Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-10-08

Special to Times-Republican
Davenport, Oct. s.-Declaring that
they had discharged their duties as
federal officers. and that had E. E.
Van Vert special agent of the I'm
tied States department of the interior.
shot and killed every man of the mob
that attacked him the court would
still be duty bound to take the case
away from the state court, Judge
Smith Mcpherson, last night, dismissed
the action originating at Marshalltown
against E E. Van Vert, ct al.
Mayor Ingledue, of Marshalltown.
and the members of his police force
and others arrested at Marshalltown
yesterday, appeared in the United
States court here at 7:15 last evening.
The disposition of the action against
the Marshalltown men, who We're
charged with conspiracy to prevent a
federal officer from performing his
duty, was taken up first. Attorneys
representing the different defendants
appeared and entered pleas of not
guilty, and announced that they were
from Marshalltown banks, to banks
here, guaranteed some of the bonds in
the sum of $1,000 each, the amount
fixed in each of the nine cases. Judge
Mcpherson said that it was not neces-
sary to put up the bonds at once, and
ne gave all the defendants until Mon
day to furnish their bonds at Des
Moines, where the cases have been set
for trial at the next term of the fed
eral court.
Not Worth Paper Written On.
Declaring that the commitments is
sued by Mayor 1ngledue in his court,
which resulted in the placing in Jail
of E T. Van Vert. R. G. Smith and
1 w. A Talbert. of Tama, and w. H.
Holt. Of Sioux City, We're not worth
II the paper they We're written on, Judge
Mcpherson cook up the habeas corpus
proceedings in the cases Of the federal
officers.
Mayors Action Entirely Void.
In disnlissing The action the court
said that the federal officers were in
the discharge OF their duty at Mar
shalltown when they sought 10 secure
evidence against a saloon for selling
liquor 10 an Indian. and that the ac-
lion Of Mayor Ingledue. in arresting
them. or causing their arrest, was en-
.irely void The bonds Of the federal
officers in the state court were exon
Grated.
Further Action on Mayors Peril.
Judge Mcpherson also said, in dis
missing the proceedings that if any
one made further move in this pro-
eee1ing in Marshalltown, it would be
made al his peril. in other words thai
any one acting further in the cases
I against Van Vert, ct al, would be il
\ coHIemp, Of the United States court.
Testimony Taken in Proceedings.
1 The evidence of Mr.. Van Vert, Rev
Mr.. Smith, and W. A Talbert, the gov
ernment Indian farmer at the Iowa Sal
and Fox reservation at Tama. was tax
en in the abeas corpus proceedings
All told of the facts of the episode il
1 Marshalltown on the night of Sept. 25
when Holt went to buy liquor, ane
when the federal officers We're placed
under arrest by the Marshalltown Pc.
lice. then held by the mayor in jai
for thirty-six hours.
How Courts of Law Act.
Matthew S. Jones, informed the colr
that he was unable to furnish a 81 .0Dl
bond, as he had no money, and onl,
had what he worked for The cour
expressed his leniency in the case ene
said that he did not want to put tn,
defendant in Jail because he could no
furnish the bond.
United States Attorney stewar
spoke up and said that the mayor o
Marshalitown did not hesitate in put
ting Van Vert and the other officers il
jail because they did not have bon,
that suited.
i Judge Mcpherson replied that court
of law did not act that way
4 The defendants and their attorney
left for Marshalltow4a late last night.