Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-04-22
LIVELY SCENES ATTEND EFFORT
TO SECURE BURT ENoLE FOR
ALLEGED INDIANA CRIME.
DEFENDANTS DAUGHTER
t MAKES FINE WITNESS
Little Edith EnsIe Tells How She
april Fooled Her Papa, and April
Was Date Crime Was Said to Have
Been Committed in Indianapolis
Habeas Corpus Writ interposed.


With the defense of an alibi, and
showing he was in Newton on the date
he is charged with having committed
grand larceny in Indiana, Bert Engle
formerly of this city, and former
resident of Newton, was released from
custody on writ of habeas corpus in
Judge Brennan's court, Des Moines,
Tuesday afternoon.
! While detectives We're seeking to
! take charge Of Engle. and the governor
had issued a requisition for Engle's re-
| turn to Indiana. Engle fortified him
self by writ of habeas corpus. ana
no sooner had the governor acted than
/ Engle's attorney presented the writ.
May Be Further Developments.
! Further developments may arise in
the case, it was said today. Either
| some one has been masuuerading as
! Engle in Indianapolis, and committed
the crime. that Engle is charged with
or else a new indictment may be pre-
! pared. showing a corrected date on
which the alleged crime was COM
mitted," said NJ. r. Hammer Jr., Of
! Newton, Engles attorney, in speaking
of the case today. we had no trouble
proving that Engle was in Newton on
the date the alleged crime is said to
have been committed" said Mr. Ham
mer.
| Enele Known Here.
Engle made his home in this city
for a year or more prior to about five
years ago. Engle came here to pro-
mote the publication of the Herald. an
evening newspaper that was estab
lished and was published for nearly
two years. Later Engle ran job
printing establishment with the plant
formerly owned by the Reflector.
Little Daughter important Witness.
| The Register and Leader of this
| morning tells of the case as follows:
"a 7-yearold golden haired girl
thwarted the efforts of the state of In
diana, the Iowa and Indiana State
Bankers Associations. Pinkerton de-
! tective, and we'll known criminal at
torney to extradite her father from
| Des Moines to Indianapolis by her tes-
timony in Judge Hugh Brennans court
! yesterday afternoon.
The girl was Edith Eng,e, a rosy
checked little lass who seemed to reals
lie the predicament in which her
father had been placed, and was anxi-
GUS to do everything within her power
to prevent his being separated from
| her and her mother. ~
| The father, B. J. Engle. of Newton,
was forced into court to show why he
should not be returned to Indianapolis
to answer to an indic1nen returned by
the Marion county grand jury Of In
diana, charging him with grand lar
ceny.
Indicted in Indiana.
THE Indictment charged that Engle
secured s75 from the Indiana Trust
| Company Of Indiana polls on the speci-
! fic date OF April !, and that he had be-
| come a fugitive from justice on April
| 3, when he fled from Indiana into Iowa
After the attorney had argued at
length on the laws Of the various states
as they relate to the extradition Of
persons and the court showed signs Of
fatigue. the accused mans little daugh-
ter tiptoed toward the witness box and
climbed into It.
Il know my papa was home on April
| 1, the little girl whispered to Judge
Brennan in her own characteristic way
as he bent over by her side. I can re-
member 'cause he April fooled me
and I April fooled him that day."
But are you sure he was there that
day.? inquired the court in an effort
to have her establish definitely that
her father was with her at that par
| ticular time.
Gave Him Sailed Chocolates.
Ooh. yes, she answered in a
positive tone I gave him some choco
lates with salt In them. didn't I man.
ma, she said. turning toward her
mother, and he ate them and they
tasted bitter-I could tell from the way
he twisted his face
Further examination Of the witness
by the counsel for her father brought
out the fact that her father had awak-
ened her early on the morning OF April
/ and told her to go outside and see
how hard 1t had rained. She said she
went outside but there was not any
water on the ground.
1.-THE little girl also recalled that she
and her mother had sewed UP her faith
er's night shirt that night so as to
April fool him.
Newton Witnesses Testify.
Ross Mowry, county attorney, OF
Jasper county; Dr. Perry Engle, father
Of the prisoner, and others testified
that they had seen him in Newton on
April /.
Judge Brennan held that the evil
dence showed conclusively that Engle
was in Iowa at the time the crime al