107 Iowa 356 | Iowa | 1899
September 20, 1896, after mortally wounding John Finley, the marshal of Morning Sun, Orman McPherson fled. A few days later the plaintiff saw McPherson’s wife, who promised -to assist him in procuring the arrest of her husband. McPeek obtained McPherson’s pension papers from Keithsburg, 111., for her and she advised him (being in secret correspondence under an assumed name) of having these, and he came to her room at the hotel at Morning Sun, where she was employed as cook, October 22, 1896, at about 10 o’clock p. m. (having so arranged earlier in the evening), and there remained until, between 3 and 4 o’clock the following morning. Before coming in, he gave up his revolvers, and she placed them in a bureau, where they remained during his stay. She had agreed to write to McPeek when she expected her husband, but, if he came unexpectedly, then to telegraph him. At about 7 o’clock p. m. of the twenty-second, she delivered to the defendant’s agent at Morning Sun this telegram: “E. E. McPeek, Winfield. Oome on first train. Answer. M. E. M.”; telling him she wanted it' “sent right away and delivered, and wanted an answer.” Ridge-way, the agent at Winfield, usually closed his office at 6 o’clock, but was ordinarily at the station at about 9 o’clock, lie received the message at 9 :15-o’clock p. m., and carried it to the plaintiff’s house, reaching there at about 9:30. After repeatedly rapping on the door, and being unable to arouse any one, as he says, he placed the message over the door knob, with the end of the envelopejbetween the door and the jamb, where it was found the next day-at between 9 and 10 o’clock a. m. It sefems, the agent supposed the family jyas away from home, and would find it upon their return. They had in fact retired, and all testify that they did not hear the rapping of Ridgeway, or any-noise at the door, and that they would have heard it, had there been any. The only train, carrying passengers, leaving Winfield for Morning Sun, a distance of about twelve miles, left the former place
V. It is suggested that, as the train did not go until 6:06 in the morning, even -if the message had been delivered the plaintiff could not have reached Morning Sun in-time to make the arrest. But the plaintiff had made every arrangement to go by team. This message was understood
Some other matters are discussed, but they are not of sufficient importance to call for special attention. We dis: