Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-10-17
Attorney J. w. Hillyard Must
Stand Trial on the Charge
OF Forgery
CROOKED WORK in LAND DEALS
Well Known Lawyer and Real Estate
Man, Of Bows, Gets Himself Into
Serious Trouble and May Be Sent to
the Penitentiary-Four Indictments
Against Him at Clarion.
pecial to Tlmes-R Republican.

| Dows Oct. 17.-'rhe indictment Of
Attorney j. w. Hillyard, OF this place
by the grand jury at Clarion last Week
has attracted renewed attention to his
case, the developments in which are
startling. Although the amounts Sc
cured by Hillyard's alleged hlega
| transactions do not exceed $4,000, sc
far as disclosed, yet the fact OF his
| prominence and general good reputa-
| ton heretofore made the disclosures
all the more startling. Hillyard has
| been in the real estate business to a
considerable extent during his eight
| years residence here, and the foul
cases on which indictments We're found
were forge1ies committed here, the
transactions having extended over q
period of severa1 years.
The first was cl1attel mortgage and
note to which was affixed the name OF
e. o. Ogden covering live stock, which
was purported to have been given to
j. H. Popejoy of the town of Popejoy
and on which Hillyard secured $1,000
He paid the note and took it up sew
eral times issuing a new one as he
needed money The last time he
made "a payment of 5000, and neglect
ed the matter when the remaining $500
became due. A notice was sent to Mr.
Ogden and the forgery discovered He
was in the real estate business at the
time and pressed for money when 1t
became due. He has since sought to
meet the civil obligation, but this in
no way affects his criminal RESPONSE
bility.
After this his transactions were in
vestigated. A note for SIS to which
was signed the name of j. S. Winslow,
wealthy farmer living near Bows.
was the next to be discovered. This
was sold to Jas. Williams of that town
at a discount of IS. Another. on which
an indictment was found was note
for $1,000 signed by Hillyard and his
father-in-law James Green. The note
was given to H. H. Oberton and the
face of it secured by Hillyard.
Another offense committed by Hill
yard, but on which no indictment has
been found, was an attempt which
came near being successful, to defraud
Mr.. and Mrs. c. A. Tripps an old cou-
pie living at Pecatonica, ILL.,, and Sc
cure possession of 160-acre farm
owned by them few miles from Cla-
rion. The farm is valuable one, we'll
improved and worth $4,000 to $4,000.
This transaction came to light few
months ago. but heretofore has been
known to none excepting those directly
interested.
A few months ago Hillyard told G..
H. Jameson. banker at Bows. that he
had made a deal with Mr.. and Mrs.
Trip to trade his equity in farm in
Worth county near Northwood to them
for their equity in the Clarion farm.
He also told Mr.. Jameson that thu
deed and abstract would be forwarded
to the bank by the Trips. In few
days the papers arrived and with them
letter to which the name of Mr..
Trip was signed, stating that he was
moving from Pecatonica to Galena, Ill,
and all further correspondence should
be addressed to him at the latter place,
giving his box number. There were
several details relative to the transac-
-tion which required investigation, and
Mr.. Jameson wrote Mr.. Trip at Ga
lena, receiving replies promptly. Ev-
erything seemed satisfactory. The deed
and abstract were in the hands of the
banker, and letters purportfng to come
from the grantees explained that all
details of the deal were satisfactory
On the suggestion of Hillyard the
banker wrote to the recorder of Worth
county and learned that deed from
Hillyard to Mr.. Trip had been re-
corded in that county. conveying 100
acres as claimed by Hillyard.
Through Mr.. Jameson, Hillyard was
negotiating loan of $4,000 from Rob-
inson Bros, of Hampton, and the trans
action had reached stage where the
draft had already been prepared for
Hillyard, when the Hampton firm
wished to secure some definite infor-
nation regarding some point and
wrote Mr.. Trip, directing the letter to
Pecatonica, instead Of Galena. He re-
ceived reply by return mail stating
the Trips never had any dealings
with Mr.. Hillyard and had no deal
pending for the sale or exchange of
their property.
This of course put stop TO the deal
and it has been learned the whole
transaction was series of clever for
geries. The Trips are 80 years of
age, and in all probability will not live
many years. Had the deal gone
through it is probable the deception
would not have been discovered be-
fore their death. and had it been aues-
toned afterw7ard no witnesses could
have been produced to testify as to the
signatures. An affidavit which was
genuine was secured by Hillyard from
a county official at Pecatonica, stating
that the justice of the peace who took
the acknowledgment Of the signatures
of the old people was at the time an
acting justice in the county.
No attempt was made to secure an
Indictment on this charge for the rea-
son that the Trips are too old and
feeble to travel and could not be pres
ent to act as witnesses Should it be
impossible to secure conviction on
the four indictments County Attorney
Flynn will take up the case, as he now
has all papers and evidence in his Of
fee The justice before whom the ack-
nowledgments was taken, 1t has since
developed, was i'm Florida at the time
the deed was signed.
Prosecutor SchooImate.
The duty of prosecuting Mr.. Hill
yard will devolve upon County Attor-
ney Flynn, Of Eagle Grove an old
schoolmate and friend.
Mr.. Hillyard is native of Iowa