The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1909-01-21
.INTHE DIsTRICTCOURT
isposition Of Various Matters by
Judge and Jury.

The trial OF Noah Winkleman on
tine charge OF embezzlement came 10
sudden and unexpected end IN the
district court at o'clock Friday al
ternoon at the close of the states cyl
dence when the defendants motion FOL
the direction OF a verdict of mot gull
Ity" was sustained. Judge Clements
ouashed the indictment on the grounds
THAT there was a fatal variance be-
tween the description in the indict'
ment of the property alleged to have
been embezzled and the property
which was involved in the embezzle-
ment, if any, as shown by the evil
dence, The indictment charged the
defendant with the embezzlement OF
two certificates Of deposit, one on the
Mahaska County State Bank and the
lother on the Frankel State Bank, rep,
lresenting about $4,000 The undisput.
| ed evidence showed that BAF. Wrinkle
man, the prosecuting witness, gave the
certificates of deposit to the defendant
for the purpose OF having him draw
| the money out of the local banks ant
deposit it for him In the Des Moines
Savings Bank. The defendant drew
the money out of the local banks, but
took it in the form OF a draft In his
own name and deposited 1t in the Des
Moines bank under his own. name. The
court held that the embezzlement, II
lany, was OF the money and not of the
certificates of deposit. Therefore the
defendant was found mot guilty and
was thereupon discharged, .. i,
h One hour after the court had takel
his case from the jury and rendered
verdict of not guilty on, account o
| technicalities in the charges, Noal
| Winkleman was arrested by Ed Hen
! ley, Of Justice Woodruff's court, upor
| information OF J. E., Mcdowell, charg
| Ing him with 'embezz1ement by bailift
| When arraigned before Justice Wood
ruff he pleaded not guilty and his at
torneys filed motion for d change o
venue to Justice Bacon's court, wher'
| he furnished bonds of $500 and hi
case was set for hearing Monday
January II. .+--"
contesting Guardianship
The court this morning took W
the trial OF the case OF ,,Evaline Locke
VS.. VIM. Knox, in which the def"rd
ant is endeavoring to have, the ap
pointment of temporary guardian
set aside. A week or so, ago Evaline
Locke filed a petition with the, CLERK
of court asking that a guardian be
appointed to take charge of the prop
erty OF her brother, VIM, Knox, on the
grounds that he was a, spendthrift
weak minded. easily influenced and
addicted to the use OF Intoxicating
liquors to excess and incapable, OF
managing his own affairs. The petit
ttion was granted and Mrs. Locke was
appointed temporary guardian of heI
brothers property Mr. Knox, through
his attorneys. G. C. Orvis and Q, n
Downs, filed an answer and petitioned
that the guardianship be set aside
alleging that the petition ofthis sister
was brought through spite and pre-
judice without any foundation in &C
tual facts. He alleged for further
answer that he had assisted his sis
ter and her husband financially sever
al times and that they have now mum
erous debts around town and, he
claims, that since he does not at this
/ time lend them aid in liquidating the
same, they have ''trumped up this
charge of guardianship. F. E. Cor
don appeared for Mrs. Locke.
By agreement the guardianship was
dismissed eli. ~ F. .....t go.
Monday afternoon the contest of the
will of Henry Van Houten was taken
up in the district court for trial and
1 q. jury was, drawn, by 4:30 o'clock
1.-The controversy arose oyer. the at
tempt to probate the VIII Of Henry
Van Houten,g now deceased, when VIM
Van Houten of Pella, Elko Van Hout
en- of Minnesota, and Nellie Van der
iTuuk, a resident of the Netherlands,
, all children and heirs of Henry Van
lHouten, flied objections and contested
Will hwy
purported to be the last will and tesla.
ment of the deceased, was signed by
the deceased and in the presence OF
1.-THE witnesses whose signatures appear
thereon, but they allege that the tes-
tator was, at the time he signed the
instrument, by reason of age and men
tai infirmities, incompetent to make
a will and did not comprehend and
understand the extent of his property
or those who had. claims upon his
bounty. They allege further that it
was procured by the undue influence
exercised by .Syke Van Houten, 10.
chin Schimmel and others and that
the deceased in fact made no will but
Isimply signed an instrument prepared
Iby others without knowing or realiz-
Ing the consequences of his act. The
contestants are represented. by Attor-
lneys s. v. Reynolds and John N. Nc
Coy OF this city, and Senator #. HI.
Peterson OF Minnesota The propo-
Inents are represented by Hayes &
Amos of Knoxville, G. G.. Gaass of
Pella and Jas. A. Dewitt OF this city.