Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-11-03
FORMER DEPUTY TREASURER OF
POLK COUNTY AccoMPLIcE
IN ROBBERY PLOT.
JURY SAYS HE coNSPlRED
WITH HATCH AND OTHERS
Maximum Penalty Of Ten Years May
Be Pronounced on Former County
Official For Completely in Attempt
to Dynamite Strong Box Of Polk
County.

jury III the case OF James E. OCalla-
ghan. former deputy treasurer of Polk
county, charged with completely in the
house. returned a verdict of guilty yes
terday afternoon. This is the second
time the case has been tried. the first
! trial resulting in a disagreement
Judge Charles s Bradshaw, of the
criminal division Of the district court,
! before whom the case was tried, will
at 2 O'Clock Saturday afternoon Mean
while, O'Callagilan is enjoying his lib
erty on a $1,000 bond, signed by his
brother, Robert O'Callaghan, propri-
etor of the Mission billiard and pool
nail, on West Locust street.
The crime for which OCallaghan is
convicted took place on the night of
March 81. last. At that time. O'Cal-
laghan was employed in the office of
George L. Dobson. county treasurer.
Evidence introduced by the state tend
ed to show tina, the former deputy
treasurer conspired with AL Rhoades,
Tom Hatch and Peter Juhl to blow
the vault. which was thought TO con-
tain several thousand dollars, March
81 being the last day for paying taxes.
Testimony in Wednesday.
The taking of testimony was COM
pleted shortly before noon Wednesday.
After Assistant County Attorney W. S.
Ayres had finished the opening argu-
rent for the state, attorneys for the
defense announced they would waive
their arguments, causing somewhat Of
a surprise. Immediately Judge Brad
shaw set about preparing the instruc-
tons. which were read to the jury at
2 o'clock.
The jurors then retired to their
rooms where they remained until 3
o'clock yesterday afternoon in charge
of Douglass Miller, bailiff The first
ballot taken stood nine for conviction
and three for acquitral The second
ballot was eight to four for conviction
All succeeding ballots up till $3.50
| the four men who had held for the ac-
auittal of the defendant changed their
votes
When the jury fled into the box.
O'Callaghan sat beside his attorneys
disa APPOINTMENT displaced this smile
| when the verdict was read, but OCal-
lazhan showed not the slightest emo
! ton.
Attorneys for O'Calleghan probably
! will ask for new trial today, which. it
refused. will result in their appealing
the case to the supreme court. O'Cal-
laghan, while he admitted having been
| in the company Of Hatch, Rhoades and
Juhl on the night the explosion took
place, stoutly denied that he had the
slightest knowledge Of the attempt to
rob the county treasury.
Did Not Enter Building.
The state did not attempt TO show
that OCallaghan entered the court
! house, or took any part in the actual
attempt to blow the vault The testi-
mony showed that only Hatch and Juhl
entered the building and that O'Callag
han and Rhoades waited for them on
i the outside.
O'CaNaghan is said to have unlock
ed all the windows in the basement on
the east side of the south entrance OF
the court house on the night of the
robbery, affording an easy access. The
former treasurer, evidence showed
NelO several conferences Will IsliOSOeS
Juhl and Hatch previous TO the at
tempt to crack the safe: that he was
seen in company with the three men q;
the southwest corner Of the old fed
eral building a few hours before the
explosion was heard and that he was
also with Hatch, Juhl and Rhoades on
Chestnut street when Hatch and Juh
and the police officers exchanged sew
eral shots.
Al Rhoades, whose confession led tc
the arrest and subsequent indictment
Of O'Callaghan. was one of the prin'
cipal witnesses introduced by the state
during the trial Rhoades related il
detail to the jury every step in the lay
ing of the plans and the pulling off O
the JON. In part his testimony wa!
corroborated.
Regarded as Notorious.
Juhl and Hatch We're regarded a
two of the most notorious and des
perate criminals in the country. Onl.
few weeks before the robbery was at
tempted, they had escaped from tn
penitentiary at Saltwater. MINI. Hatcl
was killed in July in Minneapolis in {
battle with police officer Juhl wa
arrested at st. Paul two months ag
on the charge Of numbering a polio
officer. He was sentenced to peniten
tiary for life.
Rhoades is now confined in the coun
ty Jail awaiting trial. Just when hi
case will be called has not been def
nitely decided. 1t is probable, how