Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-01-14
Man Arrested In Order to Get
Divorce Evidence Against
Him Is Not Indicted
COUNTY HAS TO PAY EXPENSE
County Attorney Northup Scores II. w.
Curtis, Prominent Railroad Man of
Omaha, For Method Pursued-Uses
Officers to Gain Personal End =
Weiss Has Ground for Action.

A. ]. Weiss, the Russian Jew who
was arrested at a hotel in this city on
the afternoon of December II upon
charge of lewdness, and who has been
in Jail since that time awaiting the
action of the grand Jury. was given
his liberty by Sheriff Hutson Friday
evening, after the grand jury had re-
ported and failed to indict him. This
is the case in which every attempt was
made to keep quiet at the time of Its
occurrence. II. w. Curtis, of Omaha,
general western passenger agent OF the
Nickel Plate railroad, was the COM
planning witness, and the object in en-
evidence against him In order that his
sister might secure divorce from him.
Weiss wife refuses to prosecute her
husband on a Charge of adultery, and
the grand jury could not indict on
charge OF lewdness, because OF the cir
cumstances surrounding the ensnar-
ment of Weiss, which did not afford
ground for the latter charge.
County Attorney Northup. when seen
today, did not hesitate to censore Mi
Curtis for the manner III which he
had acted in securing Weiss arrest
The county attorney was not IN the
city at the time of thu arrest. and knew
but little OF the facts surrounding the
arrest, excepting as he had been told.
4 subpoena has been issued for Curtis.
and 1t was not known tha. he vas in
the city until the T.-R., on Thursday
evening, announced his presence here
on Wednesday, The sheri!f's office at
that time had a subpoena for him, and
q telegram sent to him at Omaha.
asking that he come, was not replied
to.
1T looks very mush to me-" said
County Attorney Northup. "as tho
Curtis had simply used our officers IN
accomplishing his end, which was
strictly O personal matter with him.
We had no evidence be-, the grand
jury that Weiss had ever beaa married,
or that the woman with whom he
was found in this city was no. his wife.
In fact there was nothing IN the case
that would give this county ground
for any action whatever. AS 1t stands
this county has to bear all the ex-
pense, including Weiss custody since
the time of his arrest. tn, costs Of the
preliminary, and the grand jury costs.
The wife refuses to prosecute The
man on the ground of adultery. and
in my opinion 1t would be illegal to
indict him for leWdness, In view of the
compromising position VITA the woman
I.t~ iva AZ l
known Curtis was in the city the other
evening. / guarantee would have
had him before the grant jury, as we
held this case open until the last, IN
the expectation that he would come"
When Mr.. Curtis was in the city
Wednesday afternoon he was asked by
a T.-R. man il he was here to go be-
fore the grand jury. He said no, but
that he would appear before that body.
The Weiss case was ona Of the most
peculiar that has eyer been )efOAe the
local officers. Curtis sister, formerlA
Miss Mabel Curtis, now OF Omaha, hao
married Weiss in Minneapolis last
summer, and 1t was claimed by the
brother that he had secured eronI her
all the money she had, then deserted
her. The brother has been using every
means within his power to locate weiss
ever since, and had the woman detec-
tive. known as Mrs. A. NJ Roberts, OF
the Pinkerton agency, on the case. The
woman pretended before Weiss to be
wealthy and made an appointment with
him here. They were found in
compromising position in hotel in this
city. the officers having been secreted
in another room, ready to effect the ar
rest.
Weiss Has Ground for Action.
According to County Attorney
Northup Weiss has ample ground for
action on the ground of malicious pros
ecution, for the supreme court has held
that in a concerted effort to lead
man into committing a crime. In order
that he may be arrested, is illegal.
Curtis only wanted the evidence
against Weiss, in order that his sister
might secure divorce, and the justice
court record would be sufficient for
him to furnish as evidence in the Ne
braska courts.
SOMETHING FOR LADIES.