The Leon reporter. (Leon, Iowa) 1887-1930, 1905-02-16
BILL RICHARDS iIQ'.PfN
Supreme Court Refuses Him a New
Trial and lie Must, Serve Is
Years for Robbery.

rial and ne Must Serve ID
Years for Robbery.
Former United States Deputy. Marshal
"Bill' Richards will have to serve his
sentence Of eighteen years in the state
penitentiary for the Sullivan robbery at
Hamilton, January 2, 1908. This state
'ment is based on the decision of the
supreme court affirming the verdict Of
the district court in Warren county de-
claring Richards guilty of participation
in the robbery with Frank Baird, who is
now serving an eighteen year sent nee
at Fort Madison for the same crime. A
procedendo will at once be issued di-
recting that Richards be committed to-
the penitentiary and unless he succeeds
in fling sufficient bond for a rehearing
in the supreme court Richards will be
wearing the stripes in few days; pend
ing the appeal to the supreme court he
has been at liberty on bond signed by
his brother.
The arrest and prosecution Of Rich
ards for the Sullivan robbery attracted
as much statewide attention as any
criminal case of recent years owing to
Richards prominence as deputy United
States marshal in the southern Iowa
district. He had retired from that office
but short time before the robbery and.
was supposed to be engaged in special
hunt for the murder of Sheriff Strain of
Monona county under employment of
the State Sheriffs' association.
Richards was indicted on the confess
sion Of Frank Baird, who claimed that
Richards planned and assisted in the
execution of the Hamilton robbery in
which Baird was shot and captured.
Baird also implicated third man named
Charles Redrup, who, however, Succeed
ed in escaping. Following the confess
sion of Baird, Richards disappeared from
the state for several weeks, but finally
surrendered and gave bond for trial. He
was indicted by the grand jury of
Marion county, but the case was taken
to lndianola in Warren county on
change of venue and tried there in the
fall of 1903. The jury returned YER
dict of guilty and Judge ]. H. Applegate
sentenced Richards to eighteen years.
Appeal was then taken to the supreme
court.
One Of the chief points in the appeal
was the contention that the Indictment
had been illegally returned. against
Richards owing to the fact that the
grand jury had been impaneled in
room of the court house other than the
regU:as COURT room. The supreme court
in its opinion makes the mistake Of To-
eating the Indictment of Richards at
lndianola in Warren county, while the
fact is that the Indictment was returned
in Marion county, where the alleged
illegality occurred. The trial, however,
took place at Indianola. In upholding
the regularity of Richards Indictment
the supreme court in an opinion by
Justice Sherwin says:
"After the court was convened in it's
regular room in the court house and
opened for the transaction of business,
the presiding judge announced from the
bench that the session would be adj
journed to the Office of the county sup
erintendent on the first floor of the court
house for the purpose Of impaneling the
grand jury. This was done and the
grand jury was impaneled in said room
and afterwards returned the Indictment
on which the defendant was tried. Be-
cause of the foregoing facts the appel
lant contends that the court was not
legally in session, nor the grand jury
legally impanelled. The court holds,
however, that there is distinction be-
tween the cases cited by the defense
and the one at bar.
ut may be readily conceded that the
word place may sometimes mean par
ticular room or a particular spot in a
ROOM, says the opinion, "but we are
cited to no judicial construction OF lin
lting it in case of this Kind. If the
Court be held in the butldingt provided
by law, though not IN the room set apart
for that purpose, we think the require
ment and reason of the statute are fully
met. The proceedings when the grand
jury was impaneied were public within
the meaning of the statute"
The robbery for which Richards must
sow begin his sentence of eighteen
years in the state penitentiary was
committed at the home Of 3. P. Sullivan
in Hamilton the night of Jan. ., 1908.
According to the Confession Of Frank
Baird, Richards planned the robbery.
visited at the Sullivan home the day of
that the family had nearly $500 of money
have arranged the preliminaries for the
WIFI DdlEu III SfcSUOu Uu0 udy
before and sent telegram to him in
cipher that implicated him directly in
the robbery. This telegram was an i'm
portant bit of evidence in the trial of
Richards.
The evidence showed that Richards on
the night of the robbery had taken the
Sullivan boy from his home to restau-
rant. After getting the lad out of the
way Richards is said to have given
Baird and Redrup, who were waiting for
him, the signal to rob the house. Rich
ards was also charged with providing
the men with mask, revolver and an
lee pick, the latter from his brothers
saloon. Three masked men entered the
Sullivan home and after forcing the
family to give up the money, about $500,
hurried away. Mr.. Sullivan, however,
grabbed up a shotgun and made after
the robbers. He succeeded in wound
ing Baird, who was captured several
hours after at the home of Hamilton
physician where he had succeeded In
II, hox, u