Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-11-23
FEDERAL JUDGE TAKES CASE
FROM JURY AND DIRECTS
AcoUITTAl VERDICT.
POLICE AND DEPUTY SHERIFF
ALSO INCLUDED IN oRpEE
ger and Leo MeNamara Withheld
Until Friday-Says Mayor Was Or.
prsssivs, But Conspiracy Charge Not
Sustained BY Evidence.
Special to rimes-Republican.

Special to TimeS-Republlcan.
Des Moines, Nov. 23-On the mo-
ton of Mayor Ingledues attorney, made
In the federal court this afternoon.
| when the evidence in the case had
been completed. Judge Smith McPher-
son took the case from the jury and
| directed verdict Of not guilty insofar
as Mayor Ingledue, Deputy Sheriff c.
B. Mason, Desk Sergeant r. G. Good
ale. Deputy Marshal Michael Clark,
| and Officer Frank Haas were concern
ed. Decisions on the same charges as
was withheld until Friday.
Conspiracy Not Sustained.
Altho declaring. when he ordered the
case taken from the jury and verdict
of not guilty entered. that the charge
of conspiracy had not been sustained,
he said that Mayor Ingledue had been
oppressive and that Deputy Sheriff Ma
son had exceeded his authority. At
the same time the court upheld and
endorsed all that the federal officers
had done, and their method OF procur-
ing evidence. He declared that they
4 AAi6All AdS q OOAS AuSI lIlOEe anu SUN
not have been amenabe to the city's
authority, which he said had no juris-
diction over them whatever
InsIedus Was Oppressive.
The judge said that there was no
doubt in his mind that Mayor Ingledue
had oppressed the federal officers. but
that the charge Of conspiracy against
him. his police Officers and the deputy
, sheriff had not been sustained.
"The federal officer did right" he
declared to employ an Indian as a
means Of securing evidence OF illegal
sales Of liquor. Il approve that" con-
tinued the court. Had VanWert and
his companions shot down some of the
crowd that gatheredIat the Wenger sa-
loon, while trying to- do what they were
doing. the court said that he would still
have approved their action. and that
they would have been responsible, not
to the mayor, but to the government.
Nason's Actions Outrageous.
Characterizing as outrageous the con-
duct of Deputy Sheriff C.. B. Mason, at
ter the prisoners had been turned over
to him and placed in the county Jail
Judge Mcpherson said that Mason had
shown with his little authority what
he would do il he were clothed with a
great deal more. 49,
The mayor. he said, had been wrong
ly advised when thu lawyers had told
| him that he could hold federal officers
accountable for alleged wrong doing.
He specifically named City Solicitor F.
E. Northup. as the mayors adviser and
defender at the time.
Should Have Taken Bond.
Referring to the question of the mat
ter Of the proffered bonds, that were
refused by Mayor Ingledue, he said
that he would have accepted the Eyer
mayer bond or the bond Of Tama coun-
! ty men offered by County Attorney S.
c. Huber. He said there was no law
that required a certificate of the re-
sponsibility of the bond maker to be
j attached to the bond.
II do not endorse what the mayor or
his officer or the deputy sheriff have
done, but the conspiracy charge Is MOI
sustained" the court said, in closing.