Archive for the ‘Court matters’ Category

27
Mar

Passed Bogus Check

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The Messenger: March 27, 1907

Passed Bogus Check

S.R. Crego Arrested by Manager Duncombe House This Afternoon – The Monday not Found.

Man giving his name as S.R. Crego and residence as Cresco was arrested this afternoon by the polnce (sic)on complaint of the manager of the Duncombe House where he was stopping on the charge that he had obtained $50 ($1.155 today) under false pretenses. Crego is not an entire stranger to the manager and when he presented a sight draft on the Cresco bank and asked him to endorse it, it was done. Shortly after he learned that he had attempted to get a check cashed at the Fessler clothing store for $15 ($346) in payment for a hat and this raised a suspicion in the mind of the landlord who at once took steps to learn the validity of the draft cashed only to find that he had been duped.

He lost no time in looking up his man and at once had him taken into custody. He had acquired something of a load of “wealthy water” in the meantime and when arrested at the city hall had in his possession besides several bottles of dope and poison, a partially filled bottle of common booze. Although officer Grant made a careful search he failed to find the fifty. He did find, however, pinned to his vest, a private detective star, although the prisoner was unable to give any reasonable explanation as to how he came in possession or by what authority he was wearing it. He was placed in the city bastile (sic) until his brain cleared sufficiently to enable him to give some explanation of his actions.

20
Mar

Calhoun County Boot-leggers

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The Fort Dodge Messenger: March 20, 1907

Calhoun County Boot-leggers

One of Them is Convicted in Court and Fined Five Hundred

Stern Warning to Violators

Had Been Running Joint at Town of Jolley – Better Class of Citizens Caused Prosecution to be Made Against Him.

Rockwell City, March 20 – (Special to The Messenger) – When County attorney F.F. Hunter secured the conviction of Martin Johnson in the district court today, and Judge Powers imposed a fine of $500 ($11,547 today) and costs, they sounded a note of warning to the violators of the liquor laws, and won the admiration of all law abiding people of Calhoun County.

It was alleged that Johnson had been running a joint in the town of Jolley for some time and had been selling intoxicants freely and without fear or favor until he had become a menace to society in that locality. Fights and street brawls were a common occurrence, and it was charged that Johnson was responsible for the lawlessness that prevailed. The city marshal was unable to cope with the element that caused the disturbances, consequently things around Johnson’s place of “business” ran with a high hand. The better class of Jolley’s citizens became disgusted and the matter was brought to the attention of the grand jury which was in session here last week. An indictment was returned against Johnson, which he ignored. It is alleged that he continued in his nefarious business until court convened yesterday, when he was arraigned to answer to the charges that had been preferred against against (sic) him. He was found guilty of running a “joint” contrary to law, and when the jury returned a verdict Judge Powers immediately imposed a fine of $500 and costs, or an equivalent jail sentence. It was suggested to the Judge that he reduce the fine to $300 and Johnson would pay it rather than spend the summer in jail, but his Honor refused to entertain such a proposition and said: “No sir. I will not reduce it one cent. If I do anything I will increase it. These “bootleggers” are a menace to a community and their business must stop.”

With these burning words the accused was permitted to retire from the court room to decide what course he would pursue. With a long jail sentence staring him in the face he decided to pay his fine, which he did. It is said that he stated before leaving for his home that he is done selling liquor contrary to law and hereafter expect (sic) to live a respectable life.

It is understood that there are still a few more places in the county on which the “search-light” will be turned when the grand jury meets again and the county attorney has given assurances that any and all violators of the law will be prosecuted with all the vigor and energy that he commands.

19
Mar

Is Arrested For Bootlegging

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The Fort Dodge Messenger: March 19, 1904

Is Arrested For Bootlegging

Thomas Hughes of Forest City Gets Into Trouble.

Government Officers Arrest Him on That Charge – Must Go Before Federal Grand Jury.

