Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-10-10
Demurrer to Indictment Turned
Down By Court and Famous
Prisoner Will Be Tried
;AsE SET FOR OCTOBER 81
Mackown Most Composed Person in
the Court-County Attorney Porter's
Expense Bill For Trip After Prisoner
Rejected by Board of Supervisors
May Bring Suit.
Special to r,mes-Repupl,can.

| Webster City, Oct. 10.-Whatever
hopes George Mackown may have en-
tertained that he would never be
| brought face to face with jury To
| embezzlement In a trial which bids
fair to be bit the most sensational
| criminal action heard in central Iowa
for years, were dissipated when at
| late session of court last night Judge
| Lee oyerruled the demurrer submitted
Yesterday by Attorney Chase. and set
the trial of the famous prisoner for
Monday, Oct. Il.
While the defense has been beaten
in every move of preliminary skirm-
ishing in the way of motions and OBJ
! jections, nevertheless Mackown feels
real relief now that his long period
of almost solitary confinement is to
be broken with the variation OF
trial in open court. When Attorney
Chase submitted the motion to quash
the Indictment on the grounds of an
Illegal grand jury, his client was not
present in the court room. At the night
session, however, when arguments
were heard on the demurrer, he was
given opportunity to leave his solitary
cell and sit within the court room bar.
The case has an intense interest for
Webster City people and large aud
fence was present to hear the attor-
neys discuss the technically attacked
in the demurrer. In all the court
room the most immovable counten-
ance was that of the prisoner.
stranger sitting by his very side
would never suspect him to be the
accused. This same attitude has char
acserized him since the day he stepped
off a Northwestern coach here three
months ago prisoner in the hands of
Sheriff Thompson, after hunt of four
years
The trial a week from Monday will
arouse a widespread interest. Attor-
ney Chase promises number of sem
sational developments and Mackown
himself continues to assure all who
call upon him that he can never be
convicted. Beyond this and a promise
that "the niger under the woodpile
will now come out" he will say moth
ing. Whether this latter is intended
as a threat he may implicate others
is not known, but serves to greatly in
crease the interest.
Owing to the wide publicity given
the case and the deep interest taken
in Hamilton county, doubtless much
difficulty will be experienced in get
ting a jury. The case is bound to take
a week or ten days in trial, and will
be the hardest criminal battle fought
in the local courts in twenty years.
County Attorney Pays Bill.
County Attorney J. d. Porter Of this
city has been forced to become phil
When Mackown was ar
rested at Bakersfield, Cal, Mr. Porter
went with Sheriff H. T. Thompson on
the race half way across the continent
and back. AS the business was official !
or supposed to be, he. of course. put in
his bill to the board of supervisors 1t |
was modest one, too-only S137 DO
and is supposed to have covered only
the actual expense incurred by the
county attorney. The board of super
visors looked at the bill. They looked |
again, consulted an attorney and re-
fused to pay it. They were advised
that it was not necessary for two men
to take the long journey of over 5000 |
miles to bring back to trial so small |
and tnof1 ensive a man as Mackown. |
They were told that this duty belonged |
to the sheriff and the sheriff alone.
Hence their action.
County Attorney Porter went with
Mr.. Thompson because it was sup
posed Mackown, because of the gravity
Of the charge against him, would fight
1t was desired in this in
stance to have an attorney on the
ground to protect the rights of Ham
ilton county in the matter.
It is understood that Mr. Porter will
take some means looking to forcing the
collection Of his claim.