The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1914-04-16
Trial Of Gaiesburg Physician for A.
legged Violation OF Mann Act
viii Begin Here
April "a.
AFFIDAv1Ts ARE FILED
Both Defendant and Government
Make Statements az to illness
of Acknowledgement
Docket Called.

After listening to affidavits filed by
both sides in the case of the United
States against DR.. George f. Malley
of Gaiesburg, in which the defendant
asked for continuance and the gov
eminent resisted the motion, Judge
Mcpherson set Friday, April "a, at
O'Clock as the time for the case COM
ing to trial.
Judge Mcpherson said that he did
not know exactly what sort of dis
ease the grippe was, and he guessed
no one ever really knew, but he
knew there was q peculiar disease
which often afflicted men during
court time and which lasted the bal
ance OF the term. He said that to his
mind some one had been t.ifling with
the Galesburg case. In setting the
date for trial the court said that it
was his wish to give both sides a
fair deal, and tat he thought eight
days would give the defense time to
secure another lawyer il Mr.. Balm
ger, who also is indisposed, cannot
take charge of the case.
A score OF affidavits was presented
by the defendant in the endeavor to
show that he is i'll, and that in his
condition, it would be detrimental to
his health to appear in court now.
The afldavits were from neighbors,
members of the family and two ply
sicians.
Doctors Withdraw Theirs.
Yesterday, however, when A. F..
Kearney, special agent visited Gales
burg, he secured affidavits from per-
sons who had seen Dr.. Malley on the
street rec 5ntly they said, and the two
doctors who had originally made aft
davits for the defense asked permits
sion to withdraw their statements.
and they both filed statements differ
ing from their first ones. The reason
given for this change was that the
of DR.. Malley's broth er, and one of
the physicians claimed he had been
misinformed as to the patients condi-
ton.
The doctors affidavits are from r.
l. Law and Ben D. Baird. DR.. Baird,
on learning that Special Agent Kear-
ney was in the city asked permission
to Withdraw his affidavit DR.. Law
did likewise, and the government
agent took their affidavits.
Fred Human, Galesburg's chief OF
police stated he had seen defendant
every day for period Of ten days.
One or two other affidavits constitut.
ed the governments resistance.
Question Of Attorneys.
Affidavits to the effect that Mr.. Bal
linger was i'll, were also read by the
attorneys 1t was the cont ention of
the government that there were 9TH
er attorneys in the case than Mr.. Bal
linger. This brought up considerable
discussion J. E. Malley, brother of
the defendant. and George Subway
| were both quoted as being conn scted
with the case. That Shumway had
anv connection with the case was de-
MED by Mr.. Malley, other than that
he was a friend of the family's. Judge
McPh srson said that last fall Mr..
Shumway had called on him, and ha0
| said that he was an attorney in the
case. Assistant Attorney Holstein
| said that he remembered Shumway
was very anxious for fear the govern
m snt would insist on immediate trial
1.-THE sickness Of Mr.. Ballinger Is
all that is embarrassing to me in this
matter" Judge Mcpherson declared
| ..These affidayits are full Of subJec
tive symptoms. but where are any OBJ
| iective ones shown? The tempera
| ture of 99.2 and the tense abdomen
are only subjective ones.
Can't Define Grippe.
Gust what the grippe is no one
knows. but there is disease which
is neculiar in that it affects men during
| court term. 1t looks to me l1k7 there
| had been some trifling done with this
case at Galesburg.
81 want to be fair" said Judge Nc
Pberson I'VE must remember tina,
one OF the principals of our law is
that a man is presumed to be limo
cent until proved guilty That pre-
sumption is not a playthins. 1t Is
vital part of our laws.
In setting the case Judge McPher
| son said that the witnesses must bt
patient. Some OF the witnesses ar
practically in custody OF matrons. ant
thew OF course are not free to go a.
! they wish The others are free to az
as they zee At until next Friday. Cath
crime Chelsey is the prosecuting wit
ness.