Thomas Hughes was arrested by Deputy United States Marshal G.F. Gustafson at Forest City Friday, and brought to Fort Dodge the same night. He was taken to Clarion today where he was given a hearing before Commissioner Rogers on the charge of selling intoxicating liquors in violation of the revenue law. He was bound over to the federal grand jury under $200 bonds ($4,790 today). As he was unable to furnish bonds Hughes will be taken to Sioux City tomorrow.

The prisoner is charged with selling liquor in Forest City, where he makes his home. He is an unmarried man, his parents being respectable farmers living near Forest City.

While there was no feature of interest in Hughes’ arrest, the federal officers not infrequently meet with unusual situations. Some time ago Deputy Marshal Gustafson arrested a man on the charge of selling intoxicating liquors. His prisoner emphatically denied the charge.

“I will tell you just how it was,” he said. “We often played cards and usually had whiskey in the house. This day I was going down town to meet some friends to play, and put a bottle of whisky (sic) in my pocket. I didn’t sell the whisky, although I met a friend and when I got down to the depot the whisky was gone and I found a dollar in my pocket.”

He was held to the grand jury.

11
Mar

Burglars Enter Hardware Store

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The Fort Dodge Messenger: March 11, 1904

Burglars Enter Hardware Store

Entrance Forced to Sanders Hardware on Upper Central Avenue

Little of Value is Taken

Burglar Apparently Familiar With Store and Was Evidently a Boy

The burglar again gave evidence of his presence in the community when Thursday night he made a successful entry into the Sanders’ hardware store on Upper Central avenue, although so far as is known, he succeeded in getting away with little of value. The burglary was the third attempt of a similar nature made within the pst few weeks. Besides the hardware store, the saloon of George Benn at Sixth street and First avenue south has been molested twice, once successfully.

The discovery of the Sander’s (sic) robbery was made this morning when the store was opened for the day. Little disturbance was left to indicate the presence of an intruder, but his means of entrance was clearly apparent. He entered the building by cutting out one of the small windows in the back and then raising the sash. Between the front and rear of the store is a door which is kept locked at night. To pass thru the burglar cut a heart shaped hole int he panel thru which he evidently inserted his hand and opened the lock on the other side. From the size of the hole it is believed that the burglar was either a boy or a man with an unusually small hand.

So far as know this morning, nothing had been taken, the only evidence that the place had been disturbed, being the roller top desk, which is usually left open, but which this morning was found to be closed. A knife and a cigar holder, which the burglar had left behind him, were found and are the only clues to his identity.

The police as yet have been unable to apprehend the persons who robbed the cash drawer at the Benn saloon two weeks ago. A second attempt was made to enter the saloon a few nights ago. Two men were discovered by a policeman while they were working in the rear of the building. They took to their heels and were pursued by the officer, who shot twice and hit one of the men. Both, however, succeeded in making their escape.

24
Feb

For The Custody of Children

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The Fort Dodge Messenger: Feb. 24, 1906

For The Custody of Children

Suit Between Divorced Man and Wife Filed in the District Court Today

Suit was filed in the clerk’s office today by Edward Fuller asking the custody of his five children who are now held by his divorced wife Jennie (uncertain about the middle initial – it looks like an upside-down F) Fuller.

The petition of the plaintiff states that he was granted a decree of divorce by Judge W.D. Evans in 1904 and that at that time the custody of the children was given to him. Despite this, his former wife has according to his claims held the children and has refused numerous requests to give them into his possession. He alleges that they are now wrongfully witheld (sic) from him and asks that the wife be commanded by the court to give them into his possession. The Fullers were former residents of this city who are now living in the country.

19
Feb

Thought Judge Kenyon a Boy

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The Fort Dodge Messenger: Feb. 19, 1906

Thought Judge Kenyon a Boy

Youthful Appearance of Fort Dodge Attorney Deceived.

Sioux City People Find Out When he Wins Cases that He is of age.

