Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1919-05-20
ATTc7rEY AWAITS PASSING OF
CRITICAL PERIOD IN CAMP.
BELLS CASE.
FORMAL CHARGE MAY
eE FILED WEDNESDAY
campbelrs Condition Believed to Show
Slight Improvement Today-Cr'tea'
Three Day Period TO Be Passed Within
Twenty-Four Hours - Kirby May
Have Shot Devine.

Arrangement of Garfield Devine, VINO
shot and perhaps mortaliy wouhoeu
patrolman Frank Campbell SUNDAY
afternoon. is being delayed pending
the results of Campbelrs Injuries. the
| condition of the officer this morning
vas little changed, with Il slight sho"
OF improvement. rIis temperature
was lower and the attending physician
was encouraged by the fact that he
was holding his own rs the critical Pc
Rod of his case was drawing closer 10
an end.
Campbell spent rather restless
night but his general condition this
morning was a little improved. DE-. NJ.
&. Chesire. In charge OF Inc case. saiu
this forenoon that the critical period
should be passed in another twenty
four hours. No symptoms Of periton-
ills have developed
The bullet fired by Dcvine perfor-
ated both walls of the stomach ana
lodged in the back. probably near the
spine. No effort has been made to To-
cate the ball as it will not materially
affect the outcome of the cas,:.
May Arraign Devine Wednesday.
! County ATTORNEY Hoover said ms
morning no steps had been taken 10
orraign Devine and the outcome OF
CampbelrS case will he awaited before
formal charges are filed against the
prisoner. 1t ma. be thai Devine will
be- arraigned in justice court Nednes-
day. following the passing of the three
day period which is expected 10 deter
n,inc the fate of Officer Campbell.
sam Swift. the M. x 81 l.. conduc-
tor who was hit by a stray bullet was
said to he doing nicely today. DR.. i.
X. Hansen took an N-ray photograph
Tuesday to locate-ths bullet and later
7 tire ball was removed. 1t vas found
( lodged between the Two bones Of the
leg about half way between the Knee
and ankle.
| Who Shot Devirr?
! Deyine's wound is not serious and the
! prisoner was suffering little. Whether
the wound was sclf-inflicted or wheth-
er he was hit by the shot fired by
| Special Agent James Kirby. of the Shi-
cago Great Western, is an unsolved
question. 1t was at first believed one
of the shots fired by Devine had PEN
etrated his own hand. but it is possible
that the shot fired by Kirby hit the
! prisoner.
Kirby was not, as was told by Wit
ncsseS of the shooting. in company
with Campbell but was some distance
away. He did not know the cause OF
the shooting when he heard the first
| shot. but believed it came from rifle
in the hands of a small boy.
| Went to Campbeii's Assistance. !.
! He realized what had occurred only
when he saw Campbell reel and went
at once to his assistance. He fired as he
/ went. Kirby did not stop hat took up
at once the pursuit of Devine. which
was continued on foot until he was TAX
en- into en- automobile by I. T. Kirby
! According TO the latter the pursuit
WIS continued to Third street with the
! intention of doubling back. on the fu-
gitive. Houghkirk had. in the mean
time. been challenged, by Devine and
called to halt.
! Detective Kirby, in leaving the car
at South Second and Player streets
chose 4 convenient spot where he mad
! the pIOlettlOn VI d Tree, kNOWlDS LIE
vine TO be armed and prepared to sise
battle.
| Dsvine raised his gun. according q
Kirby. and pointed it in the direction
of the detective. but the latter called
to him to drop his weapon and throw
up his hands. Devine complied.
Kirby Shows Nerve.
To Detective Kirby is due the credi,
for the capture and he displayed cour-
age in running down and hating the
fugitive. There was opportunity for {
gun battle had Deyine chosen 20 risl
his life rather than surrender.
Devine secured a fair start Of thu
officers might have made the chase 6
long and perhaps unsuccessful one hat
not the automobile been appropriated
to the officers use. Deyine Mondn
secured the services of counsel to de
i fend aim.
4 Mrs. Campbell arrived in the city n
midnight from Excelsior Springs
where she has been visiting.