The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1896-11-19

"Shake," said Judge Baldwin, reach
ing his hand across the table, and the
next man, E.. II. Blanchard of Morgan,
was called. He was the seventh juror
accepted. j. W. Fraser was called but
was challenged for actual bias and the
challenge was admitted. w. L. White
ly was the next man called and was
the eighth juror accepted. B. F. Fix
en- of Vail, didn't know anything about
the case, had read or heard little about
it, and was accepted as the ninth juror.
Lewis Holznagel of Charlstown, was
challenged for actual bias and the
challenge was admitted.
j. H. Peters was challenged for
actual bias and the defense admitted
the challenge. U. H. Bergen met
with the same fate, and D. w. Banker
was excused on account of having
been on the grand jnry at the time
that the indictment was found. Free
man G. Olsen was challenged for actual
bias, on account of having been in the
employ of F. w. Philbrick, and hear
ing Mr.. Philbrick talk about the case.
The challenge was admitted as was
also similar challenge on Henry
Winter, who had formed an opinion.
The State challenged Chas. G.. John
son peremptorily on account of his
connections with the defense. Lars
Walter was challenged for actual bias
and after tussle over the question the
challenge was admitted. The regular
panel was here exhausted and tales
men we're called for. John McPhee
was the first talesman called. He was
challenged for actual bias, and after a
great deal of wrangling Judge Web
ber found the challenge true. The
same challenge was admitted on John
Whittet. w. F. Baker was next called.
He had read about the case in The
GAZETTE, but he did not believe what
he had read, and it left no impression
on his mind. Mr.. Baker was accepted
as the tenth juror.
It was 1:a5 in the afternoon when
the probing for the other two jurors
began. VIM. Post was the first man
called, and he was accepted after very
little probing. J. A. McGettrick was
the second talesman called during the
afternoon, but he had an opinion and
and was excused. j. P. Schmidt was
peremptorily challenged by the de-
Tense and James Hemphell was called.
He was excused for actual bias. Wm.
Burch was called and excused for the
same reason.
Levi Truesdell was challenged per-
emtorily and Jas. Burgess was called
on account of still being a resident of
North Dakota. R. G.. Rogers of Delhi,
was excused because he had an opin-
ion that it would take evidence to
change. A. H. Moon was alright to
both sides and he was chosen as the
twelfth juror, at just 2:22 p. m. when
United States Senator Davis walked
into the court room, unattended, and
bowed to the court, and walked up tc
the group of attorneys for the defense
Attorney Clague opened the case
for the prosecution, first reading the
indictment, and then stating that the
State proposed to show that Mr.. Tur.
rell had full charge of the bank-that
he took or borrowed the money from
the bank and used it for his own per.
sonal benefit. He said that great dea.
of the evidence would be technical
but that the giving of a promissory note
by Mr.. Turrell was an admission that
the money was so taken. Mr.. Clague
also said that the State would prove
that the insolvency OF the bank was
due to Mr.. Turrell having taken the
money. A recess of ten minutes fol
lowed the opening of the case in order
to give the attorneys for the defense 6
chance for conference.
Geo. L. Evans was the first witness
called for the State. The State offer
ed record to show the corporate ex
istence of the bank. Senator Davis
objected on the ground that the in
dictment did not show a corporate ex
istence. This was over-ruled and ar
exception taken. Then Senator Davis
offered another objection on tht