Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-09-22

Ex-Deputy United States Marshal,
w A. Richards, charged with compile
ity in the hold-up of the Sullivan fam
lily at Hamilton, last January, has been
denied continuance before Judge
Gamble at Indianola and will be fore
ed to stand trial before that court
Judge Gamble overruled every mo-
ton offered by Attorneys Mentzer and
Powell, the ex-deputy' attorneys, who
charged prejudice on the part of the
court and set the claim that most of
their clients witnesses were out of the
state and could not be secured for this
term. County Attorney Clammer adj
mitted for the state that the witnesses
referred to would swear to the facts
set out by the defendant and Judge
Gamble overruled the motion, forcing
Richards to an immediate trial.
The decision of Judge Gamble is a
hard blow to the defendant who sought
for and secured change of venue
from Knoxville last spring in order to
try the case before another court, and
because of the prejudice existing in
Marion county. The change of venue
was granted at the time but as it hap
pened Judge CANDLES circuit took him
to Indianola for the September term.
Had Richards remained at Knoxville
another judge would have presided.
1t is understood the attorneys for Rich
ads while they are not at all pleased with
the decision of the court, are convinced
that in case of a conviction the error of
the court would reverse the decision in
the supreme court
A Bold Crime.
The Hamilton hold-up was one of the
boldest ever attempted in this part of the
country. On the night of January 1. mask
ed men entered the home of Peter Sullivan
and demanded $1,000 received in the sale
of land on the day previous, and secreted
| in the house. When the money was not
produced a lighted lamp was placed under
the bare feet of the woman who was tor
tured until she consented to tell of the hid
| ing place. As the men left the house Peter
i Sullivan seized n shot gun standing behind
the door and fired at the retreating figures.
One of the robbers, who afterwards proved
to be an ex-convict, Frank Baird was shot
| in the face and arrested. The other es-
4 capped.
| Ex-Deputy Marshal Richards appeared on
| the scene shortly after the shooting and
| took charge of the prisoner. Mrs. Sullivan
| is said to have recognized him as one of
| the masked men from hat he wore. At
terward Richards left the country and he
| WIS luulCleu. l-aleE Ue reluFueu, gave
bonds and will be ready for trial next
| week Baird was convicted and sentenced
| Objection to Judge Gamble is based upon
| utterances made Mt the time Frank Baird
| was sentenced at Knoxville last spring. Ii
administering judgment Gamble is alleged
to have remarked that the defendant wa!
guilty and that he was not alone: tina
Il While it was clear that Baird went into TIL,
1 house and attempted through force to com
4 pei the Sullivans to tell where the trcasur,
was hidden. CHIP Richards was the ac
cessory and in fact planned the entire raid
Il Feeling among the friends of Richards
was intense upon the declaration of Gam
4 BILE and effort was Immediately made t.
get the case transferred to another county
i When it was found that CANDLES schedule
would take him to Warren county no one
! thought he would try the case. Even some
of his colleagues on the bench expressed
the belief that he would turn the matter
over to another judge in view of his al
legged prejudice The decision yesterda,
morning came as profound surprise
4 Il had no idea that Judge Gamble woult
insist on trying me after his utterances Il
, Knoxville when Baird was sentenced,
said the defendant, Richards. I'VE hay'
!. plenty of witnesses that he SAID just wha
we have charged him w.,h saying and HI
has never denied it. Our affidavits scttin,
, out the fact that he was prejudiced ant
E the reason why he was prejudiced wer
submitted to him Thursday and he ha
never said one word against the charge
we preferred. Whether or not | am to ge
: justice in such court remains to be seen.