Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-12-15
Iowa's Long Record of Free
dom from Hangings Will
Not Be Broken
HAVE CHANCE FOR LIFE
Legal Execution Scheduled for Dec. 1s,
1902, But Condemned Men Are Conf
dent of New TriaI-ReversaI of
Case Expected-Busse and Hortman
Also Under Sentence Of Death.
special to Tirnes-Republican.

Des Moines, Dec. 15.-Altho a legal
execution of two condemned criminals
is scheduled to take place within the
prison walls at Anamosa this week 1t is
state of Iowa of freedom from hangings
win not be broken. There will be no
hanging. The preparations which were
being made by the sheriff of Buena Vis-
ia county for hanging Albert Phillips
and Louis Brooks will be of little use
at this time, tho at later date he may
have a chance to use his ropes and
scaffold. The condemned men do not
believe they will ever walk upon the
scaffold. Innocent men could not be
more confident of ultimately escaping
the gallows. They believe, and with
much reason, that they will get a new
trial at the hands of the courts. But
even If the supreme court should de-
eide that their trial was without fatal
error, vet there will be no hanging this
week at Anamosa.
Phillips and Brooks are under SEN
tence of death for the killing of John
Sundblad, the marshal of the town of
Albert City, in Buena Vista county.
They were convicted of murder in the
first degree. The trial was a hasty one
and the press of the state was loud in
praise of the efficiency of the courts In
that part of the state because of the
rromptness Of the conviction and SEN
tence. The two men and third. who
was killed in the fight, were unques-
tionably engaged in bank robbing in
northwestern Iowa and mad done sew
eral clever turns within a few weeks. A
bank had been robbed and officers had
followed the trail in the direction Of Al
bert City. The telephone was brought
into requisition and the officials at AL
bert City were notified to be on the
lookout for trio of bad men. Early in
the morning some one discovered that
tlsere we're thee r1en Ia The milwaukee,
depot A posse was gathered and a
rush was made on the men, the door of
the depot broken open and a general
duel followed. The posse was driven
cut and then from various hiding places
q bombardment of the depot took place.
Sundblad, the town marshal, was shot
and killed. One of the bank robbers was
killed. The other two tried to make
their escape after their ammunition
was gone, but they were captured.
Within week they were indicted. Trial
and conviction followed Immediately
and they were sentenced to be hanged
on Dec. is, 1902.
", nit "a hnc fo nf a ri a mr.
the great zeal of the prosecution to
make strong case against the two men
afforded the hope Of new trial. The
record is filed with testimony relating
to or referring to the bank robberies,
which had nothing to do with the mur-
der of Sundblad, and this is one of the
reasons q new trial is expected. But
still more important Is the fact that all
the testimony showed that the killing
was done after an assault had been
made upon the men in the depot, an as
sault by posse, not an attempt at ar
rest, and at best the killing was only
or second degree mur-
der. The contention was strongly urged
upon the supreme court at the October
term that even tho the two men We're
bank robbers and deserved hanging for
that, they were not both guilty of mur
der in the first degree on account of
death. The court was asked
to consider the state of excitement in
the county at the time and the general
demand for revenge which had It's in
fuence on the jury and court. 1t is not
going too far to say that the attorneys
for the state in this case will not be
greatly surprised If second trial is orr
dered by the supreme court after de-
liberate review of the evidence which
was taken in the lower court. A rever-
sal of the case would make it certain
that Phillips and Brooks would never
be hanged.
While a reversal of the case is eX-
pected, it also remains that no hanging
can take place next Thursday, no mat
ter what the court does. The appeal to
the supreme court worked a suspension
of the sentence of the lower court until
all the legal steps in connection with an
appeal have been completed The sheriff
of Buena Vista county can not proceed
with the hanging until he has received
a proceendo from the clerk of the SUI
preme court This can not be issued
until at least sixty days after the filing
of decision by the court, for the de-
fendant, in case he is beaten, has that
time in which to move for rehearing
in the case.
Whether or not rehearing will be
asked in case the verdict is affirmed
rests with the attorneys. 1t would only
be step for delay. The supreme court
meets on Tuesday. The Brooks-Phil-
lips case is expected to be one of the
first to be decided. But inasmuch as the
hanging has already been put off, so
that a new date will have to be fixed no
matter what happens, the court may
not be in great haste with the decision.
The case was fully argued by attorneys
and very strong case made for new
trial. The court has reversed a great
many criminal cases the past year, but
has not before been called upon to
question one in which the death PEN
atty has been inflicted
There are four men at Anamosa un- |
Ter sentence of death-Brooks, Phillips, |
Busse and Hortman. OF these Brooks
md Phillips are said to manifest the