Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-12-16
Smith Is ACQUITTED
Jury at Mason City Declares
Him Not Guilty OF Crime
Charged.
Took Seventeen Hours to Reach
a Verdict..-History OF
the Case.
Three Weeks Time Consumed
in the Trial...The News
of Iowa.

Mason City, Dec. 16.-After seven
teen hours elaboration the jury in the
case of the state of Iowa VS.. w. NJ.
Smith at o'clock Sunday morning re-
turned a verdict of not guilty. Smith.
| the defendant in the case, was charged
WITH attempted rape on the person of
little 14-year-old Lena Schmidt. The
evidence against him was entirely cir
jcumstantial, and one of the bitterest
legal fights ever carried on in Cerro
Gordo county courts ensued during the
three weeks that the case was on trial.
The story of the case in brief is as
follows: On September of this year
little Lena Schmidt. who had been
tending the cattle in the school yard
a short distance from her parents
home, which is in Bath township, this
county, ran home at about 8 o'clock in
the morning and told her parents that
a strange man had passed in a buggy
and had enticed her in mn Clubhouse OF
| the school and there had attmpted to
ravish her. She gave q minute and
perfect description of her unknown as
sailant and with this for clue posse
| of indignant farmers set out to search
| for the fend.
| After two hours search one of the
posse came upon man who answered
| in every particular to the description.
He was driving along in leisurely
manner and when placed under arrest
he evinced great surprise and de-
1od to ha fQk al
claiming that by her he could prove his
innocence to any such charge. He was
taken and again the girl repeated her
Identification and named Smith as be-
Il ing the man. He was brought to this
city and on preliminary hearing he was
remanded to the grand jury. who at the
last term Of court returned q true bill
in his case.
w. M. Smith claims Chicago for his
home and says that he was book
agent In the employ Of the Dodd, Meade
Company, of Boston, being engaged
in selling encyclopedias to the teachers
thru the country. He secured the best
legal talent and the defense set up
during the trial was one of the hardest
possible. The state was equally strong
and the case was hard fought from
! beginning to end. One of the most
sensational features of the trial was the
sudden return to this city of F. w.
Stone. book agent who was one OF the
men to pass the school house on the
morning of the alleged assault. and
was one OF the principal witnesses in
the preliminary hearing. He. had since
that time gone to his home in Madison,
Ca, but returned to give evidence.
The defendant in the case is man
of scholarly bearing and bears a d.
ploma from the Yale University. He
was at one time a prominent operator
on the Chicago board of trade and at
another confidential agent for the
Swift Packing Company. During the
trial numerous prominent men were
brought from Chicago to give testimony
in the case and all We're unanimous In
praise of the defendants previous good
character.
The case was heard by Judge Kelly
and it Is impossible as yet to say what
will develop from it. On the first ballot
the vote stood ten for acquittal and
two for conviction, in the jury.