The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1893-03-03
STATE VS.. SHEPPARD.
Much Evidence, But None to Show Ex-
actly Where the $4,000 Went
Jury, Testimony, Etc.

" Y x i 4
The case ofJthe State OF South Dakota
VS.. Ed. Sheppard came on for trial In
the circuit court this morning, Judge
Frank r. Aikens presiding. The charge
against Sheppard 10 grand larceny, II be
ing alleged that he abstracted $4,000
from McGillivray Bros. safe at Ramona
during the temporary absence OF N. ID.
McGillivray from the room. The follow
ing jury was empanneled:
Fred Fisher, Andrew Olson, Joel
Smith, Peter Klnmpner, David Williams,
o. 7. Thompson, Geo. Dirran, John
Anderson, John Schnell. Fred Palmer,
Abrim Nelson, VIM. Metcalf.
N. D. McGillivray sworn: Reside at
Ramona; have known Sheppard for ten
years. Am partner in the Ramona busi-
ness; was present in the store Saturday,
December 8, last; was in the store at 5
p. M; defendant was there. We re-
ceived money after noon. 1t came direct
to US.
M. j. McGillivray sworn: Reside at
Madison. Am member OF the firm at
Ramona; our firm pays for w. w. Car
gill & Co. OF Lacrosse and Madison
Elevator Co. know about this $4,000
in question; 1T was w. w. Cargill 4 Co.'S.
money.
Cross examination: was not at Ra-
mona December 8; had no personal
knowledge OF the money received that
day
| NJ. d. McGillivray, sworn: reside at
Ramona. Am member Of the Nc.
Ghlivray firm. know OF package OF
money received by McGillivray Bros. on
train from north Dec. 3. 1892; the
money belonged to Cargill & CO.; /
received money from express Office and
carried it to the store and placed it in
the safe.
i Cross examination: I receipted for
money to the express company.
i N. ID. McGillivray recalled: was mis-
taken in saying the fmoney belonged to
the McGillivray Bros. Calvin came in
and asked il we had got any money
from Cargill & Co. / said we had. |
Counted it and put it in the safe. !
locked the drawer. Mr.. Calvin went
out. A boy came in for cider;
IL had occasion to 60 into the
rear room; / left the key in the cash
drawer; closed the safe door. PRO
duced diagram Of store on day when
this matter occurred.) Sheppard was
their after Calvin went out. / was
alone until my brother came back. We
were alone about half an hour. was
: preparing to come to Madison. He sat
J in chair between stove and safe reading
newspaper.
Redirect: From where Mr.. Sheppard
sat to the safe was six feet. He was
alone once about Ave minutes. l was in
the back room. Had put money in the
safe before. Mr.. Sheppard was present
when counted the money and put it in
the safe. Mr.. CALVIN was there part ol
the time. / left the store about $50 and
came TO Madison. ! went to supper be-
fore starting. Sheppard went, up for 9
horse. Came to Madison in buggy
with Sheppard. Stopped at Sheppard's
: house on the way. He went in and ]
staid in buggy. Sheppard's father came
out and talked awhile. Then Ed Shep
pard came out and we came
to Madison and put up horse al
livery barn. We went to hotel. FRS,
heard money was missing next day
Went back to Ramona Sunday night
Went to the safe and examined the
place. Saw the package was gone
Think I found key in cash drawer. ]
! left that money in safe when I left the
store building to come to Madison.
had not taken it out. Saw no one elss
! take it. Gave no one authority to taks
it out
Cross examination: 1 did not take
I package of money from safe before
| left the store. Had other money. Die
not 60 to safe for it. Got it from casf
drawer on north side of store. I hae
) about $500 in all; about half OF it bills
: Did not take it from safe, I remembe
: distinctly. did not go to safe just be
: fore / left the store. The money / hat
was taken in during the week. w,
carry the money on our person at night
put it back in the money drawer in th
morning. Cargill's money we keep il
) safe. Safe has double doors. Did no
, usually keep srfe locked. We do now
Was in store all that week closing Dec
ember 3, Saturday night. Some times
, one and some times the other carried tn,
store money in our pockets at nigh,
t Was at Mr.. Sheppard's Wednesday nigh
0 after the affair but did not say the onl
. time Ed could have got that money wa
: when / went to get cork to put in jug Q
: cider Nor do think stated 30 to M
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