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I'WO MASON CITY GLOBE-GAZETTE, MAY 5 1936 in all 45 defendants on a total of 80 counts. After O'Connor was acquitted by directed verdict, charges against a number of the defendants, including State Treasurer Leo , J. Wegman, were dismissed. Wegman was indicted on charges .of perjury for his testimony before the grand jury. Appealed With Maley. ,, The remaining defendants involved were listed among those appealing to the high court with Maley. ' First action in the graft cases was taken last April. At that time Gov. Clyde L. Herring talked with Marshall and then called a conference with O'Connor and four Sioux City officials/Subsequently lie announced Max Duckworth, then Woodbury county attorney, .would call a special grand 'jury to investigate law enforcement conditions. Marshall was the first witness. That grand jury returned no indictments but recommended removal proceedings against Henry C. Kublmann, Sioux City public safety commissioner. Kuhlmann and Duckworth both resigned later while ouster actions were, pending against ' them. Hear Many Witnesses. , The May grand jury heard scores of witnesses in sessions which ex. tended with intervals to Sept. 7.. Governor Herring was a witneses for several hours on June 1. The Folk county grand jury in Des Moines in .June, took testimony on bank accounts of Governor Herring, Lieut. "Gov. Nels Kraschel, Attorney Frank. -Comfort and E. J. Feuling, then "democratic state chairman, with -transcript available to the Wood- ;iury county grand, jury. -Â· A July 3 report of the grand jury ', Indicted O'Connor and 22 others and Â· a. July- 13 report carried 45 names. :; In August the state executive Â· council, at Des Moines, decided on an "investigation of the grand jury Â·investigation" after Governor Herring and O'Connor had received a petition from Sioux City residents. Probe Called Off. Â· The investigation was started, 'but called off at the request of the Â·grand jury. Harrison and Maurice . J. Ereen of Fort Dodge conducted -'the short lived investigation of the investigation. The cases of Maley and the other '.defendants involved in the appeals Â·to the supreme court were stayd "..shortly after trial of O'Connor got under way. . The high point of O'Connor's trial .came when Duckworth, whom Havner had listed in testimony notices .is the state's key witness, refused to testify on grounds it might in- Â·. criminate him or hold him up to , public ignominy. Â·" Judge Peters jailed Duckworth .' for contempt of court. The supreme court, however, upheld Duckworth .m his refusal to testify and nullified the contempt charge against struct justice, interference with justice. Joe Gagen, gambling conspiracy. C. W. McNaughton, gambling conspiracy, receiving a bribe. T. L. Taggart, H. G. Scott, C. E. Stevens. J. E. Brennan, Jack Worden Bill Taxler, Sam Kroloff, Frank Comerfield, Phil Dunn, Abe Kroloff gambling conspiracy (two counts each). John Diebert, conspiracy to sell and keep intoxicating liquor, receiving a bribe. Gus Vaginas, conspiracy to permit operation of gambling devices, keeping gambling house, conspiracy to keep gambling house. Narcotics Conspiracy. Tony Curcio, Mrs. Tony Curcio (2), conspiracy to have possession of 'narcotics. Pete Mitchell, Mike Brennan, Frank Pasha, T o n y Pasha, gambling conspiracy and keeping gambling house. Ralph N. "Wax" Nelson, gamb- ing conspiracy, keeping a gambling house. Ike Sherman, conspiracy to permit operation of gambling devices (2); gambling conspiracy, keeping a gambling house. James Pontralo, conspiracy to permit the operation of gambling houses and devices, conspiracy to hae possession of narcotics, conspiracy to permit sale of intoxicating liquor. Nilve V. Luke, Kerby Kerr, conspiracy to permit the sale of intoxicating liquor, receiving a bribe. Â· George' Myers, gambling conspiracy and keeping a gambling house. Robert Kroloff, gambling conspiracy. MARSHALL TEEMS RULING OF HIGH COURT EXPECTED CEDAR RAPIDS, UP) -- Verne Marshall, Cedar Rapids Gazette editor and Pulitzer prize winner, Tuesday termed "expected," the state supreme court action setting aside charges against 31 persons indicted as an outgrowth of his "crusade" against alleged graft and corruption. "If the court believed that either the Gazette or I compensated Special Prosecutor H. M. Havner for his services to the state, it was misled by the defense counsel," he said in a statement. "Havner has not had a single penny in compensation from any source except the Woodbury county board of supervisors. "The Pulitzer award to the Gazette for the most distinguished public service rendered in 1935 by any American newspaper, announced only Monday night at New York, is the answer to anyone who interprets the supreme court ruling as a vindication of the crowd indicted at Sioux