Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-01-04
A GOVERNOR On TRIAL
Thirteen Years Ago Governor
Larrabee Was Indicted and
Tried For Libel.
Case Was Without Precedent in
the Annals Of Iowa
Courts.

Trouble Arose Over the Pardon
Of Chester Turney..The
Trial Recalled.
Special to Times-Repuplican.
Des Moines, JAM. AUST thirteen
years ago there occurred in Des Moines
a trial for which no %precedents were
found in the law books and in many re-
spects the most remarkable criminal
case in the annals Of the state. Gov
ernor William Larrabee, then IN of the
most conspicuous figures in state affairs,
was indicted and placed on trial In this
county for the alleged crime of %circulat-
ing a libel. No governor OF any Ameri-
can state ever had such an experience.
The recent death of the judge who pre-
sided at the trial recalls the facts in the
case.
Governor Larrabee got into trouble
ever the pardon problem, then as now a
serious one In the office of the chief ex-
ecutive. A demand had been made for
the pardon Of one Chester Turney, a
young man OF Jackson county, who was
serving a sentence of seventeen and a
half years in the p~enitent.ary. He had
been sentenced by the late Judge Walter
!. Hayes and there appeared to hava
been some question as to the regularity
OF h proceedings In the lower court,
but the appeal had been In vain. Tur-
ney's mother. who was almost dis
tracted by the fate OF her son. set out to
arouse the whole state to demand his
release. She tramped the state from end
to end literally alone and afoot and &C.
cured one OF the most formidable petit
lions for a pardon ever filed in the gov
ernor's office. She enlisted the services
Of editors and politicians and she filled
some OF the newspapers of the state
with colulnns OF denunciat!on of the
governor for refusing to pardon the
young man. The matter was taken be-
fore the legislature, but nothing was ac-
compllshed there.
About this tins Governor Larrabee
collected together the information on the
other side printed it in a circular
intended to be sent out to inquirers as
to the status of the ease. This included
3 statement from a weekly newspaper
including an address prepared by resi-
dents OF jackson county protesting
against the pardon. It contained also a
statement to the effect that Mrs. Tur-
Eey had two husbands living, one In
Wisconsin and one in New York, from
neither of which had che been divorced.
The friends Of Mrs. Turney were furl-
U and threatened the governor with
dire consequences. They went before
the grand jury and quoting this one
statement from the circular caused him
to be indicted for circulating a libel.
The Turney case had already become
familiar TO every II in Iowa. The
young man had set out on q career OF
crime quite young and had been given Il
short Jail sentence in the town Of An
drew. jackson county, for burglary Of Il
watch. When he got out he took pos
session OF IN old ferryboat on the Ma.
quoketa river and fitted out for an adj
venturous journey down the Mississippi
river. He broke into several stores ar
Preston, Jackson county. and secured
among other things a dozen revolvers.
a case OF pocket knives, a violin, many
and implements, a jug OF whisky
and a box of cigars. These he hid in a
near the ferryboat. Then he took
canvas from farmers reapers to cover
his plumber. Before he lac set sail to
see the world he was arrested. Four
teen separate indictments were found
against him, eight for breaking and en-
tering houses and six for burglary. He
had no money and one Wynkoop was
appointed by Judge Hayes to defend
him. There was no defense, but instead
OF pleading guilty q jury was drawn and
the form OF q trial went thru with one
of the fourteen cases. The jury
him guilty and Judge Hayes SEN
him to seventeen and a half years
in the pe%nitentiary.
That which brought to Mrs. Turney
more friends than anything else was the
general hatred of Judge Hayes. espe-
c.ally among his political enemies, and q
belief that the attorneys in the case
were more interested in padding their
fee bill than In securing exact Justice for
the frtendleSs young man. Another
thing which operated to help Mrs. Tur-
ney was the fact that Governor LARA.
was at that time the subject of a
factional faud in his party. Mrs.
succeeded. at least, in ~arousIng
the whole state on her case.
Judge William F. Conrad, recently de-
was the presiding Judge Mt the
trial Of Governor Larrabee. Charles A.
who had but recently removed
to Des Moines, was given the case for
the efense. He pursued the policy of
not attacking Mrs. Turney nor attempt
ing to show the truth OF the charges
made in the circular, but to rely on the
right Of the governor to prepare and
a privileged communication in
the line OF his Official duty. One who
,ad become Interested in the Turney
Ease and who had really been instru-
In having the indictment brought
vas Mrs. e. n. Gillette, wife of the for
ner congressman from this district. Mrs.
Gillette was a finely educated and Gull
tured woman and she had great influ-
snce In the case. She appeared virtually
20 direct the case in court and repeated
y took an active part either in the
questioning of witnesses or the sugges-
ton of points to be brought out. She