Clipped From Ames Daily Tribune
the Howard Banks borne in Nevada. Raymond and Sam MUhlee left Saturday evening by bus for St. Paul, Mian., wh*r« they will »fead a few wteki with their litter. . Mr. and Mri. Ira Vail spent Sunday afternoon in Nevada visiting Mr. VaU's mother, MM. Eva Vail. Mill Mildred Cbinn spent the week-end at her home in Marihall- town. Rodger Fraser an<5 Bernice Chitty had their" 1 tonsils and adenoids removed at the Iowa sanitarium Monday morning. Mist Ivadel Thomas, who has enrolled in the Chlllicothe business college in Missouri, returned home Monday morning for a short visit with her parents. Mr. and Mrs. Clifford Picht and daughter and Mr. and Mrs. Andrew Picht. Helen and Andrew Picht and Marion Smith attended the Kuhn reunion at Eagle Grove Sunday. Miss Mildred Handsaker returned Sunday from a visit at the William Handsaker home. She plans to spend a few days with her grandparents before she returns to her home in Lincoln, Neb. Rodger French^ has returned home from a week^s vacation spent at the Faye Ward home near Colo. Mr. and Mrs. Charles French. Mr. and Mrs. Arthur Couser and children and Mrs. Emm*. Handsaker attended the Cook reunion Sunday at the Bates timber south of Nevada. EGGER8 BOUND TO GRAND JURY CContinned from Page One.) well qualified to decide what weight to give the facts and circumstances as the judge on the bench," he said. "The defendant did not go into the bank expecting to participate actually and physically in the holdup. So far the record is clear. The law is, however, that a person .even concerned in the commission of an offense, or if he aid and abet it. is equally guilty as tbo he actually participated. . ' Importance Minimized "The holdup in question was not successful. Therefore we are liable to overlook the Importance of the Incident. If the bank bad been robbed or either of the ladies in the bank shot or injured, we would be more apt- to see the Importance of the offense. "The Questions in this case are whether a crime has been committed and is there a reasonable or probable ground to believe this defendant was concerned in it, or aided or abetted it. "In any event, the court does not feel that under this record the defendant should be discharged. The grand .jury is a body, of seven men, and. if this defendant goes free witfcout trial; I believe the responsibility should be with the grand jury rather than with this court sitting arbitrarily on the case." Stnedfll Speaks After citing 10 reasons why he believed Eggers should be discharged from the charges on file against him, Attorney Smedal launched, into a stirring argument on behalf of the defendant, pointing to' what he desired to have the court believe were weaknesses in the state's case. He charged the state had failed to link Eggers directly with the crime and to name the two men who actually staged the attempted holdup. He said the state had failed to show by direct testimony that Eggers had given any sign or signal to others outside the bank while he was either in the bank or in the dry goods shop adjoining. Second Case Called At the conclusion of the hearing, the court called the case in which Eggers and Arnold Hen- neis are charged with conspiracy to rob the Hicks gasoline filling station at Colo. Formal pleas of not guilty were entered fo'r both defendants, and Mr. Smedal requested immediate and separate hearings, with the request that Henneis be tried, first. The state's star witness was the last to testify Tuesday. He was, Clarence 0. Erickson, but- termaker at the Zearing Creamery company plant. He was brought to the stand to testify that about three weeks before the attempted holdup of the Roland bank, Eggers had told him in the presence of Arnold Hen- neis that holding up the Roland bank would be a "setup" because only two women were employed in the bank. This took place. Erickson said, as he. Eggers and Henneis were driving back to Zearing after a kittenball game at Roland. Many Witnesses Tbruout Tuesday, the state presented witnesses who reconstructed Eggers' itinerary during the day of the attempted robbery at Roland. Furthermore, the state sought to present a motive for linking Eggers with the crime. This alleged motive lay in evidence that Eggers had been faced-with trouble concerning the sale of a mortgaged automobile, and that he had promised to produce the money owed by him on the car at 4 p. m., Tuesday. July 24. The Roland bank was held up shortly after 2:30 that day. The "motive" witness was Wilmer Prall, credit employe of the O'Dea Finance company, Des Moines, who told how ht had gone to Nevada on Monday, July 23, to see Eggers regarding his selling his mortgaged automobile to