Iowa
Old Press
THE PIONEER
West Union, Fayette Co., Iowa
Monday, March 21, 1859
Page 2 column 2
THE BOUND SET FREE
On Thursday last, the Sheriff of Bremer county was
brought before Hon. E.H. Williams, at this place, to answer why
he restrained Andrew Sample of his liberty, at Waverly, in Bremer
county. The facts in the case are about as follows:
Sample was arrested and examined before A.J. Felt, a Justice of
the Peace, at Bradford, Chickasaw county, on the charge of
obtaining money by false pretenses, and on refusing to give bail
was put into the hands of J.G. Ellis, the Sheriff above alluded
to. Sample sued out a writ, alleging that the imprisonment was
illegal for the following, among other causes: "Sample
applied for a change if venue, which was denied him; and that the
evidence was not sufficient to warrant the conclusion that he was
guilty of crime."
The decision was, that in all preliminary examinations, no change
of venues can be allowed.
On the second point, no witness appearing for the prosecution,
the defendant was discharged.
The Attorneys in the case were Milo McGlathery, District
Attorney, for the Sheriff, and R.G. Reniger and I.W. Card, of St.
Charles, R. Noble of McGregor, and last, though not least in
intellect and ability, L.L. Ainsworth, of West Union, for the
prisoner.
[transcribed by C.D., December 2017]