The youthful face and general boyish appearance of Judge W.S. Kenyon of Fort Dodge, attorney in Iowa for the Illinois Central railroad, makes him the victim of some amusing incident almost every time he visits the Woodbury county court house, says the Sioux City Journal. The other day he went into the office of the courts and asked for some papers in a case that had been filed there.

“Are you an attorney,” asked a deputy who happened to be new in the office,

“Yes, my name is Kenyon, of Fort Dodge,” answered the railroad attorney, modestly.

The deputy sized up the judge but would not give out the papers to him until another deputy who had had a similar experience with the judge assured him laughingly that it was all right.

When Judge Kenyon appeared in the court room as attorney for the Central in the Tarashonsky case last week one of the jurymen, who sat waiting to be called in the case, was heard to remark:

“Gosh, that boy ain’t going to represent the railroad in this case is he? I am sorryf or him with all them big lawyers against him.”

Incidentally it may be mentioned Judge Kenyon won the case.

(Editor’s note: The Tarashonsky case is referenced here. A 5-year-old child was struck by a train in the railroad yards in Sioux City. There was a path commonly used to cross the tracks, and the railroad workers knew that people used the path. It was argued that the railroad employees saw the child in time to stop.)

The Fort Dodge Messenger: Feb. 16, 1904

Child Shot After Inviting Death

Four-year-old Marshall Hollis Shoots and Kills His brother Leo.

Says “Shoot Me Marshall”

Boy Pulls Trigger Killing His Brother Instantly – Tragedy Occurs in Bed.

“Leo said ‘shoot me Marshall.’ I didn’t do it the first time, but he toldi me to shoot him again and I wasn’t afraid that time. I put the pistol against his face and pulled the trigger and he felled over and blood came out of his mouth,” was the testimony of four-year-old Marshall Hollis as he sat on  Coroner McCreight’s knee this morning and told the coroner’s jury how he had killed his two year old brother, Leo.

The children are the sons of Mr. and Mrs. H.E. Hollis, living at 426 Third avenue south, and it was while playing in their mother’s bed at 8:30 this morning that Marshall, the older, found a 38 caliber revolver between the mattresses and on invitation of his younger brother, pressed the weapon against the child’s face and pulled the trigger, killing him instantly. The bullet entered the head at the junction of the nose and upper lip and tore its way until it lodged against the skull at the base of the brain.

Mother Finds Baby Dead.

The mother, hearing the shot, rushed to the room and found her baby dead lying in the bed in a pool of blood. The face was covered with blood from the wound and blackened by the powder. Marshall, the four-year-old child who had ended his brother’s life was in the same bed suffering from a badly burned hand, caused by the discharge of the weapon, which he had held with his left hand supporting the barrel near the muzzle. Aside from surprise that his brother should lay so quiet and still, the child evinced no sings of having realized what he had done.

H.E. Hollis, the father, had been employed by the Illinois Central in the capacity of brakeman, but on account of light business had been laid off. Monday night he went to Woodbine, where he expected to secure employment with the Northwestern, and Mrs. Hollis being nervous in the absence of her husband had placed the revolver between the mattresses of her bed. This morning she arose and went down stairs to build a fire in the kitchen stove and Marshall had gone from his own bed into the bed in which the younger boy and his mother had been sleeping. After lighting the fire Mrs. Hollis was called out of doors to show the driver of a coal wagon where to unload the coal. As she was returning to the house she heard the report of a revolver and rushing up stairs found the baby dead. She summoned H.H Porter, the teamster who was unloading the coal, who after going up stairs hurried away from medical assistance. The mother meanwhile carried the child downstairs, but death had been instantaneous and the attention of a physician wa of no avail.

Inquest This Morning.

