Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-04-09
JOHN TIMMoNS, ALLEGING OWN
ERsAlP, TAKES POSSESSION
AND FENCES THE SQUARE.
ALLEGES HE WAS MET BY
EARNED INTERVENTION"
Says Mrs. James n. McEwen, Wife Of
School Board President, Assaulted
Him With Gun and Drove His Fence
Builders Away-TroubIe Grows Out
of Claims of Ownership.

! Who owns the public square, "alias
| John Timmons' square,, a tract of two
! acres near the center of Marietta vii
! lage? The district court will probably
/ be called on to decide. Today school
district No. 3, of Marietta township,
and John Timmons claim it. If posses
sion be counted nine points q the law
| then Timmons has the law on his SIDE,
! for this forenoon he took possession
and fenced the tract.
Because of that act of taking pos
! session and fencing, feeling over the
| question of ownership grew to the point
where alleged violence was threatened
and alleged assault was committed
and by a woman.
| When Timmons Took Possession.
For number of years, or since 1907,
John TimmonS has claimed ownership
and title TO the land. This claim o.
title has been open to dispute in and
near Marietta for some time, but what
ever differences there were gave out
no hint of violence until today, ana
perhaps would not have had there not
been an election in district No. a
week ago last Monday.
! Acting under an amendment to the
school laws. which Senator Arney in
troduced for the benefit of Marietta,
and which was passed, the school dis
trlct voted to take possession OF the
land. With the authority of the ma
jority of the voters back of 1t, the
school board caused to be set in each
OF the corners of the square a post
bearing this significant warning,
school property, keep off
Timmons read the sign posts, then
came to this city and consulted law
yer He was advised TO take possession
of his land and fence it. He did so
this forenoon, which was the immedi-
ate cause of what followed.
"Armed Intervention"
The force Of the intrepid fencers
counted three souls. Timmons was in
command His son law. Ed Hail.
was his lieutenant, and both We're
aided and abetted by Halls hired man.
E. w. sMcClamrock, a sturdy North
Carolinian.
Not far distant from the square lives
James H. McEwen, president Of the
school board and Mrs. McEwen. Her
husbands cause is one and the same as
| her own, and with her husband, who
| holds the belief that the district owns
| the square, Mrs. McEwen strongly
sides.
So when she viewed the preparations
for fencing the square, partisan feel
ing must have prompted what Tim
mons describes as armed interven-
ton"
1t may require a court to determine
just what followed Timmons, over the
telephone said Mrs McEwen threat
ened him with a shotgun, and he
quoted her as saying that ito fill him
full OF shot would be a pleasurable
duty, and deed to be proud Of
she struck me on the back with the
gun three times Timmons said. Il
went on working and paid no attention
TO her.
Il guess Timmons exaggerated
some" answered Mrs. McEwen over
the phone, when asked if she as
saulted her neighbor. Il don't think
struck him. All did was to punch
him a little on the legs"
She threatened Hall and McClam-
rock Timmons alleged, and drove
them off. but they soon came back"
Mrs. McEwen fatty denied that she
threatened the two fence builders.
Il only talked to them. And anyway
they were not building fence when
was there with them she answered.
Timmons refused to disclose whether
or not he intended to swear out war
rant for Mrs. McEwen.
Marietta Quiet at Noon.
Following the telephone converse
| tons the situation at Marietta might
! be described in the guardsman's phrase
! as Twelve o'clock, alrs quiet" if not
well" No more alleged assaults had
! been committed, and the discussion
was mostly of law courts and what
! they might decide.
Tinmons Claims Title.
| Timmons claims ownership of the
square by title that runs back to pat
| ent from the government.
| James H. McEwen, president of the
school board. says that Timmons' title
| is not good, and is so understood to be-
He says the court will decide who owns
the land.
THE land was dedicated to Mari
| eta he said, and altho it is true tina,
it was decided to Timmons by the
county we question the legality of that
transfer s.a0H
eve paid taxes on that land foi
years. It's assessed to me. I plated
it. and it has been known for years
| owned it," Timmons asserted.
Got Title From County.
Timmons claims title that runs bacl
to government patent issued to on,