Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-09-29
C0NN|E ATTACKED
YLANY[R PARSONS
BARRED FROM MAKING ANY DE-
+ENsE TO CHARGES pEPosED
BOARD MEMBER FLAYED.
INSTRUCTIONS OF HOWE
WILL FAVOR GOVERNOR
Attorneys Get Look Into Courts
interpretations of Law and Find
Them Decidedly Favorable to Car
rolI-Parsons Occupies Most af Day
Read Will Close For State.

Read Will Close For State.
Special to Times Republican.
Des Moines, Sept. 29.-"The evidence
will show that John CoWnie was not
fit man to have charge Of the state
institutions" said James Parsons. at
torney for Governor Carroll in opening
the arguments today In the Carroll
libel suit. He was promptly called
down by the state because the court
lad closed the door to an investiga-
ton Of Cownies conduct or fitness for
office. The attorneys for defense. how
ever. were permitted to go very ex-
tensively into the general management
of the state institutions. and especially
as to N1itchellville, on the theory that
1t had some bearing on the justification
of the governor in demanding Cow
nie's resignation. Parsons read at
great length from the transcript Of the
testimony taken by the board Of con-
troll in the matter of the investigation
of Superintendent Fitzgerald. the evil
dence showing that Fitzgerald fire.
ouently became intoxicated and that
he did things at the school that were
not right; that he would go into the
rooms Of the girls when they were
undressed and would move girls from
one room to another at night, and that
he interfered with the mana cement Of
the cottages by the matrons. Parsons
claimed that Cownie knew Of all this
and was responsible for conditions at
Mitchellville and protected the super
intendent.
Parsons spent several hours showing
up the evidence as indicating unf1tness
on the part Of Cownie to be on the
board Of control.
Parsons did not finish his address to
the jury at noon and will continue a
large part Of the afternoon. He dis
cussed no other phase of the matter
than the bad conditions which had
many years prevailed at Mitchellville.
instructions TO Favor Defense.
Judge Howe admitted that in the
preparation Of the instructions in the
Carroll case he could not find pre-
cedents as in most other criminal
cases, that whereas in most other mat
ters the decisions of the courts are
filed with statements as to proper In
structions there are not many as af-
fecting libel suits. especially OF this
kind; therefore it has been a great
deal OF task to fix up the instructions
to the jury. This much was early de-
cided, that while the law makes it the
right Of the jury to be judge OF both
the law and the fact. the court will at
least suggest the law to jury. 1t early
became evident that the governor would
rely pretty largely upon having in
structions that would shut the door to
consideration Of most of the material
matters affecting the case This was
Indicated in the courts rulings on the
motion to direct verdict. The state
sought all along to have the widest in
vestigation; the defense was looking
for restriction of the inquiry to very
small part of the case. The defense
asked the court for instructions that
would practically prevent considera-
ton Of any matter other than the pub
lished communication of the governor
and evidence of malice to be found
therein-thus cutting out all that pre-
ceded this as indicating what motive
the governor had for his action. From
the action of the attorneys in the case
who were, of course. permitted to see
at least portions OF the instructions.
II seems certain that the instructions
will be. like most of the rulings already
made. decidedly favorable to the de-
fense in the case.
The action of the court, which the
attorneys conceded was proper in view
of what had preceded, in refusing to
permit Mr.. Cownie to go on the stand
in denial of the grave accusations in
regard to the Mitchellville girls. after
they were first brought out by the
testimony of the governor, was de-
clared by many of the attorneys not
interested to be handicap on the
IN a,
technical sense it closed the door to
one phase of the case Of greatest in
terest Neither did the court permit
the testimony that was at hand to i'm
peach absolutely the witnesses which
the governor had induced to make
statements derogatory to Mr.. Cownie.
The defense had started out on the
theory that it would not raise any
question about the truth or falsity of
these things. and then after the evi-
dence had been drawn into the case
refused to permit any reply.
1t is expected that the instructions
Of the court will virtually leave the
case to stand, so far as the defense is
concerned, on the one question OF self
defense Of the governor and his right
to attack Cownie as a result OF the
latters first attack upon him
MitchelIviIle School Considered.
Attorneys for the defense have mag
nified to the utmost all the matters
connected with the school at Mitchell
vile. Mr.. Parker was before the jury
yesterday from II a. m. until p. m.
and he discussed in reality but two
statements-as to the politics Of the
case and as to the alleged immortality
of Mr.. Cownie at Mitchellville. He de-
voted far the larger part of his time
to the latter. The defense insisted
when the testimony of the state was
being introduced that no issue could
be raised as to the truth or falsity Of
the charges as to immortality. In fact
that John -Cownie was not on trial