Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-12-06
Judge Bradsllaw's Decree Dis
misses DR.. Cantonwine's Case
at Plaintiffs Cost
HELD HE CANNOT RECOVER
Judge Bradshaw, in His Ruling, Held
That Not Sufficient Duress Had
Been Shown to Warrant DR.. Canton
wine Recovering Money Turned Over
to Bosch Bros.

BY the decree of Judge c. B. Brad
ing. the cause brought by DR.. E. A.
Cantonwine against Bosch Bros, of
Vancleve. to recover $6,165.74, claimed
to have been extorted from him by
threats, was dismissed at DR.. Canton
| wines cost Judge Bradshaw held in
the remarks, with which he preluded
his decision, that sufficient duress had
not been shown to warrant DIR. Can
| tonwine recovering.
| The case was tried before Judge
| Bradshaw several weeks ago. and fol-
lowed ugly rumors and much talk in
| Vancleve and it's vicinity, where all of
the parties to the case are we'll known.
Cantonwine's Guilt Not Shown.
In prefacing his decision Judge
Bradshaw said that IL his decision
carried with it an imput,tion of guilt
on the part Of DR.. Cantonwine it was
not gathered from the evidence that
any great amount had been stolen
The doctors conduct" he said. is in
dicative and of far stronger evidence of
his guilt than any other evidence"
Threats Not Shown.
Touching on the point of threats,
d,,ress and threatened prosecution.
which We're among the strong points of
CantonWine's case, Judge Bradshaw
said that further than the statement
made by one Of the members Of the
firm that they would put Cantonwine
where the dogs would not bite him"
If he did not refund to them, there
had been no other threats proved.
Taking up this point Judge Bradshaw
said, $50 much depends, not on the
threats. but on the surroundings
These men knew each other for years
we doctor was no weakling. He was
educated and was prospecting in bust
ness. I think it was something else
that induced him to turn over the
property more than the mere threat"
Thinks Arrangement Was Made.
Judge Bradshaw held that all ar
RAJ ements to turn over the notes.
cer'iiie ties of deposit and other prop
erty was made in the machinery hail
of the store early of the morning of
the IT tn5action. There seemed to be,
Judge rldshaw said, no negotiating.
and 70 dckcring about the amount,
and tn It when Bosch Bros. afterwards
went to Cantonwine's home, the doc
tor W rs there and had gotten ready the
notes and certificates of deposit, ready
to make settlement.
He held that the fact that Bosch
Bros. called Cantonwine to the rear of
the store and preached the matter of
the shortage and settlement to him,
that it was what the average employ
err would have done with an employee
under similar circumstances.
Brief History of Case.
Dr. Cantonwine is physician Of
Vancleve. For two or more years he
had worked at different times in the
Bosch Bros. store Shortages were in
creasing in the business, and one
morning last April Bosch Bros. called
Cantonwine to account, and demanded
that he pay them $1,000. Cantonwine
claimed that they threatened to pros
ecute and imprison him. At any rate
CantonWine turned over to the firm
and its members notes and certificates
of deposit totaling $6,165.74. 1t was this
amount Cantonwine sought to recover
by this suit
DR.. MARS treats ali chronic troubles.
Over 120 East Main.