Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1917-10-10

Davenport, Oct. l0.-The work of Sc
lecting a jury in the United States
district oourt here for the trial of the
six Davenport men, charged with con-
spiracy to bring Daniel II. Wallace to
Davenport for seditious purposes, was
completed today. The men standing
trial are:
DIR. Henry Matthey, Davenport phy-
sician, member OF the park board and
TOR about a year during the early part
OF the war surgeon in German hos
pitfalls.
DR.. Walter Matthey, Davenport ply
sician, nephew of Dr. Henry Matthey.
Fred Vollmer, Davenport attorney.
former county attorney of Scott coun
ty and veteran Of the Spanish-Amer-
lean war.
Charles A. Wiese, Davenport attor-
ney, in the office Of William Hoerscif.
E. c. Willis, Davenport attorney, who
defended Wallace at his preliminary
hearing and was the only other witness
besides Wallace at the latters trial.
Albert H. Miller. bookkeeper for the
Sieg Iron Company
l. ne men On are dCCuS6u Oh De.
ing instrumental in bringing Daniel H.
Wallace, head and founder Of the
League of Humanity, to Davenport for
lecture which was delivered at the
Turner Grand opera house on the night
OF July Is. Wallace on Monday was
convicted on two charges Of violating
the espionage bill.
The men on trial are accused Of aid
ing and abetting and conspiring thru
Wallace to obstruct enlistments and
recruiting and causing INSTRUMENTATION
and disloyalty among the military and
naval forces of the United States. This
is a part OF the espionage bill. and it
Is for conspiracy under this bill that
the men were indicted.
Must Repeat Testimony.
Although Wallace has been convicted
it will be necessary for the government
to introduce the same testimony that
was offered at Wallace's trial, II it
hopes to convict the men now on trial
In order to convict the defendants in
this case. the government must prove
to the Jury that Wallace violated the
espionage law. and that the defendants
aided and abetted in this violation.
Closely Questioned. II
Work of examining the Jurors
proved to be unusually slow yester-
day morning on account Of the many
questions which were put by the at
torneys for the government and for the
defense. Each witness was closely
questioned regarding what effect the
fact that Wallace had been convicted
would have upon him. The nationality
of every Juror is another question
which the attorneys for both sides are
investigating. That the jurors views
on the war question. whether they
have contributed to the Red Cross and
their activity in all patriotic gatherings
are also considered important. was
quite evident from the questions.
Must Show knowledge.
The important question which the
Jury mist no doubt determine in the
case now on trial is whether or not
the defendants knew what kind OF
lecture Wallace intended to make here
on the night Of July %. The attorneys
for the government and agents for the
government announce that they will
be able to prove to the jury beyond
all reasonable doubt that all Of the
Qe1SuudlVS hhO" Juct "Aio~ ''AAA~ ~ -
talk Wallace would give and brought
him to Davenport for the express
purpose Of obstructing recruiting and
enlistments and causing insubordina-
ton and disloyalty.
The defense on the other hand will
attempt to show that the men instru-
mental in bringing Wallace to DAY.
export did nor know that he intended
to make the statements he did. The
d-i,.,s ~! claim: tha. the defendants
expected Wallace to deliver an ac-
count of his experiences q the Eng
lish army.
Whether Wallace would be called
upon to testify in behalf of the defend
ants could not be learned. When
asked about this matter the attorneys
for the defense said that this question
had not yet been decided upon. Before
Wallace was convicted the govern
ment authorities had been led to be-
lieve that Wallace would take the
stand to testify that the defendants
did not know the exact nature of his
lecture. Whether Wallace's conviction
has been the cause of a change in the
plans of the defense could not be
learned.
Il