Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-01-07
American Yoemen Petition Su-
preme Court For Rehearing
of Suit For Insurance
COMMISSION PLAN is ALSO UP
constitutionaIity Of New System Of
City Government to Be Determined
-salineer and Other cases-comins
Session Of Supreme Court to Be I'm
portant-convenes Jan. IL.
special TO T,mes-repupl,can.


rehearing in the famous suit of EliZ-
abeth Wood VS.. the Brotherhood OF
A merican Yeomen has been filed with
the clerk Of the supreme court rms
Is the suit that was started to recover
the insurance on the life of George
Wood, OF Colfax, the banker who COM
mitted suicide The attorney for the
insurance company raised question
whether Banker Wood really did kill
himself and 1t was even alleged that
he was not dead, altho residents of
Colfax swore to being at his house
when the shot was fired and to have
later discovered his body In the bath
room.
In the litigation the supreme court
decided In favor of the widow and
against the insurance company. The
company is now asking for q rehear-
ing of the case.
The supreme court will meet one
week from today and among the other
rehearings to be argued at that time
is that of B. l. Salinger against the
Western Union Telegraph Company.
in which Salinger sued for damages
for failure to deliver telegram and
among the items for damages charged
up railroad fare tho he admitted to
riding on railroad pass. The SUI
preme court decided that he could not
collect his fare when he rode on a
railroad pass and ESalinger has petit
toned for rehearing of the case.
1t is probable also that at this term
OF court there will be presented the
certiorari case from Woodbury. county
involving the constitutionality of the
sentence law, Judge
Mould of that county having refused
to recognize the law and sentenced a
criminal to a definite term of years.
The case of probably the greatest
to be presented to the
court at this term is that involving
the constitutionality Of the "Des
Moines" or commission plan OF gov
ernment The lower court held the
law constitutional The case Is Of
general interest because In addition to
Des Moines, Cedar Rapids has already
the plan and Davenport, Sioux
City and probably Council Bluffs are
to vote on it soon.
The opinion of the supreme court IN
the case involving the franchise rights
of the Des Moines Street Railway is
soon as the case was sub
mitted to the court some months ago.
Only one murder case Of Importance
will be submitted to the court at this
term, that has attracted state wide at
tention. That is the case of the state
against Charles Rocker. Rocker asks
for a rehearing from a conviction for
life sentence for the murder of his en-
ployer whose widow he afterward
married Rocker was first sentenced
to hang. EIe was in the employe OF
August Schroeder in Lyon county and
the trial was at, Sibley. He Is ac-
cused of having murdered his employ
er, who was thrifty German farmer
and later married the widow. The
woman afterward alleged that revrner
came home drunk one night and in a
drunken sleep told of the murder Of
In the morning she con-
him with the facts and he adj
mitted them and attempted to shoot
her Later it was discovered that
Rocker had a wife living before he
married Mrs Schroeder. On this
ground she was permitted to testify
against him.
The murder was committed on the
night of June 30, 1900, and on the first
to tha c,,nreme co1lrt the case
was sent back for retrial because the
attorney had acted for Rocker
in the prosecution of certain persons
for slander who had talked it about
that Rocker killed Schroeder.
The case is one of the most peculiar
cases that has ever been be-
fore the supreme court. On the last
trial the conviction of Rocker was
again convicted of the crime and ap-
peals again to the supreme court.
The January term Of the supreme
court is divided into four periods, one
for each of the four first months Of
the year. For the January period
which begins Jan. IA the cases to be
submitted will be from Lee, Des
Moines, Henry, Monroe, Wapello, Van
Buren. Appanoose, Lucas, Wayne, I'm
ion. Adams, Clarke, Taylor. Woodbury..
O'Brien, Plymouth, Sioux, Monona,
Lyon, Madison, Dallas, Warren, Adair,
Mahaska. Washington, Jasper, Powe-
shiek, Scott. Jackson. Clinton. Musca-
tine johnson and Iowa counties.
KILLED BY FALL.