Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-10-18
EAYETTE COUNTY LIQUOR DEAL.
Err DEFlEp LAWS FOR
TWELVE YEARS.
ONE JUDGE REVERSED
HIGH COURT AND GOVERNOR
Frank L. Walton, Serving Term in Jail,
Gets Release en- Order Of Superior
Court at oeIwen-case Without a
PARALLEL in Iowa Jurisprudenee-His-
tory of tho Case.

West Union. Oct 1s.-Frank L. Wal
ten. Of Hawkeye. who has been serv-
Ing term in the county ja. a, West
Union for violating an injunction re-
stra!ning him from selling Intoxicating
liquors, was released from custody by
court OF Oe!we.n. after an ali days
hearing in a habeas corpus proceeding.
Walton has had q stormy career in
the liquor business and had detied the
courts OF Fayette county for over
twelve years. In 1900 he was fined 5000
and costs or six months in the county
jail but was paroled by Governor Shaw.
He then employed agents TO operate
his saloons IL Hawkeye, Elgin, Cler-
mon. and Westgate- but was too clever
70 be caught by the authorities. His
men We're frequently fined and i'm
prisoned, bu, as fast as one was sen.
10 jail another was put in his place and
these prosecutions cost the county
many hundred dollars.
Tried His Own Case.
Finally III July. 1903. Postmaster r
L Green took hold of the matter and
filed an information in the distric,
cour; upon which a warrant was is
sued and Walton was placed under ar
rest. The trial lasted two days and.
altho Walton's attorney quit him. he
tried his case alone and in numerous
victorious clashes with the county at
torney he showed that he was
able 10 defend himself. However, Judge
Hobson found him guilty and gave him
the lini--six months in the county
jail ard fine OF $1,000, which If not
paid was 10 lain out in jail q, the
rate Of s3.3S per day. Walton was re-
leased or bail pending al appeal 20
the supreme court, with able at
torney 70 present his cause But here
the decision OF Jud se Hobson was sus-
tained on every point, and on April
is Walton began the long term in the
county jail.
Labored on the Street.
About this time the board OF super
visors made an arran genent with the
city council of West Union whereby
those victims held IN dUrance vile
We're to labor on the streets and va
r!ous other places IL the city. Walton
had never led a life of toll, 50 when
he appeared upon the public highway
CARRIED in the regalia OF a cleaner OF
SlicStS 44S pIOtcstel !Ouo-s OAt etIl Aii
vain. Soon he was put to work dig
ging deep ditch 10 straighten the
channel Of Otter creek and thru the
long. hot days of June and July
he labored with shovel and pick that
he might have better provender than
dry bread and cold lvtaer. 1t is now
known that as ne sat on his bunk at
the end CT each day nursing his bis
tered hands and rubbing his weary
joints that he conceived the idea of
making another appeal to the govern
or Of the state, and with petition
bearing the signatures OF $40 voters
from the city Of Oelwein and about
eighty from Hawkeye his cause was
record OF the case. On Sept 13 the
governor refused to interfere and Wal
ton settled back 10 his daily task
Supreme Court Reversed.
With his family in the west. his
money gone and few active friends to
cheer him up. he determined u make
one more attempt and on Oct. 10
sled his petition with Judge Conner
alleging an error in the rlittilnus COM
hitting him 10 the county jail. Two
days later the trial was held and the
superior court of OelWein enjoyed the
unique distinction Of reversing the
decision of the district court. the SUI
preue court and the governor of the
state Walton was taken from the
custody Of the sheriff, boarded the
pensive chapter il the liquor prosecu-