St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-11-13
IT WAS A SURPRISE.
Draper Pere Turned Up Yes
terday in the Stensgaard
Case.
Henry Johns Delicately
Touches Up the County
Attorney.
Writing Experts Who Talk
Chilly on the Witness
Stand
Fall Into a Trap Cleverly
Laid by a Smart
Lawyer.

witnesses examined in the Stensgaard
case yesterday. The prosecution intro
duced six witnesses, each OF whom
thoroughly analysed the signature TO
the forged deed. AL of the witnesses
expressed the opinion that the sigma
ture was written by the same person
who wrote "Angust Uihlein" in the
body of the deed. But two of the ex-
perts went further and stated that the
name "Uihleln" in the Endorsement was
written by the same person who forged
the deed. This statement was sufficient
to make their testimony valueless
to the prosecution, because the
name .Uihlein'' i'm the Endorsement
was written by Lawyer Willis 1t was
written by the lawyer for the purpose of
catching" some of the states expects.
Four of the witnesses, however. pro-
nounced the Endorsement diSsimilar to
the forged signature and the body of the
deed. One witness said that the sigma
ture and the name august Uihlein" in
the body of the deed ''were similar. eX-
cept where they differed" The experts
examined were Col. Bend, f. A. Sey-
mour, ID. A. Monfort, George j. Miller,
William Becker and Prof. Beardsley. .
In the afternoon Mr.. Johns availed
himself of an opportunity to "roast"
the prosecuting attorney. When ME-.
Egan rested his case, the light-haired
lawyer on the other side arose and said:
.Your honor will remember that as
witnesses to this deed the names of two
Diapers are signed. The records Of the
court will show that both l.. Ii. Draper,
the father, and f. l.. Draper, the son,
were examined as witnesses at the pre-
liminary trial. They are important wit
neSSes in this case, inaSmuch as they
witnessed the signature to this deed,
which the state charges to have been
forged. We now move that the court
order and direct the state to produce
the two Diapers and take their testi-
mony before it claims conviction. The
state cannot claim conviction until 1T
either produces these witnesses or salts
factorily explains their absence. In
this point we are supported by the best
of authorities"
Here Mr.. Johns read number of au-
thorities in support of the ground he
had taken.
why is it." continued Mr.. Johns,
''that this man, +. l.. Draper. is allowed
to leave the state? Why is it he is not
held with Louis T. Stensgaard on a
charge of forgery? The theory of the
prosecution IN this case is that Draper
is actually the man who committed the
forgery. The states attorney took the
same ground at the preliminary trial,
Draper was the IOrger, according to the
testimony introduced by the state. Yet
the state failed to hold this man Draper
for forgery. 1t held him on another
charge and placed his bail at $1,000.
While they looked upon Draper as the
real forger they allowed him his free
dom on $1,000 bail. And in the face OF
all this they fix the bail of Louis L.
Stensgaard, who is not charged with
forging. but of uttering the deed, at ST.
000. 1t is not the duty of the states attOr-
ney to convict every one who is charged
with Il crime. 1t is his duty to acquit il
he can and convict if he must. If he
can find any evidence to show the in
nOcence of prisoner, ir is his duty to
produce it. He has no right to sup
press anything. He is the servant of the
people, and tits his duty to acquit the in,
nocent as well as to convict the guilty.
He is not plaintiffs attorney, hired to
display his shrewdness IN the practice OF
law. l move. your honor. that the state
be ordered to produce the Diapers be-
fore it claims conviction"
Judge Brill promptly overruled the
motion and the defense noted an eXcep
ton.
No sooner had Judge Brill overruled
Mr.. Johns motion than l.. 81. Draper
the father of the alleged fOrger, stepped
into the couri room. The elder Draper
disappeared several months ago with hi:
son, and his appearance in court yester
day was surprise to everyone. I'm
mediately after Mr.. Draper entered the
room, Mr. Johns arose and said:
"Inasmuch as your honor has over
ruled our motion to compel the proSecu
ton to produce the Diapers. allow me
on behalf of the defense. to tender tt
the prosecution most important wit
ness-L. II. Draper. The gentleman
is, at present, in the ROOM"
''The state rests it's case" hoWleG
Mr.. Egan.
The adjournment was then taken oyel
to this morning.