Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1901-10-03
UTTERBACK HFREED.
Man Who Pleads Guilty on One
Count Released on Another.
CHARGED WITH STEALING BURLAp
Jury Was Out All Night on the Case
Robert Pasnau to be Tried Next
Monday-Seamars Now on Trial
Other News.

[From Thursdays Daly.l
After having pleaded guilty to the
crime of larceny in police court. and
asking for sentence, which could not
be given by that court, James Utter
bacl. was declared not guilty of that
same crime by jury in the district
court. This verdict was rendered at
an early hour this morning. Thus is
a confessed criminal absolved from
the penalty CT his crime. Utterback
was released as soor as the jury made
Its report.
He had been given trial during the
early part of the present term of court
and the jury disagreed. He was charg-
ed with stealing lot of burlap from
the slaughter house of William Potter.
When first arrested, Utterback was
taken before Judge Moon in police
court. He pleaded guilty to the crime
and wanted to be sentenced by Judge
Moon. who could not do this. He then
had Utterback waive examination and
be bound over to the grand jury which
was done. An indictment was return
ed. and the man placed on trial. After
the jury in the first trial had disagreed
Iltterback was given second trial.
This was concluded yesterday after
noon. and The case given to the ..ury
at 2:45 O'clock. The principal evil
dencc was the eloquent plea made by
Attorney Epps in Utteebaeks behalf.
The jury was out all nieht. and this
morning returned verdict of not
guilty, at o'clock.
Chief Gray instructed Judge Moon
to take transcript of the caees where
in Utterback has been convicted of net
1t larceny before Judge Sloan and an
effort will be made to hold him on the
common thief act. 1t is necessary to
have three convictions of petit lar.
ceny under this law, and Chief Gray
says there has been enough against
Utfefback to send him up a half doz-
en- times
The Seamans on Trial.
The case against John and William
Seaman, charged with keeping a
house of i'll fame was begun about
O'Clock yesterday afternoon. A jury
was easily secured and at II
O'Clock today all the evidence has been
introduced. While there was some in
teresting testimony introduced there
was nothing sensational as was ex-
pected. nor were any married men
men put on the, stand. 1t was shown
that people from town had gone to, the
Seaman home and in company with
women held dances, but no names
were brought out. 1t also developed
that both men and women went in
swimming together near that place,
but that had no bearing re-
garding the alleged disorderly
house Attorney Epoch began the
argument for the prosecution shortly
after II o'clock, and was followed by
Attorney B. w. Scott for the refense,
and County Attorney Emery who clos
ed for the state.
Robert Pasnau to be Tried.
Robert G. Pasnah whom it is alleged
took a leading part in the celebrated
assault at Grips barn, on the evening
of April II and who is under indict-
ment for assault with intent to commit
murder upon G. w. Houston and S. P.
Grips, will be tried next Monday.
Judge Sloan made an assignment of
fhe case today. Pasnau will be repre-
sented by Blake and Hail. while At
torney Jaques will probably assist
County Attorney Emery in the prose
cution Fred Pasnau who was also in
ficted on the same charge as his broth
Ter. has had his case continued for the
term on the application of the county
attorney.
Sentenced Friday.
John Seaman. who was recently
found guilty of robbery and who was
to have been sentenced today, had the
case passed until Friday, when judg-
uent will he pronounced
Pryor Case Assigned.
The case against Fred Pryor charg-
ed with assaulting Harry Booth, a
Burlington brakeman at Shocks siding
has been assigned for next Tuesday
morning. Pryor was present in court
today and entered plea of not gull
ty.
Adultery. u,
Charles e. Thorington, through his |
attorneys Morris and Lowenberg, has
brought suit for divorce from his wife,
Minnie Thorington, whom he charges
with adultery, naming William Hud-
son as correspondent. In his petition |
he alleges the two were married in \
Unionville, Mo-, August -, 1900, and |
that they lived together until Septem-
Der ~, 1900, when he alleges the wife |
committed a statutory offense, and |
has done SO since