Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1903-04-22
CHARGE DISMISSED
Justice Schroeder Declines to
Hold M. S. Patch for
Criminal Libel.
CASE DECIDED THIS MORNING
City Clerk Schaffer Refuses to Pro-
duce Records of the
Election.

The preliminary trial of NJ. S. Patch,
charged with criminal libel by Mag
istrate Johnson on the formers state
ment that the latter swore in his il
legal vote in the second precinct of
the Third ward at the city election,
came to an end in Justice Schroeder's
court this morning and the defendant
was discharged.
| During the morning the defense in
troduced evidence in the person of
Joe Exncr, who swore that the magis-
trate made out the affidavit that ena-
bled Patch to vote although he did
not know who did the swearing in
This was not in accordance with the
| testimony of some of the witnesses
| for the prosecution.
| q. w. McCaskrin, attorney for the
defense, repeated his efforts of yes
tCrday to have the records of the pre-
cinct where Patch is alleged to have
voted brought out, and asked that
! the law be shown that would Justify
the city clerk in Withholding them
except upon the demand of the coun-
ty court, but the justice held against
him and the records were not produc-
ed.
! 1t was enormously stated yesterday
that the charge had been amended to
! Islander. The amendment did not
change the nature of the charge, but
went more into the details in the eff
fort to sustain the libel charge. Ac-
tion for Islander may yet be begun, in
fact the magistrate states that he is
not done with the matter.
Yesterdays Proceedings.
During the trial yesterday after
noon an attempt was made by the
defense to have the ballots and affida-
Wits used in the second precinct of
the Third ward produced in court as
final and conclusive evidence in re-
gard to the party who swore in the
vote that Patch is alleged to have il
legally east. City Clerk Schaffer, who
is custodian of tire effects connected
with the election, was placed on the
stand and stated that he had no au-
thority 10 go back Of the returns on
the demand of any court below the
county tribunal and he refused to do
so.
The judges of election in the sec
ond precinct of the Third ward, F. H..
Schroeder. Peter Schlemmer and Gus
tav kIotz all testified that Magis-
trate Johnson not only did not swear
in Patch's vote but did not swear in
any vote in that precinct. The mag
istrate himself. when placed on the
stand. told of the incidents of the
day and of having walked to the poll
ing place at 10 o'clock in the morning
in company with Patch and Charles
p. Holt. but stated that he did not
have anything to do with Patch's
vote eitherr directly or indirectly.
Holt. when called upon. testified that
Patch voted in the morning and that
the magistrate did not buy him a bot
tie of whisky, as the old man alleged.
Defendant Stands Firm.
Against all of this the defendant
when placed on the stand, stoutIy
maintained that the magistrate did
swear in his vote at o'clock i'll the
afternoon and afterward did buy him
a couple of drinks and bottle of
whisky.
Other witnesses examined were Aid.
4. G.. Anderson, who told of.the story
the defendant related before the com
mittee of the city council, of which
the witness was member. and Karl
Bickel, reporter for the Davenport
Times. who told of the circumstances
under which he obtained the version
of the defendants story published
the day following the council meet
ing. As the defendant was not per
sonally interviewed the testimony was
irrelevant to the case in hand, was
that of the son, Charles Patch, who