Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-10-11
Could Get No Attorney.

SouIG 6et mo Attorney.
! The witness continues: 81 asked
Clark to telephone the county attorne,
at once, as 1 happened to be personals,
acquainted with him. Clark promised
me that he would, but his manner die
not assure me that he would do So [
requested that / be given a messenger
boy"
What did you desire to see tht
county attorney for?' asked Mr.. Stew.
1 art.
II wanted to get into communication
communicate with the United States
marshal and the United States district
attorney.
Without being allowed to telephone
we were taken upstairs in the Jail. each
given blankets and locked up with lot
OF other prisoners charged with boot
Logging. I had one blanket on a stee
bridge in a cell for a bed.
After time Mason came upstairs
to where we were locked up. I again
endeavored to communicate with the
county attorney and Mason promised
me he would take message to him
AT 9 O'clock Sunday morning, sew
eral hours later, Mason came upstairs
and said TO me: "Who was that man
now, that You wanted a message de-
livered to?' One of my associates
started to direct him again. but / sale
TO him: Leave the old shvster alone;
he is as bad as the rest of them 1 was
provoked at the mistreatment we were
receiving''
To further prove that his identity
was known. Van Vert told of a con-
versation at that time between himself
and Mason. The witness said that
Mason asked him if he were not with
Deputy United States Marshal Bid
we'll of Des Moines in Marshalltown al
some time previous. and when told that
he was. Mason said: I thought L rec
ognized YOU this evening "
The court interrupted the testimony
with the statement that he did not see
the need Of all the details in the case al
this time as the question was upon the
authority Of the men TO act as United
States officers.
Van Vert then closed his story by
relating that he finally got bail or
Monday and that he was surrendered
yesterday by his bondsmen-
Smith and Talbot were also put or
the stand to corroborate Van Wert's
story and give testimony as to thei1
connection with the United States gov
eminent.
The defense attempted to show that
Talbot was in the employ of the Indian
agent by proving that his salary was
paid by the Indian agent. On redirect
examination. Talbot said that one OF
/ mis- duties was to keep the Indians from
buying liquor.
Arrest Unauthorized by Law
II don't like to take arguments away
from attorneys" began the court, "but
have given this question a great deal
of attention in former cases. There is
not shadow Of doubt in my mind but
that everything done at MarshalItown
was all wrong.
The action of the mayor and city
officials was absolutely void. The war
rants and judgment of commitment
were not worth the paper they were
written on. The arrest and detention
in Jail was unauthorized by law and
void.
been settled time and again. 1t is the
old question of whether or not the ma
ton is bigger than the state and the
supreme court of the United States has
held three times that federal officers
in the discharge of their duty can no
De taken in custody By state awthari-
ties. They have held that the author.
tiles of the state must give way t.
the nation. That's the whole point ant
/ have on previous occasions reduced
to writing my views on this question
1.-THE Indians, as everyone knows, ar
wards Of the United States govern
ment and can not have liquor. TIL
government tries to keep liquor from
them. These men were acting unde
an act of congress and were in tn,
discharge of their duty when they wer
before that saloon
Van Vert Might Have Shot.
TT Van Vert had shot every mai
in that mob, dead, it would still be tn
duty Of this court to take him ava,
from the Iowa authorities.
i, III anyone does or says anything
further in this proceeding he does S
at his own peril and will be in con
=, tempt of court.
"The court will enter an order re
leasing the men from the custody o
the Marshall county authorities"
Immediately upon the arrests yes
: terday morning, the attorneys for tn
r defense got into communication wit
Davenport parties in an effort to ar
: range bond. Mr.. Bradford announce
to the court last evening that he ha
q arranged with c. N Voss of the Ger
man Savings Bank to provide bond 70