Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1906-12-11
COURT DISMISSES
FIVE STATE CASES
BLAkEsBURG MEN UNDER INDlcT.
MENT FOR GAMBLING AND
PERJURY DISCHARGED

acting on motion filed by County
Attorney w. w. Epps, Judge F. w.
Eichelberger has dismissed the cases
OF the State of Iowa VS.. William Hall,
Lewis Henderson, Charles Tinsley and
Otto Peterson, all Of them residing at
Blakesburg. These cases are the ones
known as the Blakesburg cases and
the indictments are believed in large
measure, to have been due to a neigh
borhood quarrel which has been in
progress in the little town. In fact the
county attorney in his motion states
that he believes the indictments to
have been secured in part through the
influence of private prosecutors who
were actuated to spirit of revenge.
This quarrel is said to have had It's
beginning in the case OF Fritz VS. Hall,
a civil action.
William Hall was indicted on the
charge of keeping gambling house
as was Lewis Henderson. Tinsley and
Peterson are charged with perjury,
the grand jury returning two bills
against the later.
Water Company Case Continued.
Acting on the motion of Attorney
William McNett, who appeared for the
Public Water company, Judge F. w.
Elchelberger Saturday afternoon or.
dered the case Of the state of Iowa VS..
the Public Water company continued
until the March term of court. The
impracticability of doing any work on
the North Court street reservoir at this
time and the willingness of the com
pany to make the needed repairs If it
is possible for 1t to do so, were the
principal reasons advanced by Mr.. Nc
Nett in his arguments on the motion
for continuance. The company was in
dicted at the August term of court for
maintaining a nuisance, the jurymen
holding that the reservoir was a men
ace to the life and health of the resi-
dents of the vicinity and of the city of
OttumWa
Motion for Dismissal OverruIed.
The motion of the defendant in the.
case of the state of Iowa VS.. 3. H.
Skinner, charged with fraudulent bank
ing, has been overruled by Judge Eich-
elberger. Mitchell & Hunter, the at
torneys for the defendant, asked that
he be dismissed on the grounds that
two terms of court had elapsed be-
tween the time of the indictment and
the bringing of the case to trial. The
state claimed that Skinner had waived
this right by asking for a continuance
and change of venue since the case
had come to trial
Jury Says Not Guilty.
The jury in the case of the state of
Iowa VS.. j. B. Carmen returned into
vourt Friday afternoon at 8 O'Clock,
after having been out for about three
hours with verdict of not guilty.
Carmen was charged by indictment
with obstructing a highway, it being
alleged that fence along his property
on the road between section 81 and %
in Pleasant township extended out into
the road from six to eight feet. The
defense claimed that the present fence
was built on the same line as former
rail fence that had stood for many
years, while the state alleged that it
was several feet farther out than the
old fence.
Hervey Smith Pardoned.
Hervey Smith, who was convicted of
seduction at the August term of the
district court of Wapello county in
1902, Friday was granted full par
don by Governor A. B. Cummins.
Smith, though sentenced, was never
confined in the penitentiary. This case
attracted considerable attention at the
time of its trial. After the conviction
he was sentenced to one year in the
penitentiary, but the case was appeal
ed. The supreme court Of Iowa affirm
ed the decision Of the lower court.
In September, 1904, Smith was pa
rolled by the governor and yesterday,
little over two years later, he was
granted a full pardon. Jaques & ia
ques were his attorneys.