Coroner McCreight held an inquest over the remains at 10:30 this morning and the jury, composed of J.J. Conway, being shot with a revolver in the hands (sic), J.C. Walburger, and C.H. Smith, returned a verdict which in part read:

“That the said Leo M. Hollis came to his death at about 8:30 a.m., February 16, 1904, at No. 426 Third avenue south, First ward, Fort Dodge Iowa, by act of his four-year old brother, Marshall W. Hollis.”

Child Tells the Story.

The boy, in whose hand was the revolver when discharged, not realizing that he had figured in a tragedy two hours before, readily answered all questions and placidly told what had occurred. He said he had “feeled” the revolver between the mattresses and taking it in his hands had pointed it at his brother. The latter said: “shoot me, Marshall.” This the older child declined to do until bidden the second time, when he calmly pressed the muzzle of the revolver just over his brother’s mouth and pulled the trigger. In reply to a question he held up the first finger of his right hand when asked with which finger he had pulled the trigger. He had held the barrel of the revolver with his left hand and in the discharge that hand was badly burned. Although not fully aware of what he had done, the child realized that he had done something wrong, for after shooting his brother, he had shoved the revolver under a pillow.

(Editor’s note: Sometimes complete lines were printed out of place. There are a few words in the list of jury members that are confusing, but I think should fit in this paragraph in this manner: “That the said Leo M. Hollis came to his death at about 8:30 a.m., February 16, 1904, at No. 426 Third avenue south, First ward, Fort Dodge Iowa, by being shot with a revolver in the hands of his four-year old brother, Marshall W. Hollis.” This is not perfect, as the word “act” doesn’t fit, but is one possible explanation.)

11
Feb

Another Chapter in Anderson Case

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The Fort Dodge Messenger: Feb. 11, 1903

Another Chapter in Anderson Case

Supreme Court Dismisses Appeal on Account of Anderson’s Marriage to Plaintiff

$10,000 Judgment Still Stands

Anderson Appears to Have Got Him a Wife to No Purpose in Evading Judgment

John Anderson in marrying Sophia Olson got him a wife and also secured the affirmation of the judgment against him. This would appear by a decision of the supreme court, announcement of which was received here today, decides that there is no appeal now before the court, inasmuch as plaintiff and defendant have married, thus leaving the judgment still standing against Anderson.

Last week, Healy & Healy, the attorneys for the plaintiff, she who was Mrs. Olson and is now Mrs. Anderson, filed a motion showing Anderson’s marriage to the plaintiff and suggesting the dismissal of the case by the reason of the disability of Anderson, as husband to further prosecute the appeal as against his wife. The motion to dismiss the appeal was sustained by the supreme court, which has the effect of confirming the $10,000 judgment. The case now stands as though no appeal had been made.

The plaintiff’s attorneys have an attachment against hte land which was sold to satisfy the judgment, for fees. The case will come up at the March term of court.

The net result of Anderson’s attempt to defeat the lein (sic) for attorneys’ fees seems to have been to have the whole judgment against him affirmed. Instead of his marriage effecting his purpose, it has resulted in depriving him of whatsoever chance he had in his appeal, as the judgment is now in force and effect to the sum of $10,000.

5
Feb

Short Change Man on Central

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The Fort Dodge Messenger: Feb. 5, 1903

Short Change Man on Central

Gentleman With Deft and Oily Fingers Works Smooth Graft

A Nebraska Man His Victim.

Son of the Soil, Out to See the Sights, Exchanges $50 for Meagre (sic) Roll of $15.

Waterloo, Io., February 5. – Marshal Simmering this morning received a letter from Cyrus Alton of Elmwood, Nebraska, stating that he had been victimized to the extent of $35 on the Illinois Central passenger train between Waterloo and Manchester Saturday night. He gave a description of the grafter and told how the game was worked.

