Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-01-01
A NEW POINT: |y>NB[L
Supreme Court Called Upon to
Decide UniqHe Case From
H'"i/ County
WORKMAN /cLA'Ms AN INJURY
WORKMAN /cLAlMs AN INJURY
Banker Iarson Said He Was Not a
Goq/ Painter and Lower Court Gave
y Verdict for s2os.ao-case is
)ealed--other Notable Cases Be-
IRE the Supreme Court.
necia, to Times-Republican.

Il A'AS''NN'
court is to be called upon to settle
| the question of whether or not man
can recommend another as being q
| poor workman and he sued for lpel
Abe Vail brought suit in Hancock
county against Lewis Larson the
president of the First National Bank
of Britt. charging that he told diff
ferent persons that he NafD was u
poor paper hanger and painter me
lower court gave him a Judgment OF
| $500 damages and $2o3.30 costs and
Larson has appealed to the supreme
4 court. In his petition to the lower
court Vail claimed that Larson
told A. w. Tyson, o. j. Cleve-
land, Anthony Baker and o. j. Fosen
that he was poor painter and paper
hanger. writing a letter to Fosen in
which he said: I'VE consider him the
poorest painter in town." Vail sued
for $4,000 damages. In his defense
| Larson claimed that he was a member
of the school board of the independent
district of Britt of which Tyson was
| also a member and that Vail was an
applicant to paint the school mouse.
He alleges that he acted IN ms oiilc'al
| capacity and without malice ana was
forced to express his opinion by the
| duties of his office. His statements 10
| the others We're much IN the same way
and concerned work of pubic ma
ture which Vail was to do ana IN
which Larson was Interested as a laA
payer and official. The letter wrltten
| to Fosen me claims was in answer 10
a request from FoSen asking what Klnu
| of a workman Vail was. He alleges
that there was no malice IN ms state
| ments and that his statements ana let-
ter were only along the line OF thous-
ands of such statements made ny one
Isbusiness man Ito another. The attor-
news for Larson argue that II ne Is 10
be held for libel then no business man
| will ever dare to give anything but
! glowing recommendation to other BUS
mess men concerning workmen and
| employees
The Charles Rocker case is to be
heard by the supreme court at the hrst
period of the january term which
opens Tuesday Rocker was convicted
Of murder in the first degree in Ly-
ons county; 1t being shown In the evil
derlce according to the courts hndlne,
that he murdered his employer ana
\ then married the widow. In drunk
| en- sleep he narrated to the wMe uhe
manner Of the murder and she noti-
fled the authorities. She was allowed
no testify against him and 1t ls on
/ this ground that he asks for reversal
! of his case. He would not sign the
appeal to the supreme court TIL tne
last day before the time In which the
| appeal could be perfected had expired
He was sentenced to be hanged and
unless the supreme court reVerses uhe
case he will likely pay the penalty as
governors seldom interfere with death
penalties.
Among other cases that will be ar
pued before the supreme court at this
| neriod that have attracted wide atten-
| tion is the murder case against Dan
Shenhard of Jefferson county, the
criminal abortion and murder case
against DR.. j. w. Crofford, of Clarke
| county. the murder case against
Charles Woodland of Decatur county,
and the illegal banking case against
| DAY DuIllllIls5 vi 1Niii6 oOAS
| At the period of the court which op,
ems Tuesday cases will be suonnltea
from the following countess: Lee
Henry, Des Moines, Louisa Monroe
wapello. Appanoose, Van Buren,, DaV-
is, jefferson, Lucas. Clarke, Decatui'
Adams, Wayne, Ringgold, Woodbury.
Monona, O'Bren. Cherokee, Lyon, Ply
mouth, Sioux, Osceola, Madison Dali
las. Warren, Mahaska, Washington,
Jasper, Poweshiek, Keokuk, Scout
Clinton Jackson, Polk, Muscatlne
The Atlantic census matter has been
decided by the executive council. me
council desires to follow the decision
of the district court but wishes TO
avoid anv reversal by the supreme
court necessitating an enormous ex-
pense in reprinting the census FOR
this reason it has been decided to bind
but a few copies Of the census at TINS
| time. In these the count OF Atlantlc,
as found by the district court OF Cass
county, will be given by inserting one
sheet in the volumes noting the cor
rection. There will be but few OF these
bound. Just enough to furnish the
| members OF the general asSSiilply siliu
state officials copy of each. The
rest will be held up till the supreme
| court has passed on the matter. IT the
supreme court sustains the count OF
the district court the corrections willy
be made in all the copies by inserting
a correction sheet. If the supreme
court reverses the court there the vol
umes will be bound up as they are. 1t
is believed that the case can be adj
| vanced in the supreme court and a de-
| cision had in a month or so.
The editorial by Bloomfield paper
| mentioning State Auditor B. F. Carroll
for governor has not been commented
upon by Mr.. Carroll, who will give out
no interview on the matter, but 1t
/ leaks out that to some of his friends.
| when the editorial was called to his at
tention he merely asked If they re-
membered the fable Of the dog that
crossed the river with a bone in its
| mouth. To the astute this has suf-
| feed 1t will be remembered that the
! Cog saw the reflection of the bone in
] the water and thinking it another dog
with another bone he dropped his bone
4 10 fight the other dog for his and so
! OF course lost the one in his mouth.