Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-08-21
MESS OF ALLEGATIONS
LEAD TO SUIT IN DISTRICT
COURT.
ATTORNEYS ON BOTH
elDES ARE ACCUSED
Action Grows Out Of Attempt to Sell
steinmayer Saloon on South Center
Street to e. L. Walton, of oelwein-
Walton Claims w. A. Size Imper.
sonated Officer.

on both sides accused and a third man
a jumbled mess of allegations
that lead up to a suit for $1,000 dam
ages filed in the district court for the
August term late Friday afternoon. The
suit is brought by E. L. Walton, of
Oelwein, against ". A. Size, T. F.
Bradford, and Carl Stei1unayer. The
origin of the case dates from the at
tempted sale of the Steinmayer saloon
on South Center street to Walton, al
most two weeks ago.
The case, or rather the allegations
incident thereto, forms an encangle-
ment considerably out of the ordinary
run of suits, and altho the charges are
denied by the defendants. Will prob
ably result in further litiga ion on the
part of the state in an attempt to close
the saloon by reason Of the alleged
transaction purporting to be a sale.
Walton Has Bill of Sale.
Walton, thru his attorney. G. H
Rohrig, Of Oelwein, claims that on
Monday. Aug. 9. he bought the Stein
mayer saloon for 1890. and received a
bill Of sale which is still in his posses
sion. This bill Of sale is said to include
me stock of liquors on hand, the govern
-nent and city licenses. and the unex-
&6a
that the saloon occupies. 1t was agreed,
il is claimed by Walton, that the basi-
ness was to continue under Stein
mayors name until Oct 1. 1909 In pay
lnent for the saloon Walton rendered
a check for 1925 on Montana bank
and Steinmayer turned over the keys
and possession.
Check Declared to Be Worthless.
On Friday, Aug. 10, four days later,
Walton claims that steinmayer told
him that his check was no good, and
demanded possession Of the saloon
again. Roirig, Walton's attorney, says
that Steinmayer took the keys from
Walton and told him that he would
have him arrested and sent to the peni-
tertiary unless he gave up s145 in
money. Ninety dollars Of this mount.
Rohrig claims, had been taken in over
the bar during Walton's possession Of
the saloon. and the rest was Walton's
personal property. Rohrig also claims
that Walton was compelled, by in
limitation and threats, to turn over a
diamond ring worth 500.
Claims Size iSsfersonated Constable.
Walton Claims thai he was then
taken TO the office of T. F. Bradford
by Steinmaye-, and there demand
was made upon him TO pay 800 as
! damages TO Steinlr AVER or be prose-
cuta5. Walton says thai Bradford said
! NJ couldn't let him go unless he. oval
iton) paid the money. Finally. accord
ling - Rohrig Walton's counsel, a
proposition was made 10 accept $3.50,
ara Walton begged to be allowed 70
4 20 - his home IN Oalwein. where he
I though. = cnnld se. the money. Brad
f9-s ilnn pointed % ". a Size. ac-
cordirg 10 Eotlrig, and said, Here is
( . consta BE; he viii take charge of
I yep ana viii 30 I'D with you if yo,l
Will give him So per day and his ex-
T penses. Rohrig says that Walton pre-
/ ferred this rather than being held here
prisoner. as he supposed ne would
be, and left early Saturday afternoon
on the 18th cor Oelwein. in charge OF
Size Size. Walton claims, kept him un-
der surveillance turnout the following
Wednesday. the 18th.
Size Arrested for lnpersonation.
Wednesday night at about II
o'clock. at Oelwein, Mr.. Rohrig says
that F. L. Walton. father Of e. L. Wal
ton, filed an Information against Size
charging irnpersonating an officer.
In the meantime, on Tuesday. the
18th, Rohrig, as Walton's attorney
came to this city and made demand
on Steinmayer personally, SO he
claims, demanding the s143 and the
diamond ring that Walton had turned
over. Steinmayer refused to give UT
the property. according to Rohrig.
Rohrig returned to Oelwein, as the
hearing of Size had been set for 4
O'Clock Thursday afternoon before NJ
D. Porter Judge Of the superior court
the case having been fixed at that time
in order that Mr.. Bradford, as Sizes
,counsel, might reach Oelwein
Then Rehris is Arrested.
On the afternoon that the hearing
was to be held Mr.. Bradford reached
Oelwein, and with him was Sheriff
Nicholson. of this county, armed with
q warrant for the arrest OF RoshiTT..E oT
a charge Of threatening to extort, flle6
iby Steinmayer. Himself being under
arrest, Rohrg says that he dismissed
the case against Size for the present
Rohrig was brought to this city Fri
Eday morning in the custody Of tn.
sheriff, and a change of venue wa
taken from Justice Millard's to justice
Peek's court. Here the case was con-
tinued Friday afternoon until Wednes
day morning, Aug. %, at 10 o'clock
on the agreement for counsel on boil
sides and on the request of the court
Justice Peek being i'll. Rchrig signe,
;. a bond for $500 for his appearance.
Case in District Court Filed.
Following the temporary disposition
of the case in Justice Peek's cour
Rohrig filed in the district court tn
case on behalf of Walton, against Size
Bradford, and Steinmayer, asking dam
ages in the sum of $1,000 for "wilfu,
wanton, malicious, and false fmprfson
ment," and charging the defendant
jointly with being IN concert and con
spiracy to extort by false pretenses an
threats large amounts of money"
The allegations made In the petitio
are in accordance with the allexe
facts as outlined by the attorney 10
the plaintiff In his story NJ 4ha ino,