Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-11-02
Arguments in Progress on
Motion For New Trial on
Charge OF Arson
PROBABLY WILL BE ovERRuLED
Maekown's Attorneys Arguing That
Verdict Wa. Result Of Passion and
Prejudice = Errors in Courts In
structions Also Set Forth - Son.
tence Will Follow Rejection.
Special to T,mes-Republican.

Special to Republican.
Webster City, Nov. Judge Lee. OF
Ames, convened court in this city this
afternoon at 1880 o'clock for the pur-
pose of hearing the arguments In the
motion asking for q new trial Tor
George Mackown, convicted last Sat
urday of burning Webster City's $780,
900 felt shoe factory While it is i'm
possible to forecast the action of the
judge, it is hardly believed that he will
sustain the motion. Following the re-
fusal of new trial, sentence of from
one to five years at hard labor in the
state penitentiary will be pronounced.
An appeal of the famous case to the
supreme court will be taken IL another
trial IS denied. A ruling on todays
motion will not be made before even
ing, the arguments being lengthy.
Mackown has taken his conviction
greatly to heart. His fine display Of
nerve apparent at all times from the
moment Of capture last July in Bak-
ersfield, Cal, at the end Of four
years chase, to the reading of the
tury's verdict, has left him. He is
broken hearted over the shame and
disgrace that has come upon him. NO
prisoner was ever more confident of an
acquittal than he and the verdict OF
the jury fell upon him with crushing
weight.
In their arguments this afternoon In
favor of new trial, Attorneys Chase
and Martin are urging that the YER
dict Of the jury was the result Of pas
sion and prejudice. They charge that
the very atmosphere of Hamilton
county is surcharged with deep
prejudice against Mackown. Mr. Chase
alleged this same prejudice when he
secured change Of venue Of the en-
bezzlement indictment against Mac
kown. It was believed at that time.
however. that by reversing the order
Of trial in the cases the state would
be at great disadvantage In trying
the arson case here. Hence no change
Of venue was asked in this latter case.
A number of errors In the judges in
structfons are also being set forth
this afternoon, especially that in which
he charged the jury that they might
consider the flight Of MackoWn from
the city as a circumstance against him.
The defense contends that as the In
dictment was returned after the fight
there was in fact no running away
from the law and that the evidence in
the case made no showing Of flight
At the trial Of the case, following
the Introduction Of the states evidence,
a motion was submitted by the defense
asking Judge Lee to direct verdict.
It was overruled. Following the In
PRODUCTION OF the defendants case. the
motion was renewed and again de-
MED. In view Of these two rulings
and in view of the fact that the in
structions to the jury were favorable
to the defendant, there are few who
look for the granting of a new trial.
Speculation is rife as to what Will
be the terms Of sentence. Mackown is
polished and cultured gentleman and
one to whom the disgrace of peniten-
tiary servititude will cut deeply. The
crime, however, is such a one as would
warrant long sentence and II the
guilt of the man has been established
beyond question the general concen-
sus Of opinion here is that the man
should be given the limit. On the 9TH
er hand If there is any doubt of guilt,
Webster City people would prefer that
the case be sifted further.