Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-05-04
pEPosED POLICE CHIEF DECIDES
NOT TO APPEAL FROM CUSTER
DECISION.
TAKES ADVICE OF FRIENDS
AND WILL SEEK OTHER WORK
Expected AequittaI in Face OF Over
wheimins Evidence That He Failed
in Duty-case Creates Intense In
tere.t All Over the ssate-MuIqueen
to be Successor.
Times-Renuhlican.

Council Bluffs police department, after
twenty-four hours time in which tt
consider his case from all sides ano
after having listened to the advice OF
friends, finally decided to r%elinquish The
office, formally turn over the effects
to Deputy United States Marsha.
Charles Crum and retire.
That it was a struggle for he major
to quit needed no word from him to
convince. Naturally Of a %belligerent
character. and with the fighting INSTINCT
strong; coupled with a strong dislike
to accept defeat and acknowledge it be-
fore the public, the major had to over
come feelings, that can best be mag
ined. His proud nature was outraged
and his personal feelings had under
gone a torment Of abuse until it can be
imagined the major hardly knew which
way to turn.
Contrary, to his first declaration,
Major Richmond will not appeal from
the decision of Judge Woodruff de-
posing him from office. He will quit
police work and will engage In private
pursuits. In what line Of endeavor
he will engage in he has not indicated.
AAdJOI ANlCAlliiOl1o - u poOA N"
and owns considerable real estate in
Council Bluffs. He says, however, that
he caves office no better off then he
was when he entered it.
Hoped for Aequittal.
That Major Richmond n some, at
least, of his friends. hoped and really
expected an acquittal is a fact, despite
the overwhelming evidence and admit
ted facts Introduced in the case by the
state. The very composure and conf
dence of Richmond's friends in the
outcome was a feature of the matter
quite without the understanding of that
part OF the public which had either
heard or read the evidence in the case
and who were not personally acquaint-
ed with the defendant. Richmond's
friends say he has been made a victim
Of the system-the system which was
in vogue for so many years in Council
Bluffs, now past and so radically differ
emf.
Judge woodruff, in his decision, Sc
verely scored this system, stating that
the practice gave the chief of police
almost autocratic power; that the re-
suit has been to give violators of the
law police protection, and that the
prosecution of such offenders by the
county authorities has been rendered
moreAdifficult il. not impossible"
Aside from its general findings the
court hits Major Richmond hard when
it states in the decisions: '"The court
finds that some of the violations of law
referred to in these findings have been
corrected by prosecution by persons
other than this defendant, and the
gambling system has been substantial
-1v broken IN Tnior fho Itropt:nr Of tho
city authorities, but not primarily by
this defendant"
As to the Mabray Gang.
The courts words in relation to the
charge that Richmond had permitted
the Mabray gang to operate in Council
Bluffs without hindrance, form an in
teresting conclusion to the courts find
ings in the case. The court, on this
point, says:
Several other matters were investi-
gated upon the hearing, relating to the
official conduct of this defendant in
regard o his failure to discover and
bring to trial certain notorious swind-
lers and violators of the law, but the
evidence relating thereto is so incon-
elusive that no definite finding can be
drawn by this court in regard to such
matters, and while the evidence might
raise a suspicion hat the eyes of the
police were shut when they should
have been open and open when they
should have been closed, and that such
blindness was caused by the instruc-
tons of this defendant, yet this court
can not act upon suspicion in a mat
ter of so much Importance to this de-
PENDANT and the inal conclusion that
this defendant has failed to enforce the
laws Of the state and the ordinances of
the city of Council Bluffs as required
Of him and should be removed from his
Office is based upon facts which are
admitted, substantially without contro-
versy."
Intense interest has been manifested
in the case over the entire state and
day Monday Judge Woodruff had
hard time eluding the messengers
who wanted to conduct him to the long
distance telephone booth. Early in the
day the judge left his home in Glen
for Red Oak, where he was to
hold court and in this way eluded many !
those who were seeking him for
advance information of the decision.
To all Of those whs did reach his ear !
the court refused absolutely to talk.
He had rendered his decision and pre-
ferred that it should do the talking
for the court.
Says He Was Square.
1.-THE records in the case" said Rich
mond, "show that I never took a PEN
ny Of the city,s money and that ] ac-
counted for all funds which passed
thru my hands. I have been chiefly
concerned that my personal character
should be untouched, rather than about
official position. / expect to go
to work in a short time at something
Ich. n Mnldueen. a prominent gro
ceryman who is attending the grocery
mems state convention at Burlington
is mentioned as Richmond's successor.
he be willing to accept there
Is no doubt he will be the mayors
choice.
THOUSANDS uNcoUNTEp.
Bushes. Element Of Sioux City Fears
Fall Down on Census.
Sioux City, May 4.-The fear that
Sioux City's census count will not be