Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-01-10
Grand Jury Frees Great West
ern Employees Because Of Lack
of Jurisdiction
RETURNS ONE INDICTMENT
"curly" Henderson, the Negro Who
Made OFF With Great Western Loco
motive, Held to District Court - No
Bills Returned Against Charles Crate
or Howard Watson.

AlleT U0luk III SGSSlOl u lllllC lktOi q
than twenty-four hours, which estab-
fishes a record for similar proceed
ings, the new grand jury, which con-
vened Tuesday afternoon, returned early
Wednesday evening, bringing in one in
dictment and not returning bills against
four others. who were held by lower
courts, or who were in Jail awaiting
the outcome Of its investigation.
The jury freed both John b. Hollen-
hors, OF this city, and Claude ]. john
son, Of Reinbeck, the Great Western
employees who were held on charges Of
conspiracy and obtaining money by
false pretenses, in the alleged padding
OF the pay roll Of Johnson's section
gang.
Charles Crate, who was held in Jail,
charged with the larceny Of a horse
and sleigh belonging to c. ]. scheeler.
which was later recovered in Des
MONIES. was not indicted, and was
freed soon after the jury reported.
Howard D. Watson, of Union, a
former salesman for the Let's, Fletch-
er Company, who was held on bonds on
a charge of larceny by embezzlement,
was also freed from the charge which
hung over him.
The only indictment returned was
against the negro "Curly" Henderson,
who, on the night OF December 90, took
possession OF and ran off the track a
Great Western switch engine. Hender
son was held for the felony OF seizing
and running locomotive. The maxi
mum penalty for the crime is ten
years in the penitentiary, or a $4,000
fine, or both. Henderson is in Jail.
No jurisdiction in Hollenhors Case.
A nice law point confronted the
grand jury when it came to INVESTIGATES
the case of Hollenhors and johnson,
and on it hinged whether the jury had
any jurisdiction. The evidence having
to do with this technical point was full
ly brought out at the preliminary hear
ing, and was considered by the grand
jury. 1t held that no overt acts on the
part of the conspirators, in furtherance
OF the conspiracy. were committed in
Marshall county, but IL actually COM
Black Hawk counties. County Attor-
ney Egermayer, basing his opinion up
on the facts, took the position that the
question was one of law, and that this
county had no jurisdiction.
AT the preliminary hearing, accord
ing to the testimony Of Johnson, only
one OF the conferences between Hol-1
lenhors and himself were held here,
and that at that time, while the time
book with its added names was exam
fned by Hollenhors and discussed, 1t
was not changed. >Hollenhors and
johnson are both out on bonds. and
both are charged with similar crimes
in Black Hawk county.
Hollenhors' attorney said this morn
ing that suit would be brought against
the Great Western for large sum as
damages for his false Imprisonment in
this county.
The Crate and Watson Cases.
The grand jury did not indict
Charles Crate chiefly because he was
drunk at the time he secured the rig
and made OFF with it, and partly be-
cause the owner Of the property tes-
titled that he believed Crate had no in
tention Of stealing the horse and sleigh
when he secured it.
In the case of Howard d. Watson the
grand jury took into consideration his
youth, and the fact that whatever loss
Of money Let's Fletcher Company had
suffered had been repaid, and because
neither the grocery company or the
company appeared against