Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-03-10
Iron King Is Out Of the Chad
wick Case and His Fees
Earned
THE LAWYERS SPLIT HAIRS
Judge ovcrrules Their Technical Con-
tentions-cIaimed That Mrs. Chad
wick Could Not conspirc in Certify
ina Checks Because She Was Not an
Officer of Bank.

present trial OF Mrs. ChaaWiSh' - on
should be acquitted this time, Mr.. Car
neyie might appear ut a subsequent
trial, but as far as the eXistifs e"se
is concerned, his pay is waiting for MN
and he is at liberty to so home.
United States Marshal Chaha'er
made out "A check for $6a.40 ior MI
Carncgic's order, and 1t is held IN the
marshals Office pending Mr.. carnegie .
call for it. If he does not call Tor IL
1t will be mailed to him.
The defense made a desperate effort
to have the case taken from 'he jury
ana verdict OF acauittal rendered nS
the court. After arguments ias''hs
thru the greater part of the day. jugs
Taylor. lust prior to the afternoon au-
tournment. overruled the motion. me
defense also attacked two counts Oh
the indictment and asked that certain
parts OF the testimony OF the govern
ment be stricken out. An adlnlssio'.
from the Judge that he dlh not resaru
the two counts as good" was the eN-
tent of the satisfaction secured by the
defense. The acquittal Of the 'defen-
dant was asked on the ground that the
Indictment charged her with conspiring
to- commit an offense against the Unit
ed States, IN that she conspired win
Beckwith ard Srear to certify illegal
checks OF the Oberlin bank.
1t was claimed by the attorneys for
the defense that Mrs. Chadwick, not
being an officer of the bank, could not
certify checks, and that she could not
be charged under the law with conspir-
ing to commit an offense in conjunction
with others, which she had not the
power to commit alone.
Some Legal Hair Splitting.
In stating his contention to the court
Judge Wing, for the defense, said:
THE charge in this case is not certify
ing checks. 1t is conspiring to certify
checks. A conspiracy between an Off
cial OF a bank and u person not ar
Official of the bank to certify checks Is
Impossible, for the reason shat 1T re-
quires two to conspire. and Nshe person
not u bank official not having the pow
err to certify checks cannot conspire to-
certify them"
He claimed also that Mrs. Chadwick
could not be punished, even granting
the allegation Of the state that the
checks had been Illegally certified.
There was in the United States stat
utes, according to the speaker, no pun
ishment provided for others than Off
Gals of national banks for fraudulently
certifying checks, and therefore nc
other person could be punished for
certifying them, or conspiring to GER
tify them.
asked Judge Tayler.
This referred to a decision recently
handed down by the United States
court of appeals in Cincinnati, where
1t was held that a person who conspir-
ed with the official of q bank to pro-
cure the making of a certain entry on
the books of bank designed to cover
up shortage in the funds Of the bank
was, altho having no hand in the MAX
ing OF the entry, as guilty of conspir-
acy as was the man who made it.
Judge Wing commended that the cases
were different in that Mrs. Chadwick
could not certify checks, whereas tne
prisoner in the Scott case could make
the entry on the books if given an OPP
portunity.
District Attorney is Brief.
District Attorney Sullivan in argn-
ing for the government spoke very
briefly. He read the decision in the
Scott case and said that he rested his
case upon it. He claimed the indict-
ments in the Scott case and in the
Chadwick case were similar and that
the cases correspond in other respects
Attorney Dawley in closing for the de-
PENDANT, asserted that the indictments
in the two cases were not similar. In
the Scott case the indictment declared
that the defendants had conspired zone
with another and together" / n the
Chadwick case the allegation was tina,
she conspired with Beckwith and there
was no charge that Beckwith cOnspir-
ed with her.
He asked that the letters submitted
Wednesday in which Mrs. Chadwick
sought to make arrangements for The
certification of checks when she had
no money in the bank and as result
of which one check was certified sew
eral days before it was signed by Mrs.
Chadwick be taken from the testimony.
He argued that this was promise that
the money would be present at the
time the check would be signed, and
not, properly speaking, a check at all.
He asked that two counts referring to
this check be stricken from the indict-
ment.
In regard to the letters, he insisted
they were not competent, because, all
tho Mrs. Chadwick had written them,
there was no evidence in the case to
show that she had ever mailed them,
nothing to show that they had been re-
ceived by Beckwith or Spear or had
Influenced them in any way. Judge
Taylor in deciding the motion asking
the removal of the case from the jury
declared that the court of appeals had
in the Scott case covered the ques-
ton raised by the defense. and that
it was therefore overruled. He did not
regard the two counts of the indict-
ment as good, and was willing that
they be killed The letters, Judge ray-
lor said, We're competent evidence.
There was nothing in the case to show
that they had ever been received by
Spear or Beckwith, but they were,
however, statements made by the pris-
oner, and he would allow them to re-
main, declaring that he would ir his
charge instruct the jury concerning
them.
$4,000 Die of Plague in Week.
Calcutta, March 10.-The deaths
from the plague last week numbered
$1,000 Statistics show that the deaths