Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-09-29

hence that his conduct could not be in
auired into and there was no cause for
examination on that point. Only once
in the giving of testimony did 1t get be-
fore the jury in positive form that
there was nothing in this phase of the
case and that was when Mr. Cownie
despite the rulings of the court in
dignantly denied any wrong act of any
kind at any time or any place and
branded as an unqualified falsehood
every charge affecting his moral char
acter or official conduct. In order to
avoid further inquiry along this line
the defense let it go in as admitted that
this was true.
I'VE do not assert the truth of these
accusations against John Cownie as to
the Mitchellville school," said Attorney
Parker in his argument, but we do
submit that in view of the testimony
gathered by the governor he was not
warranted in passing them over lightly.
There was just one line of duty for him
and that was to make such investiga-
ton as he thought best and then tosus-
pend John Cownie until such time as
the proper tribunal could try the is
sues and decide"
Tricks Of the Attorneys.
Again Mr.. Parker in reverting to the
conditions at Mitchellville came as
near to asserting the criminal guilt of
Mr.. Cownie as he could without quite
doing it. Il do not know" he said,
what were the motives Of Mr.. Cownie
in going to the school and meeting
these girls, we will concede they were
honorable, but he had no right to in
tercede between the superintendent and
the wards; man who will do that is
t0 ho ~ rd nf
control. 1t is no wonder there was
harmony at the school for ten years.
For five years of that time the school
was in charge Of that beast-Fitzgerald
and he and Cownie worked in per-
feet harmony, at least in the matter Of
allowing the girls great liberty"
Here the state insisted there was
nothing in the record to sustain such
accusations and nothing regarding
Fitzgerald, and Mr.. Parker announced
that he would read the entire testi-
mony in the Fitzgerald inquiry.
Mr.. Parker reviewed all the evidence
in regard to the Mitchellville school.
and went over it from every possible
angle, defying the state to show
wherein the governor acted with malice
in any particular in what he did to
get at the facts. He took the position
that the attitude of the board of con-
troll toward the heads of the ipstitu-
ions is exactly the same as a school
board toward teacher, and that Cow
ME had no right whatever to be going
to the institutions and seeing inmates
privately and giving personal attention
to the details of management.
Tho Political End.
The other phase OF the case. the
political end, received some consider
alton from Mr.. Parker. I'VE think we
have shown" said Parker, that there
is no desire here on the part OF the
prosecution to secure the conviction
Of a man who has offended, but only
! a desire to crafty the spleen Of JOHN
Cownie-there is nothing else in the
! case"
In regard to the story about the al
legged sale Of cattle to be .slaughtered
and inspected, Mr.. Parker admitted
that it was not sufficient to make a
case. "If the governor had had be-
fore him nothing else than his evil
dence in regard to the sale Of those
cattle" said Parker, I'VE will concede
that he would not have been justified
in effecting his removal from the
board. He had right, however, to re-
fer to this among other things
Strong Showing As TO Malice.
The state. it is conceded, made a
stronger showing in the matter of
malice in the whole proceedings than
had been expected, and this was the
occasion for most Of the bitterness
shown as between lawyers in the trial.
Attorney Sullivan called attention to
the fact that malice is never shown di-
rectly by anything which is admitted
to be such, but rather by all the condi-
tions and circumstances surrounding
publication Of any matter. He recited
the facts as to how Carroll had pro-
ceeded-his listening to disgruntled
persons and those who were enemies Of
Cownie, his bitter feeling over the ac
ton Of the senate, his persistence in
ferreting out information about the cat
tie deal which was more than a year
old before he heard of IL at all, his
continual calling of Judge Robinson to
his room rather than counseling with
the chairman of the board of control,
his magnifying the Importance OF the
word Unanimous" in the letter to
Kirschner, his seeking information
even after Cownie's resignation in re-
gard to the purchase of cloth. his go
ing to Mitchellyille, his sending for
persons to come and see him, his writ
ing of a letter to a woman adroitly
asking for evidence in the case, his
writing out himself personally of the
statements supposed to have been
made by girls Of disreputable char
acter and his failure to make any ef-
fort whatever to find out the reliability
of his witnesses; all these and more
Mp. Sullivan recited in great detail.
"Is it upon such evidence as this" he
asked, holding up the affidavits OF
confessed prostitutes, that the name
Of John Cownie is to be forever black
END NOT YET.
Exclusion Of cownie's Witnesses in Re-