Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-10-14
EARL IS DISCHARGED
Indian Murder Case In Federal
Court at Cedar Rapids
Comes to Sudden End
LACK OF EVIDENCE THE CAUSE
Indian Girl Who Witnessed the Murder
Goes Back on the Statement That
She Recognized Earl as the Slayer of
Seepo-Trial Promised to Be sensa
tionaI.
Special to Times Republican.

the murder of John Seepo, on the Tam;
reservation. came to a sudden close thu
morning when Judge Mcpherson, IL
the federal court ordered the case dis
missed for lack OF evidence. Earl wa:
released.
The prosecution received decided
setback when it discovered that tbs
girl, contrary to her statements made
on previous occasions. would not testi.
fy to having seen Earl commit thu
crime. She denied that she had any
knowledge as to who killed John Seepo
She said that Ii was pretty dark ane
she could not tell who the murderer
was. When District Attorney Me-
MILAN asked her IL she did not remem-
Der saying positively that Earl was the
man. and pointing him out on severa
previous occasions, she said that she
could not remember having done SO
When asked IL she had not repeatedly
declared to the grand jury that she was
sure Earl was the murderer she pro-
fessed to have forgotten such declara-
lions. When she was asked TO refresh
her recollection of charges made
against Earl before United States COM
missioner Stewart, she said that she
had no recollection OF accusing Earl OF
the murder at that time. Up TO the
fine she retracted statements pre-
yiously made the chain of circumstan-
t,al evidence seemed to be Tightening
around the accused man. 1t was clear
aas seen With Seepo on the afternoon
NJ the day the latter was murdered,
.na the government had strongly sup
ported it's theory that Earl was the only
IVAN who knew of the Whereabouts OF
Eeepo that fateful night. the tesu-
mony of the Indian girl was satisiae
lory from the prosecution point u
yiew. up to the critical moment Wheh
N answer to question as 70 VINO !.
ras that came in upon Seepo anu hel-
pelf as they sat together upon ehe
hanks of the Iowa river on the Tesei va
ZION. she said that she did not kno"'
The question was repeated III uiilef-
.rt forms but she returned similar
answer each time.
Crowds at Trial.
Intense excitement was MANIFESTED III
the case and long before the Tune TOT
the onening of the court the court room
was we'll filed at.+ors
rna chief interest of the spectators
WAS directed towards the de1enoaht'
s,r.n,, Earl and the principal witness,
pan ,,o. sah-ah-ah The defendant sat
s,olidly in his chair near his attor-
,avs stolid as statue tho there
was an oriinous glare in MS eyes
while District Attorney Mcmillan was
describing the tragedy in his opening
statement to the jury.
pa,-mo- sab nah had the appear
ance of being much frightened Wheh
she entered the court room ana sue
drary her red and blue shawl closely
around her head while she was on Tue
witness stand, so that only hef eyes
md her nose We're visible but she
showed herself to be shrewd ana ADEPT
in answering questions.
Testimony introduced prior to that OF
the Indian girl was of tecnnical ciasai
acter referring largely TO the oouh-
daries of the reservation. the course
Of the Iowa river, etc. SOME sehsa
tfonal developments were expected IN
connection with the attempt OF sons
narties to intimidate witnesses LOT the
Irnited states. Judge Mcpherson IN
fimated as much yesterday ana saiu
onenly there were two or three parues
that ought to be In jail for the oHense
and that it was likely they wouid DC
before the trial ended. He expressly
exonerated Major Smith ana Johh NJ
Grimm. Earl's attorneys On the othef
hand the attorneys for the defense
onenly charge that the friends OF
Seepo have had charge OF pen-no- san
ah-ah and have made threats against
her IL she refused TO TESTIFY
Opening Statements.
perhaps the most interesting part
of the trial was the opening statements
Of the counsel. District Attorney Nc
MILAN after giving history OF the
reservation, said:
.There was a faction In rebellion,
he said. "As part Of the machinery
Of the government, an agent had been
annofnted and placed there with au-
thority to control these Indians, and
as a means of executing his authority |
he was authorized to appoint police
men.
"John Seepo was appointed as a
policeman by Agent William G. Mail. |
He was All luuidii VI AioAS tAA'AA ~ 49,
ary intelligence. a man of influence.
well qualified to ill that responsible
position.
"Now as have stated, there has
been q very formidable faction that
did not like the blue-coats; that re-
belled against the United States.
dit happens that the defendant, |
Frank Earl, belongs to the faction that
do not like the Indian pollcemen.This
condition obtained on the reserva-
ton on the second Of September, |
1903, Two faotions-one of the pro-
gressiye character, willing to accept |
all the benefits of this great civiliza- |
ton Of ours; the other In rebellion
against the authority OF the United
States.
1.-THE defendant here. Frank Earl, a
wear or so ago, was brought down
here to Cedar Rapids thru infor- |
nation Furnished by this Indian
pouceman, John Seepo, for a crime |
against the statutes of the United
States, that of selling liquor on the
reservation, and placed in the county |
Jail.
Motive for the Crime.
Frank Earl knew that John Seepo
was the cause of his arrest. He
went home full of bitterness against
John Seepo. His heart was full of
bitterness on the second of September
last. AS / have said, that was the