Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-09-28

declared that she never wrote 1T as it's
wording and the handwriting would
both disclose.
Attorney Sullivan read from the Car
roll letter itself showing that as
matter OF fact he has been giving out
in private conversation Information as
to what evidence he had against Cow
ME. The latter had testified that the
reason he wrote the letter OF May %
was because he had read in certain
papers attacks purporting to tell what
information Carroll had as against
him. The initiative in this public con-
troversy came from the governors Of
flee. There 1t was that information
was being given out in private conver-
sation to be made use Of in attacking
Cownie.
As To Malice.
"Does the conduct of the defendant
indicate malice?" asked the attorney.
THE law requires of the governor that
he do certain things. He is put into
office to act; not to frame up schemes
for avoiding public criticism Of his acts
just before the election. He was not
required under the law to call in Muir
ply and Ingham and every Tom. Dick
and Harry to tell them what he was
about to do. But he was desirous not
of asking Ingham and Cowles their ad-
vice as to what he should do, but he
wanted to silence that paper and other
papers and stop the criticism of him
self because he knew he could not de-
,, fend his acts. If he believed the affi-
davits Of velma Howard why did he
not call in John Cownie and suspend
him as it was his duty to do. then go
to the legislature and lay the whole
matter before it? It was rather his
plan not only to force the resignation
of John Cownie rather than to act un-
der the law and suspend him but alsa
to close the mouths of editors of the
newspapers that the public might
never know what was going on"
Much of what Attorney Sullivan said
to the jury in his argument related to
the general terms surrounding a libel
case. the importance OF reputation, the
sacredness of character, etc. Early in
the presentation of the argument At
torney Parker for the defense INDUCED
in objections and sharp passage oc-
Cured over a question Of keeping with
in the record. Mr.. Sullivan had refer
| red to the 18th of March tragedy when
the resignation was demanded and
Cownie's statement as to his consulta-
ton with his wife and of her begging
him to resign. Parker said this was
not before the jury in any form. Sulli-
van retorted by reading from the let
ter which had been introduced in evil
dence, showing he had not mis-stated
the matter. Parker then raised the
objection to the address to the jury by
Sullivan on the theory that there is no
right under the law for attornews other
than the regular states attorneys to
have anything to do with case of this
kind. He undertook to prevent Sulli-
van, Reed and Dowel1 from addressing
the jury as against Parsons, Parker
and Cohen, because they are employed
by interested persons to appear in the
| case hence are prejudiced."
The court, of course, refused to take
this view Of the matter.
Governor Was Miffed.
Governor has said in his letter at
tacking Cownie that he had COM
munication from the board OF control
in regard to the purchase Of goods
without compliance with the law and
this was sufficient cause for removal
Let us see what were the facts and as
to whether or not there was malice
shown in publication of this fact.
at was shown" continued Mr.. Sui
livan that in 1909 the governor had
sent two appointments to the senate
to succeed Cownie and both had been
rejected, SO that at the very outset
there was some feeling stirred up. 1t
was shown that the transaction in re-
gard to cattle occurred in 1908 and that
the board of control, as a whole, acted
in regard to this matter; yet he picked
out John Cownie for crucif1xion. Would
anyone claim that if the governor sent
before the legislature the Velma How
ard statement as justification for re-
moving Cownie the legislature would
not kick the whole thing out OF the
state house? Then as to the alleged IL
legal purchase of goods for the prisons
which the governor said was sufficient
cause for removal. Secretary Treat
testified that there We're upwards Of
10000 separate transactions by the
board each year and all the governor
could find in a record of twelve years
was just one transaction in regard to
the purchase OF some woolen goods and
the matter of purchase Of little red
wagon for the school at Mitchellville.
Robinson Governors Aid.
"But what did the state lose by these
transactions? It was in April, after
the Cownie resignation had been re-
ceived and new man had taken his
place on the board, that the governor
wrote to Judge Robinson-always ready
to come to the aid of the governor-a
letter which is fairly loaded with
malice in which he asked Robinson for
information from the records as to any
transactions at any time indicating ir-
regularities. In this letter Judge Rob-
inson explains how the business is
done and tells hows sometimes pur-
chases are made by telephone. and
how in case there is need of haste the
rules are deviated from. Why, if John
Cownie had purchased a mule or sold
hog without getting bids upon it, the
fact would be here. But they had
general rule adopted by the board
which was adopted when first organ
ized and it was generally followed ex-
cept in some cases. This was one Of
the instances. and of this Judge Rob-
inson said to the governor:
I'VE desire to say. however. that we
are not informed the state ever suffer-
ed any loss by reason of these irreg-
ularities.
Governors Testimony Narrowed.
The testimony Of Governor Carroll.
in his own defense, after taking a day
and half came to elimination in the