Scott Co, Iowa
DISTRICT COURT- FEB. 1881
The case of the People vs. R.L. Johnson charged with larceny
came up Thursday, being the first criminal cause. The indictment charges R.L.
Johnson on the 5th day of July last with stealing "one silver watch of the
value of $30, the property of W.F. Earhart." The jury in the case was
composed of D. Lougher, Michael Dempsey, John Leuders, F. Grevsmuehl, Matthew
Riehle, Isaac Cummings, H. Ruwe, George Birchard, Charles Koch, Henry Spink,
James Jordan, and Hiram Truax. The evidence was all in at 4:30 o'clock and the
District Attorney Benson made the opening argument. He was followed by J.Q. Wing
for the defendant.
In the case of James O'Brien who was charged with malicious
mischief the Grand jury found no indictment. And the same want of action is
noted in the case of George Anderson who was bound over for larceny.
In the prolonged case of Andrew Blain vs. James L. Sharlow,
the jury returned a verdict for the plaintiff for $89- 64 1/2 and found that the
attachment was not wrongfully sued out.
At the opening of court Friday morning the larceny case in
which R.L. Johnson figures as defendant was continued. Geo. M. Boyd made his
argument for Johnson, speaking about three hours. He was followed by Judge
Benson for the State, and the case went to the jury at 10:30 o'clock.
The case next called was that of the State vs. John Sandstrom,
who was indicted for assault to commit murder. The defendant, Sandstrom,
admitted when placed on the stand that he shot four times at T.W. Kerr, of
Pleasant Valley, while the latter was at work. He swore that he did not do it to
kill him but to scare him. The witness testified to Sandstrom's peaceable
character except occasionally when under the influence of liquor. The case was
submitted without argument. The verdict of the jury was guilty of "assault
with intent to inflict great bodily injury,." The jury left the courtroom
at 4 o'clock and agreed upon its verdict early Saturday morning.
James Howard who was charged "with breaking and entering
a building" was tried before the court. He waived a jury. The court found
him to pay a fine of $100 and to be imprisoned in the county jail for the term
of three months. On another indictment, that of "stealing from a building
in the night time," Howard took the same course, and was fined $100, which
he will board out at the Sheriff's hotel.
Nelson Brown, who was indicted for larceny, having been
lodged in jail, his bail was exonerated by the Court.
The jury in the case of State vs. Johnson reported that it
was impossible for them to agree, and their discharge was ordered by the court.
The case in the District Court of the State vs. John Martens
was submitted on the Grand Jury evidence and a judgment was rendered of not
guilty. This as before stated in THE GAZETTE is an instance of malicious
prosecution, and Lieut. Martens means to show it as such. The Code of Iowa,
Section No. 4068 says: "If two or more persons conspire or
confederate together with intent falsely, maliciously, to cause or procure
another person to be indicted for an offense of which he is innocent, whenever
such persons be so impeached, indicted, or prosecuted or not they shall be
deemed guilty of a conspiracy thereof, and upon conviction shall be punished by
imprisonment in the penitentiary not more than five (5) years or by fine not
exceeding one thousand dollars nor less than one hundred dollars and
imprisonment in the County jail not exceeding one year.
This morning at the opening hour the civil docket will be
taken up. The record is as follows:
State of Iowa vs. Alfred Hall-assault with intent to murder.
Trial to court and judgment of guilty of assault.
State vs. Thomas Tyrrell and Alfred Hall- Robbery. Tried to
court and judgment of not guilty as to Hall.
State vs. Belle Walker- Keeping house of ill fame.
Arraignment and plea of not guilty. Tried to court, jury being waived, and
judgment of guilty.