Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-10-25
Supreme Court Overrules Appli-
cation For a Rehearing OF
Her Case
kuTzLEBEN GETS NEW TRIAL
Famous Iowa County Prisoner Con-
victed of Train Wreckns Has One
More Chance-Murderer of Mabel
schofieId Must Serve Life Sentence
Blow to Preference Law.
spe.cia, to rtmes-Republ,can.

Dees Moines, Oct 25-Mrs. Jennie
Huesle has lost again in her fight to
retain the position of superintendent
of schools of Polk county.
The supreme court yesterday denied
the petition for rehearing filed by Mrs.
Huegle, and her case is closed so far
as the case which has been pending
for some time is concerned.
To all intents and purposes she is
ousted from office unless she has
string to her bow in this controversy
which has not been disclosed during
the long and bitter fight which CO.
terie of gentlemen engaged in educa-
tional work in Des Moines have been
making against her.
1t has been limited that she would
ask for writ to compel the state
superintendent to issue her certiti-
cate She claims to have had the
grades, in fact, which would entltle
her to the certificate which she must
have to hold the office, under the de-
cisions of the court.
Erich Won Kutzleben of Iowa county,
convicted of murder in the first degree
thru having wrecked a Rock Island
train. was given new trial by the SUI
preme court yesterday, which reversed
the decision against him in the lower
court. He was convicted in 1905.
The regularity and legality of the
indictment was attacked In the SUI
preme court by Won Kutzleben's attor-
news. but the court sustained it. Two
members, Bishop and Weaver think
the grand jury was illegal because
more than one member was chosen
from the same township, but the ma
jority of the court believes the jury
to have been correctly drawn.
But the cort holds that he should
have had continuance the second
! time when he asked it, for his conten-
/, ton was that he was mentally unpal-
anced and it was improper to stop
him from a chance to prove It, ne
had to get witnesses from Germany
to aid in this task.
The court also holds that the indlct-
ment was bad for duplicity. 1t
charged two different crimes. The
first count charged train wrecklng
alone.
Tt is on account of these two errors
that the court reverses the judgment
and gives Won Kutzleben new trial
He is connected with a noble family
| in Germany and in the next trial Will
have the aid of his people. His mother
was loyal to him in the first trial ana
came to America to help him, but the
case was so peculiar that the people
never quite understood it.
Pardon is the only thing left for
Charles Thomas to hope for. The SUI
| preme court yesterday turned down
his application for rehearing.
He was the young man convicted OF
the murder of Mabel Schofield and CIV
en- a life sentence, which he is serV-
ing at Fort Madison penitentiary. De-
NAL of an application fors rehearing IN
| a case ends it so far as the courts OF
this state are concerned. In case OF
| a man convicted of murder in the first
i degree and given life sentence, the
II legislature is his only hope.
No opinion was filed by the supreme
! court in overruling the petition. A sim
pie lead pencil entry in the journal OF
the court was, the "tinis" to the story
so far as the courts are concerned.
In two opinions the supreme cour'
| Yesterday declared that the soldiers
preference law is valid but that the
courts have no power to interfere witt
the exercise of their discretion by the
public officers employing persons fol
positions for appointment to which the
law gives veterans of the civil war {
preference. In effect this will Away!
permit employing boards to select theil
choice among applicants, for it is III
to them to determine if the old soldier
has equal qualifications
Proceedings We're begun at Crestor
and at Sioux City by old soldiers denied
positions to compel the city coun
ellis to employ them. Mandamus wa
asked from the courts. At Sioux Cit,
the writ was issued and at Creston i
was denied. The supreme court re
vers.d the Sioux City adjudication
and affirmed that at Creston.