Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-10-11
Testimony of Federal Officers In Conspiracy Case

The grounds of the government in
seeking a writ of habeas corpus We're
of course that Van Vert, Smith and
Talbot We're federal officials and ex-
enpt from arrest by state officer.
witness called by the government.
His commission as a special officer of
United States Indian service, depart
ment of the interior, was first offered
as evidence.
He testified that he was employed
by the government to investigate the
liquor traffic among the Indians, and
that he was engaged in that work
when arrested at Marshalltown. Ac-
cempanied by R. T. Smith, who does
missionary work at Tama reservation,
Mr.. Talbot, an instructor in farming,
and also a special policemen, the wit
ness said that he went to MARSHALL
town Saturday evening, Sept. %, also
taking Holt, an Indian, with him.
Van Vert after relating the Incl
dents leading up to the trouble in
Wengers saloon, continued:
II instructed Holt 10 go into the
saloon and attempt to purchase liquor.
! was standing across the street at the
time 1t soon became evident to me
that Holt was not going TO get the
liquor. l saw Holt leave the bar and
start toward tle door but before he
reached it. Sam Wenger walked in
front Of him and obs,ructed his way
Leo Mcnamara. the bartender. then
commenced 10 abuse him. Al this
juncture, walked across the street 70
Holt and taking Him by the arm told
him to 90 with ne.
McNamara all ne while abused him
and showing nay badge I told him
would take him With me-
Mr. Stewart interrupted the witness
here and offered his star as evidence.
Van Vert continued:
Il then started away with Holt and
someone in the crowd using an oath
said, yes, take the a away "
There were about fifteen or twenty
men in the crowd and someone hit me
Drawing both Of my revolvers l told
the men 10 stand back. Smith drew a
bottle Of liquor, which a bootlegger
had given an Indian, and protect ed
himself with II.
The witness here related how he was
attacked. assaulted and kicked and
how when both Goodale and Haas
came up to him, he opened his coat
and showed his badge. The witness
said that jones was also in the crowd
and that he came up and said: you
I'll fix you" The police had
arrived by this time, and they We're
all in the patrol wagon but when the
mob was abusing them, Van Vert, tes-
titled the police said nothing.
I'VE then went to the mayors Of
fee the witness continued. The
mayor was making a speech at some
meeting and we We're forced to wait
for some length of time for his return
when the mayor returned the mat
ter of filing information was taken ur
and both Jones and Mcnamara signed
the warrants. Van Vert said that hs
was charged with carrying concealed
weapons and Smith also with carrying
concealed weapons.
Mayor Ingledue" witness added
asked one Of the townsmen what Hoi
was doing The reply was that hi
was in the saloon and also the stree
when the trouble occurred. Well tn,
mayor said, we will charge him witt
disorderly conduct Talbot when asker
what his business was told the mayo
that he was an instructor of farn1ins
at the reservation and that the mayo
charged him with vagrancy and hay
ing no apparent means of si1nport
II plead not guilty" continued Val
Vert, and Mayor Ingledue said
What, do you mean to say that yol
are not guilty when the officers foun,
two guns on your
ST then said, I would like to ex
plain this matter but the mayors re
ply was: You will have no oppor
tunity to explain tonight Ut was at
ter 10 o'clock then.)
"Our bonds were fixed at $500 eac
and our trial set for Wednesday,.
told Mayor Ingledue that I could nc
be in Marshalltown for trial Wednes
day because / was subpoenaed as
witness in the federal court at Ceda
Rapids. but he paid no attention t
me.
81 again asked to be allowed to ex
plain and requested to be allowed I
communicate with the county atto1
ney, but the mayor said: Not to
night; officers, take these men ito jail
Searched and Federal Star Found.
"We were then taken upstairs an
searched. My commission was take
from me and my star removed fro,
my vest. In my pocket I had owe
so vouchers for expenses from the in
terror service for travelling In add
ton to this had a treasury check"
Mr.. Stewart offered the vouchers /
evidence.