City many months ago." Involved in Appeals. ^ Defendants involved in the ap- -peals and charges against , them ' Walter F. Maley, first assistant "ittorney general, gambling conspir- Â· acy,' conspiracy to obstruct justice, "snd interference with justice. ; Ray Harrison, conspiracy to ob- James Norman Hall Returns to Grinnell GRINNELL, UP}--James Norman Hall, co-author of "Mutiny on the Bounty," slipped unobtrusively into Grinnell to visit scenes of his college flays. He was graduated from Grinnell college in 1910. He said he planned to begin his trip home to Tahiti Saturday. EVANS FUNERAL TO BE THURSDAY Beauty of Language Used in Opinions by Hampton Jurist Recalled. HAMPTON -- While arrangements were being made to pay final tributes to Judge William D. Evans, who served the longest of any justice on the state supreme court m :he history of Iowa, at funeral serv- ces at 2 o'clock Thursday afternoon, local residents recalled incidents in the life of the jurist which showed his keen appreciation and evaluation of human nature. The uneral will be conducted by the lev. H. Lee Jacobs and held in ie Congregational church. It was recalled how Judge Evans, who died Monday noon after a short illness due to the infirmities of age, came to Hampton each Sunday to teach the Sunday school class that he was devoted to for many years. Had Beauty of Expression. The command of the English language that marked opinions given ly Judge Evans, who served 26 years on the supreme bench, retiring Dec. 31, 1934, was considered remarkable. One of his opinions, noted for its beauty of expression, was written in 1929 concerning the question whether a radio set is a musical instrument. The majonty held that it is not In a dissenting opinion Justice Evans said: "Music is one of the arts. Like all the -arts it is mysterious in its essence and in its method and in its power over men. Our conception of what it is is not acquired by words. Like Jacob's ladder it extends from earth to heaven--a highway for angelic travel and a line of communication between the terrestrial and the celestial. Music is not the mere production of invented instruments. It has the quality of the eternal, and antedates all human invention. Feeds Souls of Men. "The function of musical instruments is to draw upon the eternal stores and to feed therefrom the hungry souls of men. This conception has support in Holy Writ when the morning stars sang together 'Hosanna to the Highest; Peace on Earth, Good Will to Men.' Such is the Biblical announcement of anthems primeval, tuned to t h e rhythm of the stars and sung by the choir invisible. This conception has its expression in classical liter- I ature as 'the music of the sphere.' " Another incident, in an entirely different vein but revealing and depicting his insight, was recalled of how he delegated the renting of his farm to a neighbor who usually harvested the crop and disposed of it for Judge Evans. One year the hay was put in stacks and the neighbor contracted to have it bailed. Afterwards, the neighbor found the contractor had gutted the stacks and used only the best hay for the bales. Mr. Evans agreed HMi TO T H E 'EQUIOWAN I S Y O U R C f l H H O N I T K *EQ U I O W A N (Pronounced E c k w a -1 - o w a n ) i A contraction of the phrase. Equitable of Iowa Salesman: meaning a trained Me insurance man representing the Eguflakfe life Insurance Company of Iowa . i, . A good man to know. UIOWAN? An Equiowon is a salesman of the Equitable Life Insurance Company of Iowa. He is equipped to bring you sound, sensible Â· ideas about Life Insurance and how it can be used to.attain your financial goal. It will pay'you to take an Equiowan into your, confidence. By frankly telling him your ambitions, he can help you' chart a practical course that will provide financial security for your own old age . . . protection for your wife and children . . . safety for your business enterprise . . . almost any financial safeguard you wish to establish. So listen to his story. You are certain to obtain a new idea or two. And remember . . . the Equiowan in your community represents a company that, since 1867, has been a trusted guardian of estates--a company that today does business in 28 of the most prosperous states of the nation. LIFE 'INSURANCE COMPANY OP IOWA N O W I N I T S S E V E N T I E T H Y E A R Â» Â» Â» I N D E S M O I N E S F. i mum, General Agent 5 0 2 FIRST N A T I O N A L B A N K B U I L D I N G M A S O N C I T Y Â» Â» P h o n e : 684 the contractor did not do right but disagreed with the neighbor that a suit should be started. "Well, I guess we just won't sell him any more hay," was his reply. The philosophy of this story was declared typical of Mr. Evans' attitude toward his home folk. Served Five Terms. Judge Evans' career on the state supreme court bench surpassed that