
further.
County Attorney Stone expressed the
opinion today that in this case a GRIM
inal action Should not have been
brought, but that suit under another
section of the code could have been in
stituted which would have permitted
the courts to review every acuon of the
officials and upon conviction, they coulo
have been removed from ONCE, altho no
other penalty could have been imposed.
The outcome of all the cases has Gre
ated very little surprise. and it is
presumed that the action against In
sanity Commissioner Devine will be dis
missed when he returns from his north
ern trip. as the charges against him
were inspired by political and personal
enemies.
SEWERS GOES FREE.
George Sievers. one of the young men
from Gilman who plead guilty to rob-
Ding a German named treeSe, was re-
leased from custody Friday afternoon,
Judge Burnham having Suspended SEN
tence in his case for an indefinite period.
Sievers is to report to the court at in
tervals for the next Ave years. He has
a wife and child who are dependent on
him for support. and as the robbery was
committed during a drunken brawl the
court deemed 1t best to give him his
freedom pending good behavior. 1t is
probable that Danforth and Barnes.
who were concerned In the robbery, VIII
also be paroled.
Judge Burnilam has fixed next Mon
day as the time for passing sentence on
the other prisoners convicted. Mrs.
Robert Mason, James Murphy. James
Sanford and p. j. Sullivan are awaiting
sentence.
The petit jury has been excused until
next week and little business was
in court today.
One divorce case was heard, that of
Theresa c. Bowman against George j.
Bowman, and plaintiff was given de-
cree.