Shortly after the train pulled out of Waterloo a well dressed stranger sat down in the seat beside Alton and began conversing with him. Alton readily fell into the snare. Judging by his letter he is a farmer. He had become weary of the long ride and was glad of the opportunity to break the monotony. Soon after the stranger worked himself into the good graces of Alton he told him how badly he wanted to exchange some small bills for a large one to give to a relative who would leave the train at Dubuque. Alton liked to be obliging and inquired how large a bill was wanted. The stranger thought a $50 would do and Alton pulled out his roll and selected a fifty. The stranger had a number of small bills and counted them out. They appeared to be $5 bills. There was just $50 the first time he counted them out, but in order to escape a mistake he counted them again. Sure enough there was just $50. Alton took them and placed them in his pocket, not suspecting the fraud. However, when he arrived in Chicago he took an inventory and found that the roll contained just $15 a number of $1 bills having been substituted for the $5 ones.

2
Feb

Marriage Ends Sensational Suit

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The Fort Dodge Messenger: Feb. 2, 1903

Marriage Ends Sensational Suit

S.J. Anderson and Mrs. Sophia Olson Decide to Kiss and Make Up

Ends Breach of Promise Case

Marriage Ceremony Was Performed at 11 O’clock on Saturday Night. Last Chapter

Sven J. Anderson and Mrs. Sophia Olson were united in the bonds of matrimony on Saturday night, in the neighborhood of 11 o’clock. The ceremony was performed by Rev. G.W. Pratt, of the Methodist church at the home of the bride, 215 Second avenue south.

The mere statement that she who was Mrs. Sophia Olson is now Mrs. S.J. Anderson does not convey the full significance of the action. It means also that the oil has been poured upon the troubled waters of litigation, that suits and counter suits are now things of the past; in a word that one of ht emost sensational breach of promise cases ever tried in Webster county, has practically been disposed of.

They who are not Mr. and Mrs. S.J. Anderson have been much in the public eye for the past week or so. Last week their case was submitted to the supreme court in Des Moines, Anderson praying for a reversal of the judgment. Last Saturday, the couple showed up again at the capital city. They wanted to get married, and they went to Chief Justice Bishop, of the supreme court, and told him so, adding that the head of the court was the chosen one to make them man and wife.

Chief Justice Bishop balked at the responsibility. The Des Moines Register and Leader tells what happened as follows:

“Judge Bishop refused to perform the ceremony, his principal reason being that Mr. Anderson and Mrs. Olson wanted to file with the court as a part of the marriage Freemon a statement and stipulation regarding the suit now pending which would probably have the effect of cutting Senator Thomas D. Healy and M.F. Healy, attorneys for Mrs. Olson, out of their fees.

“Mr. Anderson, who is aged 53, and Mrs. Olson, who is 34, first made their appearance at the office of the county clerk where they secured a marriage license. Then they betook themselves to the supreme court and hunted up the chief justice. Judge Bishop advised them to confer with an attorney, and said in view of the importance of the damage suit that was on he thought it ws improper for him to unite them in marriage.”

Disappointed in their hope of being married by so exalted a personage as a chief justice, Anderson and his bride to be, returned to Fort Dodge on Saturday evening. County Clerk Colby had left his office, but was corralled and brought back and issued a license empowering the two to enter into the state of matrimony which they did without delay.

The marriage return, made out in proper form and testifying to the fact that S.J. Anderson and Sophia Olson were married on January 31, is now on file at the office of the county clerk.

Mrs. Sophia Olson sued Anderson for breach of promise and got a judgement of $10,000 ($239,495 today) a year ago last summer. Anderson’s farm was attached for the judgment, and Mrs. Anderson bought it on sheriff’s sale. Only a few weeks ago, a new development appeared in the case when Healy & Healy, who were the attorneys for Mrs. Olson, now Mrs. Anderson, brought suit to recover the attorney’s fees alleged due them thru their petition.

The bringing of the appeal before the supreme court, and the marriage on Saturday night, practically closed the episode.

T.D. Healy, one of the attorneys for the erstwhile Mrs. Olson, stated this morning that the marriage would in n o way effect the collection of the attorneys’ fees.