of the late Justices Horace Deemer and Scott Ladd by two years. Be- finning in 1908, when he succeeded he late Justice Charles A. Bishop, le served five consecutive terms, writing more than 2,000 opinions. His first opinion was printed in volume 139 of the Iiwa reports and his last in volume 217, his work running through 78 volumes. He served with 27 judges. On the bench with him during his first term were the late Justices Horace A. Deemer, Scott M. Ladd, Vilas M. Weaver, J.ohn C. Sh'erwin of Mason City and Emlin McClain. While he served the membership of the court was increased from six to nine. WOMAN'S DEATH BLAMED ON FALL Two Men Who Took Her Home Say She Tumbled Down Basement Stairs. DES MOINES, OF) -- Detective Chief Jack Brophy reported Tuesday two men have given police statements that Mamie Simmerman, 37, suffered injuries which caused her death when she fell down the basement stairs of a drug store here. Miss Simmerman was carried to her home early Monday by two men and a woman who left without giving their names to her parents or explaining how she was injured. The men, Joe Murphy, 31, proprietor of the drug store, and Don O'Donnell, 36, came to police after learning of the woman's death late Monday. They said their companion was Mabel Carlson. Brophy said Miss Carlson would be questioned and the statements turned over to Coroner William Carpenter for an inquest. Neither Murphy nor O'Donnell were held. Came to His Store. "Murphy," the inspector explained, "said Miss Simmerman came to his store shortly before midnight Sunday. He said O'Donnell and Miss Carlson were in the store, but after they left Miss Simmerman asked to use the store lavatory. Murphy said he assisted the woman downstairs, then prepared to close the store. He said he saw the woman's head appear in the stairway and then disappear. Murphy claimed he carried the woman upstairs, tried to revive her and then took her to O'Donnell's residence to see if O'Donnell knew who she was. Address in Car. "Later," Brophy said, "O'Donnell and Murphy said they found her address in the car she drove to the store and took her and the car home," Miss Simmerman, taken to a hospital Monday, died of a fractured skull. Efforts to question her proved futile, since she never recovered consciousness. Miss Simmerman was employed as a part time clerk in a downtown department store. She left her home at 3 p. m. Sunday driving a light sedan which she owned. Drove Around City. She picked up a friend, Miss Mabel Ives, and drove around the city, stopping at the homes of several friends. Miss Ives told police she and Miss Simmerman hat "several drinks of whisky and some beer" at friends' homes. The friends separated before midnight at which time Miss Ives said her friend told her "she wa's going right home." CABINET PLANS FRANC DEFENSE French Ministers Reportec in Disagreemet, Fear of Devaluation. PARIS. G?)--Premier Albert Sar raut's coalition cabinet assembled to plan a defense for the franc Tues day with the ministers reported in disagreement and perturbed by a possibility of devaluation. Informed sources said the leftis "people's front," which won a ma jority in the new chamber of depu ties, would face serious problems af ter the chamber meets June 1 ane looked upon depreciation of th franc now as a solution to many difficulties. Although all parties opposed devaluation in the election campaign, many political leaders conceded privately that this action might be necessary for France's economic recovery. Iowa City Man Hurt in Headon Collision of Two Autos Dies CEDAR RAPIDS, ()--LeRoy Fay, 29, of Iowa City, who suffered a fractured neck and other-injuries in a headon automobile collision near Mechanicsville Sunday night, died Monday night in a local hospital. His body was taken to Iowa City. Two other victims of the accident, John Dorow. 38. and Eleanor Potratz, 20, also of Chicago, were brought to a local hospital. Dorow was driving the other car. Fay was riding with J. W. Willard of Iowa City, who was not seriously hurt. FIND RAVISHED BODY OF GIRL, 7 Child Bound and Gagged and Apparently Victim of Strangulation. WATERVTLLE, Maine, CcPJ--The ravished body of Mary Proulx, 7, missing since ' Sunday, was found Tuesday in a clump of alder bushes on the banks of Messalonskee stream. The child had been bound and gagged and apparently died of strangulation. Â· Â· Circumstances of the slaying were virtually the same as those in the unsolved slaying last October of Annie K. Knights, 12, school girl of nearby Fairfield. Twine used to tie the child's hands was smaller than that used in the Knights case but the bow knot was the same, officials said. She had been gagged with a piece of her underclothing. Medical Examiner Napoleon Bisson said the child had been assaulted. : raternity Pin Lost 9 Years Ago Returned to Its Owner