The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1896-05-21
n the ground that the State had to-

on the ground that the State had to-
tally failed to make out case. He
contended that there was no proof
that the bank had been defrauded, sc
far as the defendant was concerned
The only evidence against him was
his own confession and the books
The attorney said the credit given to
Huntington was not an evidence OF
the crime; that there was no evidence
that Turrell handed Huntington the
credit slip. He thought that the
Neale note was given to the defend
ant personally and consequently he
had right to pocket it. Attorney
Clague rebutted the statements Of
Mr.. Somerville, and Judge Weber
denied the motion to dismiss.
The defense waived it's opening of
its side of the case and called upon F.
W. Philbrick, j. A. SchmahI, Dwight
Bissell, O. w. Mcmillan, F. E. Ring,
and Ben. Wolf, all of whom testified
that the reputation of R. A. Turrell
for truth and veracity in this commun-
ity, prior to the bank trouble, was
good. Following the evidence of
these parties the defense moved that
the jury be instructed to return a YER
dict for the defendant. This motion
was denied.
Mr.. Clague summed up for the
State. He admitted that they could
not prove the entire $1,000 stolen, but
said that if an amount over $500 was
proven stolen the State was entitled
to verdict. He said that over $500
was at least accounted for as being
stolen. Mr.. Clague reviewed the facts
carefully, speaking about 40 minutes.
Judge Baldwin followed for the de-
Tense. He contended that the directors
we're responsible for the affairs of the
bank. He pointed out that the di-
rectors we're shrewd men, who loaned
out such large sums to farmers, that
in June, 1893, they were obliged to
temporarily suspend. After the June
1898 suspension, he said, the directors
reopened the bank and declared to
the world that everything was alright.
Judge Baldwin talked for II hours
and made some startling statements
against the prosecutors of the case.
1t was just ST o'clock when Judge
Weber commenced to charge the
jury. He outlined the charge con-
tanning the indictment and told the
jury that if Turrell appropriated more
than $500 it would be grand larceny
in the first degree, if less than $500
the jury might bring in verdict of
grand larceny in the second degree,
for which the punishment is less. If
the jury found that Turrell appropri-
ated any money of the bank it must
find him guilty, he said. He told the
jurors that they had right to con-
slider the Encouragement of the bank
and that it should have it's weight, but
the fact that the bank was mis-
managed should be no reason why
Turrell should not be declared guilty
if the jury so found him. Judge
Weber informed the jury that Tur-
relps alleged confession to the d.
rectors would not be in evidence un-
less there we're other facts to bear it
out-facts of record. He said that
the mere placing of money to the
credit of W. P Huntington did
not constitute a crime, but if the
defendant placed the credit to Mr.
Huntington ana the money was paid
out it constituted larceny. The char
acter of the defendant prior to the
bank trouble, he told the jury, to con
slider, but cautioned them that man OF
good character had no more right to
go UNPUBLISHED for a crime than a
man of bad character, and that a good
character, if crime was proved, con
stituted no defense.
The case went to the jury at just
$40 o'clock.
After remaining out all night the
jury ia the R. A.Turrell case returned
a verdict of guilty of grand larceny
in the first degree, as charged in the
indictment, at 5 o'clock Friday morn
ing.
The jury decided that the amount
embezzled was $1195.
It arrived at verdict at 4 80, on
the fifth ballot. The first ballot stood