Omaha daily bee., 1896-01-29
WAS THIS TRIAL NEEDED
Dickergcn's Attorneys Insist that tie Whole
Proceeding is Illegal.
GltNwooO VERDICT SETTLES THE CASE
Defense Sets Up that the state Has
Had Its Day and Lost on TIE
Issues Now Before
the Jury.

| Nearly the entire day was consumed in
the Dickcrrcn case yesterday in the argument
Of law point as to whether the Glenwood
trial of the defendant constitutes bar to
the present proceeding.
When the case was first called for trial
the defense offered a demurrer to the indict
ment on the ground that it was practically
tho same as the one under which Mr.. Dicker-
son was tried and acquitted at Glenwood last
June. The argument Of the matter was
deferred from time to time, and was only
| taken up yesterday after the close of the
| states case and the examination by both
! the defense and the state Of the defendant
| Isaac Dickerson. Judge Smith expressed a
willingness to hear arguments on the claim
| of the Defense and the work was commenced
| yesterday morning
| Colonel Daley opened the argument for
the defense. He took the position that the
Glenwood trial was 6 bar to the present
| prosecution for two reasons. that this trial
would be a violation of the constitutional
| provision that citizen should not be placed
in Jeopardy twice for the sume offense, ann
| for the further reason that the Glenwood
trial was complete adjudication OF the
case, and that the verdict Of acquittal was
a VGr0Ct on dll Vi tuC lhatSiioi poi"'~
charged in the indictment.
| Colonel Mcpherson took up the second fea-
ture of the defense and argued 1t at some
length to the court. c. M. Harl maze
lengthy argument for the state, and both
| sides cited a large NUMBER OF authoiilies
| bearing on the case.
DICKERSON'S SONS TESTIFY
It was 5 o'clock when the argument of the
law proposition was concluded and then the
| examination of witnesses was continued. f.
| j. Dickerson was called and directly contra
dicted the evidence of two OF the states VIII
nesses. F. r. Wlbern, the man who sold
| the hogs and got balance Of $40 in deal
with Isaac and z. J. Dickerson, swore for
! the state that he was in the office of I. G.
| e. j. Dickerson on October 2S, 1893. and that
Isaac Dickerson told e. J. Dickerson not to
write check on the Cass County bank that
day, as the bank was in hard lines. Wilbern
was positive of the date and could not be
mistaken. When the defense was called
| Isaac Dckerson testified that he was in
| Chicago on that date and another witness
testified that he saw Isaac Dickerson in Chi
| cago on that date e. j. Dickerson testi
| fed that both he and his father were in Chi
| cago that day and he gave number of
| facts that served to call his attention and fly
| his memory as to the exact date. One of
| the incidents was the assassination Of Carter
Harrison, which occurred while the witness
and his father were in Chicago.
F. S. Crawford, an Atlantic newspaper
man, testified for the state that he called on
| Isaac Dickerson on the morning after the
| bank failed and Isaac Dickerson told him
| that he had known all along that the bank
| was in hard lines, and that he had been in
| favor of closing the doors of the institution
| six months before the date of the failure.
| e. ]. Dickerson testified that he in the
| office and sat within few feet of his fathers
| desk when Crawford called and talked about
| the failure of the bank. He heard all of
| the conversation and repeated good deal
1 of TJa tod hat hic OF haI
| to Crawford that the bank had been hard
pushed for some time and that he had urged
the closing of it some months before.
A. W. Dickerson the cashier of the broken
| bank, was called to the witness stand. He
| testified that he had heard the testimony
| Of j. G. Yetzer He said that such meet
| ing was ever held as the one in which Yet
| zer said that the witness and Isaac Dckerson
and Yetzer talked over the proposed sur,
render of the banks charter and that A. w.
| Dickerson had said that his father could vote
| the Cooper stock and that he would fix the
] publication of the notice in the newspapers.
| He denied emphatcally that Yetzers evil
dence on these points contained one iota of
| truth.
THAT NOTICE OF DISSOLUTION.
| The witnes, also explained the notice of
dissolution of the corporation of the bank
| as state institution which was prepared
| for the state auditor November 16 1892
| He said he had prepared that notice him
sell and mad submitted 1t to YetZer and the
| state bank examiner, Mr.. Copeland, but had
| not shown it to his father. He said that the
| day Copeland was at Atlantic his father
| and Yetzer came. into the bank together.
His father remained but few minutes and
| went out. YetZer went out little later
| and Copeland went away for lunch and
came back some time before 1 O'Clock The
| witness said that he had written the notice
| during the absence of the bank examiner
and showed it to him when he returned.
| Mr.. Copeland approved the notice, and then
the witness showed it to Yetzer, who also
approved it.
The cross-examination by Mr.. Harl did not
produce any change in the evidence, and
with the completion of A. w. Dickerson's
| testimony an adjournment was taken until
| today.