Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-07-27
To Convince Supreme Court
That His Crime Mas Technic-
ally Only Manslanghter
THE INDIANS Arr: DISSATISFIED
Governor cummins to investigate
Question of Ownership of Land Oc
cupied BY the Musquakie indians, in
Tama county--Gluarrel of Long
Standing Between Factions in Tribe.
Special to Times Republican.


two years and is still nominally under
sentence OF death without any expec-
tation OF adjoining Il moose. will make
another attempt To convince the SUI
preme court that his brutal crime was
technically only manslaughter. His at
torneys have filed {. petition for re-
view of the divided condition of the
court there is great probability Of the
case being reopelisd. The chief reli-
ance OF the defense Is in regard To the
admission of evidence concerning the
alleged confession of Busse. This con-
fession, said TO rave been in writing
was not introduced, but portions of Ii
were presented orally, and the defense
claims that the suppressed portions
would have affected the case materi-
ally. The other contention OF the de-
Tense is that while drunkenness is not
an excuse for crime II ii could be
shown that the defendant was drunk
il would have material bearing on
whether his crime was premeditated
He claims that he flew into rage
when his wife struck him over the head
with chair aand he seized the chair
and killed her. The court held that his
drunkenness was not shown, though
there. was evidence he had taken three
or four big drinks of whisky just a
shor. time before the crime. The case
is in a peculiar condition. The court
after considering The case. reached the
conclusion there should be reversal and
one Of the judges wrote an opinion TAX
ing this view. Then another wrote .
dissenting opinion. holding the trial
had been fair and complete. Before
the announcement was made the dis
senting opinion gained converts. and
at the finish the cour. lined up three
against three While this leaves Bussa
still under sentence of death there Is
no way of having the sentence exc
cuted until the governor reviews the
case and reaches the conclusion tina;
his life imprisonment should be ter.
minated by q hanging. AS the COVER
nor is not likely to ever take such a
ster Russe viii remain indefinitely III
prison, unless the court reopens the
case and grants him a new trial on a
-,ling which would make 1t impossible
tc convict for any greater crime than
manslaughter.
Governor A. E.. Cumnlins will inves-
.igate the question of ownership of the
ard occupied by the Musauakie, or
Sac and Fox. Indians. in Tama county,
md try TO settle quarrel OF long
a l.
fhe hereditary chief of the tribe, a
slender young nan, and the regent
hief, fat old man. with a score Of
so.loWers. held conference with the
Governor in his Office and laid before
i'm the deed to at least a portion of
he land used by these Indians. and
represented TO aim that they are being
rowded out by Winnebagoes from
Wisconsin, Minnesota and Michigan,
gho are recognized by the usurping
chief of the tribe. This usurping chief
mas been given standing by Commiss-
.oner Jones AMI is recognized by Agent
Nalin. who since the abolition of the
agency is astiag as superintendent of
he school. 1t appears that the Winnie
agoes are mere industrious than the
head of the later. hence the complaint
he land was originally bought by the
1dians out of their annuties and the
Tile was In the governors of Iowa in
rust for the Indians. 1t seems. how
yer. that the land has been transferred
the United States in order that the
chool at Toledo might be established.
rhe Musuuakies are stiil stubborn and
efuse to countenance this school They
are dead set against education of any
Zind and they refuse to send their chill
lren to this school. In fact there are
only three of the Musquakie children
in the school at the present time and
about forty Indian children from other
states. The lHusquakies so much hate
he school that many of them refuse to
20 to Toledo 20 get their annuities, and
much of the money due July ! remains
in the hands of Agent Malin. They
were formerly paid on the Indian lands
at the agency house, but since Malin
Became head of the school he has re-
luired that the Indians go there to get
the money. This is so distasteful to
the Indians that they prefer to let the
money lie idle. Governor Cummins,
after the conference. stated that he
would investigate the matter but
loubts If he can do anything unless it
should be thru question as to actual
ownership of the Indian lands
Residents of Jackson county in the
vicinity of the place where it is pro-
posed that the new station is to be To-
Gated on the Milwaukee complain that
they have been misunderstood In that
the demand iur the new station comes
not from the town of Spragueville but
from the farmers near by. The farmers
claim that hey are entitled TO sta
lion at some point on the Milwaukee
cut off, and are urging the railroad
commissioners to order Il siding put in
Mt the place designated. The commits
sioners have not decided the matter
because nof all the papers in the case
have been received.
A great many inquiries are coming to
state officers in regard to the new law
which provides for counties fixing
license fee for peddlers in the country.
There is some misrepresentation of the
law and belief that If enforced it will
any kind of canvassing in the
country or taking orders. This was not
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