Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-02-19

/
/Such was the verdict Of seven of the
best citizens in Marshall county after
NEARLY two weeks Of testimony from an
lex-convict. ex-gamblers, saloonkeepers,
iex-bootleggers and saloon attorneys in
ian attempt to prove that there were
enough suspicious circumstances sur
|rounding County Attorney Egermayers
iofficial conduct as to justify a trial of
,the facts. After all the evidence was
i1n and the county attorney had been
called to explain or refute every charge
made against him the grand jury re-
Il used TO find an Indictment deciding in
efect that there was nothing shown
s which justified a trial in court and
y he attorney general Of the state con-
~, ,Acting the investigation tells the dis
Oct court that the investigation has
len thorough and ought to settle the
lntroversy. Marshall county will foot
7bill of $500 to $500 expense.
Few Hear the Report.
II There were less than half dozen in
.le district court room when
Ghe grand jury verdict was reported
70 Judge j. M. Parker. A number who
were especially interested in what the
report might contain had hung about
the court room, waiting for the jury
Ito finish when Judge Parker was just
hurry appeared After brief consul
nation with Attorney General Byers in
}the ante room, the seven men marched
Unto the court room and reported.
,yCounty Attorney Egermayer was not
9present to hear his vindication..
Vast Bulk Of Testimony.
~ The grand jurys finding was made
after 1t had spent days taking vast
K bulk OF evidence from about thirty
4 five witnesses, and after it had spent
Several hours reviewing and weighing
1.-THE evidence and reaching conclusion.
(After the last witness had been dis
imissed Attorney General Byers with
drew from the grand jury room. Once
I Yr twice, while the jury was deliberat-
Z hg, he was summoned to their room,
4 but his stays were brief.
Was Jury Of Farmers.
The seven men who have conducted
}this probe into the conduct of the
I buntyS attorney are all farmers. All
i jf them are Of the substantial class,
y
, known thruout the county. They were
lW. r. Moninger. of Marietta, who was
foreman; c. j. Clauson. Vienna: E. L.
,Monofon, Timber Creek; August Meier,
Logan; w. A. Nichols. State Center;
William Parsons, Marion and J. L.
Wylie, Greencastle.
Makes No Recommendations.
The jury's report, which was so
fbrief, as to make no more than a single
y A4erltence, was not supplemented by any
4 Recommendation either as to what the
grand Jury can not report to the court
[ nature Of the case, the evidence or of
arsy future action which another grand
Jury at the next or any subsequent
Nerm might take.
AS matter of law the grand jury
yhad no other option than to find that
kt had nothing to report. in case it did
lot find an indictment. in the case
h (f Rector VS.. Smith, reported in the
Eleventh Iowa, page 3o2, the following
ruling covers the point exactly: 'The
|grand pury can not report to the court
|khe result of their inquiry into the con-
\ Sduct Of county officers otherwise than
\ by Indictment; and the members of a
Grand jury charging county officer
4 SEfth misconduct otherwise than by
h Indictment may render themselves Ii
\ hble to an action for libel'
ll Members Refuse to Talk.
\ Members OF the grand pury declined
To discuss the investigation or the find
ESng after the report had been made to
] he court, Attorney General Byers like
Wise refused to talk. He said there
j Vas nothing additional that he could
( " for the newspaper further than the
\ statement above, which he made in
Jourt. = y ~
u The Charges. -
The proceeding OF the grand jury
10 far as they were transcribed are
i healed insthe possession Of the county
a4srk ana can not be sson except by