Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-08-06
Board OF Supervisors Would
Have County Attorney Con-
suited in Criminal Cases
TOO MUCH WITNESSES COSTS
Family Rows and Petty Criminal Of
lenses Tried Out, With Result That
Prosecution Costs Pile Up and Notn-
ing Comes Of cases-Board ADOPTS
Resolution.

The board of supervisors is going to
try and put a stop to needless expense
in criminal prosecution, and today
adopted resolution that will tend to
place restraining hand on justices
of the peace who, the board thinks,
are too prone to carry on criminal
cases at great expense when there is
no need of the prosecution.
Family rows galore, brought iato
court without any merit, and witnesses
subpoenaed by the score. help to pile
up costs that the tax payers have to
pay. great many times the cases
avail the complaining witness nothing,
and the defendants, while they may
be fined, are released on good be-
havior. About all who profit provid-
ing the justices and constables have
already earned all they are entitled to
under the law, are the witnesses who
are subpoenaed to tell usually what
they do not know about the case.
The Boards Resolution.
The boards resolution is as follows:
Whereas, it has been made to APP
pear to the board of supervisors of
Marshall county, Iowa, from the fee
bills filed by some of the justices of
the peace of the county, that in many
cases, needless and excessive costs are
made in criminal cases.
Therefore, be it resolved by the
board of supervisors, that the justices
of the peace are hereby requested to
confer with and submit to the county
attorney the facts and evidence in all
criminal cases before fling an irfor-
nation or issuing q warrant whert the
same is practicable, and especially in
all indictabe offenses, that the county
attorney be consulted before any costs
are made. when the same can be done,
and in no case to issue subpoenas for
witnesses except upon written salts
factory showing that the witnesses are
material and necessary for the proper
defense of the accused"
Some Examples Of Boards Aim.
Some examples Of what the board is
trying to overcome may be outlined in
brief summaries of recent justice court
a6rlninal cases.
EsSs In Justice Millard's court a case OF
assault and battery was brought
against Otto Albers. Instead of the
case being tried before a Laurel JUS
tice, it was brought to Marshall.own
where most of the criminal actions OF
the county are brought. The witnesses
and there were many Of them, had a
long ways to come to offer their testi-
mony, and the officers had much mile
age in serving subpoenas. The costs
of the case show 1890 as fees fol
nineteen witnesses; sheriff's costs, o.
$11.60, and justice costs, 81, a tota
of $500. The court found uAlbec,
guilty, assessed a fine of S25, and sus-
pended it during good behavior. 81,
Doud Case Farce.
The recent Doud Harvey case, which
was purely family scrap" was very
much Of farce as far as real Grim
final case merit was concerned, .stnd i
, is estimated that it will cost the 'coun.
ty at least 1925. Tt was tried out IL
Justice Peek's court, on change o.
venue, and is now on appeal to the
district court Twenty or more wit
nesses were used, and many of these
spectators in the court room out o.
curiosity, were subpoenaed as witnesse!
and allowed mileage from Timber
Greek township. Doud was fined Sill
and costs, and appealed the case. There
is another case pending in the same
Family affair."" and still another wa:
disposed Of before Justice Millsrd
Had this case been decided agains
the defendant the Justice would have
had to pass on a, motion made b.
County Attorney Egerrnayer, to the
effect that no costs for witnesses o.
constable, for subpoenaing witnesses
should be taxed, because there hat
been no order applied for by tae de-
PENDANT for witnesses. showing. they
were material for his defense.