Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-07-15

4 Bedford July 15-The case against
Bates Huntsman. who has been on pre-
liminary trial before Justice M. A.
SAWYER for the alleged murder OF Ma
thaniel Smith. Missouri cattleman'
and his son, In September. 1877, was
dismissed today by Justice Sawyer.
The case was dismissed upon the
m otion OF the attorney for Huntsman
shortly before noon. Attorney Genera'
cosson, representing his department.
acouiesced in the motions. stating 70
the court that the refusal to admit the
evidence OF John Derrid son with rel
e-ence to DR.. C'Doc') A. r. Gohday'
the hermit druggist, who was SAID TO
have been a participant In the allegeo
crime. has made it impossible for the
state to proceed farther.
Refuses to Admit Evidence.
Justice Sawyer declined to admit the
evidence OF John Derrickson. relative
to the death Of Doc A. e. Goliday. the
several months ago.
and in whose home was found $4,000.
The decision was made shortly alte1
the opening OF the court, following an
argument between attorneys for the
state ana the defense. in which Attor-
ney General Cosson participated. The
latter objected 70 Whist he called the
refusal or the court to admit important
testimony for technical reasons. JUS
tfce Sawyer had decided that the state
had 10 far not known the connection OF
Goliday with the alleged murder.
During the argument for the admis-
sion of Derrickson's testimony. County
Prosecutor Burrell stated that II his
evidence was thrown out by the court
IT would prove fatal to the states case.
Attorney General Cosson said that 1t
looked to him as II an effort was being
made to confuse the issue by resort to
technicalit1es.
Samuel Anderson was recalled to the
stand after the courts decision rela-
tive to Derrickson.
Dismissal Plsasss Crowd.
Loud cheers greeted the announce-
ment Of Justice Sawyer that he would
dismiss the case. The officers in the
court room had considerable difficulty
in restoring order, so enthusiastic were
the neighbors Of the aged defendants
who had gathered to witness the final
scenes Of the court drama which has
stirred the community for the past
week. Finally Justice Sawyer succeed
ed In getting the room quiet, and then
said that the cases against all four
defendants would stand dismissed.
This second announcement was q
signal for another outburst. as the
crowd closed In around the late defend
ants. Huntsman and Samuel Shrivener
stood with tears In their eyes as they
received the congratulations Of their
friends. The court room turned into a
reception scene, In which the defend
ants were the chief figures. with wit
nesses for and against them mingling
with the spectators, in what appeared
to be 'jollification meetings.
Endorsss Motion to Dismiss.
The motion to dismiss came from
Attorney A. B. J. Flick, representing
after Samuel Anderson had
left the stand, when he had just added
a few details to his testimony Of yes
terday; Attorney Flick declared that
the corpus delecti had not been estab-
lfshed and that the charge against his
client had not been borne out by tho
states evidence.
Attorney General Cosson at this
point arose and announced that while
he had been forcibly impressed with
the story OF Mrs. Maria Collins Porter
ana was convinced that murder had
been committed about the time she
stated, me evidence to his mind. would
not wayTsnt the state in proceeding
farther with the case. He said he
would not on the evidence thus far
adduced. ask tho grand Jury to con-
aider the charges against the old men.
and therefore, he and the county prose-
cut0r would endorse the motion to dis,
miss.
0oliday Alleged Member Of Gang.
Goliday was one of the men, who.
according to Mrs. Maria Collins Porter.
helped to cafry tho body Of Nathaniel
Smith. the Missouri cattleman. past the
house OF Jonathan Dark to an old
well, where It was dumped in, on that
September night In 1877.
Tho money, which the state alleges
was discovered in the Goliday home,
consisted Of about 10000 in gold cur
rency and the balance In old currency
and coin.
HEpRlck s4oT As SPY.