Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-07-01
G. J. ELNE[L IS
FOUND NOT GUILTY
Declared Innocent at the Pre-
liminary Hearing Held
Tuesday Afternoon
ARE AT A LOSS FOR MOTIVE
Attorneys Interested In the Case and
the Defendant Himself Can Not Un-
derstand How Esther Miller Could
Have Conceived Such a Diabolcal
Plot to Ruin a Character.

Have Conceived Such a Diabolical
Plot to Ruin a Character.
Chiron j. Elwell, the well-known
Iowa Central machinist who was placed
under arrest Saturday evening upon a
charge of rape. preferred by Esther
Miller, aged IL years, was discharged
day afternoon after being declared
not guilty. The establishing of Mr..
Elwells innocence is the source of gem
eral qualification among his many
friends. who refused to believe from
the start that he was anything else
but innocent. Universal regret is also
expressed that action should have been
commenced at all, and it has raised
the point in the minds of many, Who
is safe from a child who will willing
ly and without any apparent regard
for the truth attempt to ruin char
acter, and especially the character of
one who was trying to be her best
friend?'
The evidence, which was heard pri
vately by the court and attorneys, was
most repulsive in the extreme. At
torneys who have had knowledge of
the criminal docket of the county for
years say they remember nothing like
it. The girls story, corresponding in
l1t II. Lac ,,~;t !, IA
err, and to the statements made before
the county attorney before the action
was brought, and before friends who
brought the matter to the attention
of the state, remained mistaken in
court. 1t could not be altered to any
great amount in the cross eXamina-
ton, which makes the affair still more
peculiar. The prosecuting witness was
on the stand two hours. The charges
that she made were such that there
was no person who could have been
a witness to the alleged crime, and no
one except, Mr.. Elwell himself, there
fore, could make denial to the Grim
inal acts that were charged against
him.
The states case was weak in the
matter of corroborating circumstances,
as it was not proved that the circum-
stances tended at all to connect the
defendant with the offense charged
Testimony of physicians who had eN
amined the girl was given, but they
could not swear positively that an as
sauit had been committed.
In addition to the positive and gen.
eral denial of the charges of intimacy
the defendant had a number of good
witnesses who testified to his char
acter as being of the best. Among
them were B. A. Morgan, James Fular-
ton, Byron Webster, John w. Wells
C. Ewald, George Trautmann and
Charles A. Miller. Not only was his
character sworn to be good and above
all reproach, it was shown to be better
and purer than the standard generally
placed by man.
c. A. Deuel. testified to the girls
character, and to the fact that her
for truth and veracity was
not of the best His knowledge of the
girl came about because of her having
lived with Mrs. Sophia Ferguson, Mrs.
Deuell's mother. Mr.. DEUEL. swore that
the child was vicious, and that Mrs.
Ferguson was unable to do anything
with her An important point in the
defense was made by four physicians,
who gave expert testimony showing
that the defendant was not physically
capable of committing an assault of the
nature charged.
At the conclusion of the testimony
of the defense County Attorney North
up refused to argue the case, as he
was thoroughly convinced OF the de-
PENDANTS innocence.
The motive for the statements of the
girl, which led up to the filing OF the
is still! mystery in the
minds of all who have had anything
to do with the case. One reason that
is offered as possibility for motive
is that the girl has read or heard of
people who have got money for similar
cases, and thought she might be finan- |
,ially bettered. Another, thought on
he part of some, is that the girl has |
always wanted to be with her mother In
Des Moines. Mrs. Miller was unable
% care for her, as she is employed |
n the city and could not be at home |
,nly in the evenings. Because she |
wanted to go some think that she con-
;idered If she could make her mother
eel that she was being mistreated here,
The might send for her.
Northup Pleased With Decision.
When County Attorney F. E. North
lp, who was. prosecuting the case was
ee.l Tuesday night, he said he was
pleased with the decision of the justice
md thoroughly believed Mr.. Elwell to
,e innocent. He said while this was
lis belief after hearing the evidence,
lie as firmly believed before. with the
iris letter and written statement as
that the state had a strong
ase, and one on which he felt perfect
v warranted in prosecuting. He said
he case was a most peculiar one and
ne person might encounter only once
n a lifetime. He was astonished at the
hid and considers her wrong mentally.