a State Center dealer. Failed To Get Cash Prall said he had orders to bring the car back to Des Moines with him, but on Eggers* definite promise that he would have the balance due the finance company at 4 p. m. the following day. he agreed to withhold taking possession of the car until then. Prall said that the next day he was at Eggers' residence in Nevada, and that Eggers was late arriving. Eggers did not hare the money, Prall said, but aaked to be excused for a few minutes and returned with $25. Prall laid he told Eggers IIP. would havr (o have thn full amount. He took possession of the automobile, which had been brot over from state Center, and went back t« Des Moiftei. The state'* detailed story thru wltnmta ai to Kggers' journeys and what' i did was apparently an effort to discredit what Sheriff J. R. Hattery testified Efger* had told him. There was some discrepancy between what witnesses testified as to times and places, and what the sheriff said Eggers had offered as his statement. C|f«r*' Trail The story constructed from witnesses bad Eggers at Arnold Hen- neis' father's farm Monday evening (July 23); back at the farm at daylight for a few hours rest; at the junction of highways No. 30 and No. 65 near Cole about 10 a. m. talking with two men in another automobile; driving north on No. «5; stopping at the William Muschick farm a mile west of Zearing where he talked to two men, unknown to Muschick, who drove into the farm yard in another car; talking again to two men in a car on the road from Zearing to McCallsburg, about 1:15 p. m.; back at the Muschick farm about 1:30 p. m.; in the Roland bank about 2:30 p. m., and in a dry goods shop in the same building when the two unmasked bandits armed with a sawed-off double- barreled shotgun held up Mrs. Severie Parker in the bank. And finally back in Nevada where he was late keeping his 4 p. m. Appointment. Cecil Risdal, young farmer living northeast of Roland on the Mc- Callsburg road, told how three men in a, dark coupe stopped In front of his farm, and how one came in the farm gate to ask for a drink of water. Risdal was lying on the lawn. He gave the man permission to get the drink and watched him go to the well, then return, get in the car and drive away. Risdal, howerer, qualified his definite statement elicited by the prosecution regarding identity of the man who came into the farm yard. "I think' it was Eggers," he said, said. Saw iandit Car Miss Alice Erickson, iookkeeper in the bank who testified Tuesday morning, returned in the afternoon to tell about a dark coupe containing thrc-e men which she saw driven thru Roland's main street about 11:30 a. m.. the day of the holdup. She said it was the same car in which she saw the two bandits escape after .attempting to rob the bank. George Barkus of Nevada told about running across Eggers talking with two or three men ia a car on the Zearing-McCallsburg road about 1:30 p. m. Eggers' car was parked nearby, and Barkus said he thot perhaps Eggers had had trouble with his c*r. So he stopped, backed up to ask if Efjters wa*t*4 help, to which JRcftra m>U*4 tw had bad a flat tire, bvt th«t H «M Used. * Sheriff Hattery tMtiftotf E«f*tt told him be had cone acrou Ue other two men in UM e»r MM thai they were the onet who h*tf A flu tire. He said he stopped *»4 belted them fix it. the- sheriff Scraps Pl*«* The sheriff told of tiadiM letters with envelope* tor* «S; scattered along a ditch VMMt road between, Zearing and burg, and said that Effen t«M him be had stopped to get a drlak near this place from a tarn ir«U. The defense objected to raf«r- ences to these letters, which had been pieced together and pasted M sheets ot paper. Neither letter was read Into the record. The sheriff said he inspected th« well and found the water dirty. Shotgun Muttl* The sheriff on cross examination produced the muzzle piece sawed from a double-barreled shotcvn which he said he found at the Henneis home. The piece wu not entered as an exhibit, but it was left in custody of the court bailiff after adjournment. The sheriff was cross-examined at considerable length, and during questioning admitted that he had not advised Eggers upon his arrest on the bank charge of his constitutional rights, nor had he warned Eggers to consider carefully any statements he had to make. BUY FOR LESS! Everything Cat Dixon Cut Rate Drugs Personalized PERMANENTS $2.98 and $$.00 Complete Shampoo, Finger Wave and Hair Cut styled to your individual type ef beauty. THE FAIR YOU USE LESS OIL New and Improved Conoco Germ Processed Motor Oil has a lower rate of consumption—proved by the famous Indianapolis Destruction. 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