Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-11-19

SAID railway company to repair sait
road and crossing, and that then anC
there said Williams and Shearer. in fur
therance Of their said unlawful and cor
rupt agreement, did relieve and exoner-
ate said C. &c n. w. Railway Company
from making said repairs, and did re-
pair said road and crossing at the ex-
pense of Marshall county, and expended
in said work Of repairs. wrongfully and
unlawfully. a large sum of money, viz:
about $500 OF the property of Marshall
county; then and there we'll knowing ii
was the duty of the C. & N. w. Railway
Company to do and make said repairs,
contrary to and in violation of law, and
in violation of their official duties"
THE EVIDENCE.
The Indictment of the two supervisors
was procured on the evidence Of Civil
Engineer A. A. Schenck. of the North
western. and Mr.. T. Binford. local attor-
rey for the company, with that of SUI
perintendent of Bridges Jayne. Some
correspondence on file in the office OF
Land Commissioner Cleveland, of the G.
s. n. w. railway. was read before the
grand jury, but does not appear in the
record of evidence attached to the in
Gictment.
Superintendent ]. H. Jayne testified
that he did the work under instructions
from the board OF supervisors. stating
that the dirt work cost about 1915 and
TIE necessary new bridge about $3.50.
A. A. Schenck. the C. & N. w. en-
gineer who accompanied Mr.. Hargrave
and members of the board to the
ground where the work was to be done,
testified as follows:
1.-The tracks of the c. & N. w. Rail-
way were raised about eight feet near
of the road leading into LeGrand. In
May, 1900. complaint was made about
this highway crossing. met the board
OF supervisors at the grounds in the
latter part Of June, 1900. The chief
engineer had intimated readiness to
improve the crossing approach and sug
gested a grade of eight feet on the
hundred. This would have cost about
$40 or $50 and have made a raise of
about one foot at the highway bridge.
The board wished to make raise of
five feet with the county attending to
the bridge and the company doing the
grading. reported to the chief en-
gineer that the cost of such grading
would be $500. Shortly before leaving
the ground Mr.. Hargrave asked wheth-
err the railroad company would not fur
nish mileage books for himself and the
supervisors and superintendent of
bridges, II the county would do all the
ri T cd ho1 nf,fb In,
such matters. reported the inquiry
to the chief engineer without recon-
After which he states
that he had nothing more to do with
It, that he saw the work being done
by strangers and that Hargrave told
him when he asked for the mileage
that it would be used in county BUSH
ness.
t. Binford local attorney for the C. &
N. W.. testified as follows:
1t was in the latter part OF the sum-
mer or fall of 1900 when received five
mileage books from Hubbard, Dawley
8 Wheeler. attorneys for the C. & N. w.
The mileage books were for
F. w. Hargrave. auditor: j. H. Jayne,
of bridges for Marshall
county: w. B. Williams A. A. Robin
,on and T. j. Shearer. / delivered the
said mileage sent to me when a resolu-
ion was passed by the board accepting
# a certain highway crossing being
brought up to grade. My recollection is
that / delivered all the books to Har-
srave personally except the one to Mr..
Williams, which delivered to him per-
'onally. / notified Mr.. Hargrave that
lad the books and told him the condi-
ion upon which they We're to be deliv-
cred. Afterwards, can't tell Just how
ong, I was informed by Mr.. Hargraye
hat the condition had been complied
With and received from him certified
opy OF the resolution purporting to
ave been passed by the board, ard
hereupon delivered the books, which
esolution forwarded as per instruc-
ions to Hubbard, Dawley & Wheeler,
rom whom / received the books"
He also testified that complaint had
,een made to him Of the crossings re-
'eatedly by Hargrave and Williams.
hat he had each time notified the COM
amy, until finally he arranged for the
'oard to meet Mr. Schenck, the rail-
Ways engineer; after that at the re-
Iuest of Hubbard, Dawley & Wheeler he
lad conference with F. w. Hargrave
nd Mr.. Williams, president of the
'oard, at which time they said IL the
Mileage was furnished they would pro-
eed with the work.
AGAINST COMMISSION
ERS.
The charges against DR.. w. S. Devine
nd F. e. Northup, of the insanity COM
mission, are for overcharges in fees, but
My small amounts are involved. Both
ollowed the precedents established by
heir predecessors and their bills We're
flowed by the board. DR.. Devine
harged fees as member of the COM
mission and also a similar fee as medi- |
al examiner for the commission, and
he grand jury alleges he collected
bout $40 in excess OF the legal fee. in
making this double charge and also in
harging four days time for the exami- |
alton of four different cases in one
ay. Commissioner Northup is indicted
or charging four days services for the
Examination of four old soldier patientsl