in Iowa WORCESTER, Mass., (IP)--An Alpha Tau Omega fraternity pin lost nine years ago by Lyle B. Hill of Guthrie Center, Iowa, has been mailed back to its owner by Detec- ,ive Patrick B. Pendergast. Fendergast located the pin in a Worcester jewelry shop where it had been sold'for gold. A fraternity at Worcester Polytechnic Institute, through the fraternity's national leadquarters, established ownership. Visitor From Minneapolis. SHEFFIELD -- Miss Erma Wilhelm of Minneapolis spent the weekend with her parents, Mr. and Mrs. !. E. Wilhelm. Further Inquiry Planned in Fatal Luverne Crash Triple Funeral Held; Mrs. Look Rites to Be Wednesday. LUVERNE--The coroner's jury planned to meet Tuesday evening to investigate further the accident which occurred 3Vz miles west and a half mile north of Luverne, killing four persons and injuring four others. Triple funeral services were held Tuesday afternoon at the Lutheran church here for Herbert Will and his two daughters, Lois and; Jeanette, who were killed in the accident while the third victim, Mrs. Arthur Look, will be buried after rites Wednesday afternoon 'in the same church. Reports received from Fort Dodge indicated that there was little change in the condition of Shirley Will, baby seriously injured. Harvey and Robert Will were reported recovering and Howard Barton, who was driving the.car for Mrs. Look,^. is all right now. MRS. ARTHUR LOOK Mr. Barton and two survivors of the Will car will be among those questioned at the inquest. The accident occurred Saturday evening at crossroads where vision is unobstructed for a mile. Fog and rain probably had a part as contributory causes, officials said. The accompanying photo of Mrs. Lock, a nurse,.was taken several years ago. Man Decapitated by Train Believed to Be Omaha Resident GLENWOOD, (JP--Coroner Frank Raynor endeavored Tuesday to locate relatives of a man believed to be Francis Schwatka, 28, of Omaha, who was decapitated when he fell beneath the wheels of a Burlington passenger train at Pacific Junction. Given a description of the victim. Marion Schwatka of Omaha said he believed the man was his brother. Raynor said a letter in the man's pocket was addressed to Charles Schwatka at Nashville, Nebr. Charles is the given name of Marion's father, who lives at Nashville. The accident occurred about 10:30 Monday night. Raynor said the man had attempted to board the train. Hartzell Transferred to U. S. Hospital for Defective Delinquents WASHINGTON, CrPJ--The bureau of prisons said Monday that Oscar M. Hartzell, serving sentence for his part in the "Sir Francis Drake estate swindle," had been, transferred from Leavenworth, Kans., penitentiary to the United States hospital for "defective delinquents at Springfield, Mo. QUESTIONING OF KARPIS GOES ON Date of His Arraignment on Four Kidnaping Charges Still Uncertain. ST. PAUL, (ff)--Seeking the trail of accomplices, the federal government Tuesday again questioned Alvin Karpis, public enemy, as authorities continued to hold him in the federal courts building. Karpis bas been subjected to intensive grilling by federal agents since his arrest last Friday at New Orleans. J. Edgar Hoover, chief of the bureau of investigation, said the government was anxious to apprehend and punish everyone who might have harbored Karpis or aided him in his crime career, which includes at least two major kid- napings and murder and bank robbery. Date of arraignment of Karpis on four charges of kidnaping and kidnap conspiracy still was uncertain. District Attorney George F. Sullivan -said he would ask that bail be set at 5400,000--$100,000 on each count--when Karpis is arraigned, which will be as soon as questioning of him is finished. Railroads of East Lower Their Rates WASHINGTON, CSV-A group of large eastern railroads late Monday filed sharply reduced passenger fares with the interstate commerce commission in conformity with a recent commission order, but reserved the right to challenge the legality of the new rates in the courts. Great conqueror: An ordinary fellow whose adrenal grands work too hard.--Cedar Rapids Gazette. "Just Like a Boulevard. dustless roads like these certainly invite travel, don't they! : Taxpayers who support public officials in dustless road programs enjoy'a double benefit--safe, clean and inviting roads plus lower road costs. For Dowflake, in maintaining sufficient moisture in gravel and similar type roads and streets to prevent dust, saves the road surface at the same time. Dowflake costs little per mile and pays its own way. OTHER USES FOR DOWFLAKE Donxflakc is available in convenient moisture-proof bags to control dust on private drives, tennis courts, parking his, fairgrounds, race-tracks, etc See your local dealer or write direct, THE DOW CHEMICAL COMPANY, MIDLAND, MICH. Barton-Warner Company Â« Sioux City--Fort Dodge'