Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-12-07
WATERLOO ATTORNEY ON TRIAL
IN FEDERAL COURT
At DUBUQUE.
CHARGES GROW OUT OF
LIQUOR SALES TO INDIANA
Van Vert and Brents, Agents For
Government, Indicted For Accepting
Brides in Same Conneetion-9tiff
Penalty Provided in Conviction Case.
General State News.

Dubuque, Dec. THE feature of the
fall term of the United States cow.
with Judge Reed presiding. is the case
against Attorney Willis N. Birdsall Of
Waterloo, who was indicted at the last
session Of court, but the trial was de-
layed until this term. When court con-
Vened the attorneys for the defense
filed demurrer to the indictments and
the afternoon was taken up with !ae
arguments on the demurrer. The case
promises to be a sensational one as the
defendant is u prominent member Of
the Iowa bar.
Cause Of Action.
It seems that a couple Of years ago
Mr.. Birdsall was employed by num-
bec of Waterloo saloon men to defend
them in the federal court against
charges that they had sold liquor to
brought 10 trial here and the saloon
keepers. at least some of them, pleaded
guilty II the charge and were fined
Then there We're charges preferred
against Attorny Birdsall, IT being al
legged that he had attempted to bride
certain United States officials who
We're concerned in the matter Of prose-
cution.
a short while ago, by peculiar coin
cieence. Mr.. Faville performed the
same office. The four cases for trial
are on indictments returned by the fed
eral grand jury at the last term Of court
against w. n. Birdsall. lawyer Of
Waterloo, and e. E. Van Vert and T.
E. Brents of the United States Indian
service. There are two indictments
against Birdsall, one Of offering a bride
to E. E. Van Vert and one of offering a
bride 20 T. f. Brents. and one charge
against Van Vert and Brents for ac-
cepting a bride.
Sold Liquor to Indians.
The cases grew out Of some prosecu-
tons by the government against Iowa
parties charged with selling liquor 10
the Indians. Birdsall was attorney 70.
the defense and, upon the defendants
being found guilty and sentenced to
pay fine of not less than 800 and to
serve jail sentence OF not more than
sixty days, Birdsall. it is alleged, en-
deavored to have the court remit the
Jail service part Of the sentence. To
do this it is alleged. he secured the
of the Indian service, and the matter
the court did remit that part Of the
sentence
Following the action Of the court il
was charged that the interest of Var
Vert and Brents had been secured
through payment to them OF money
and they were indicted on that count
Birdsall being indicted at the same
time charged with having offered the
bride.
To these indictments the defense has
interposed a demurrer in which it is
set forth that the offenses set forth in
the indictment are not comprehended
in penal code. holding that II
the brides were given and accepted as
alleged no crime had been committed
since in interposing in favor Of the con.
victed persons seeking clemency, Var
Vert and Brents were not and could
not be acting in an official capacity
therefore are not guilty Of accepting
a bride to do or not to do any duty OF
office prescribed by them in the law
setting forth their duties OF office.
Stiff Penalty Provided.
The penalty for conviction Of having
offered a bride in case of this sort
as provided by the federaal statutes
consists of a fine Of three times the
amount of money or property offered
as bribe and a penitentiary sentence
of not more than three years. For &C
cepting a bride by federal officer, tbs
penalty is the same as for offering one
with the additional disgrace OF for
fixture Of office and disqualification
! from ever again holding federal Of
| flee of honor, trust or pay.