The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1897-05-06


All of the new jurors we're present at
II O'Clock. Two of them, q. B. Fer
rim and John Gimmer, we're excused
on account of old age and sickness, af-
ter which the examination commenced.
The jury was still three times one
when court adjourned for dinner.
The attorneys on either side we're
about as vigilant as cat watching
mouse in the afternoon. Both sides
seemed to have scanned the list of
names on the special venire, and
marked out what side such and such
a man would befriend, or whether the
juror would be perfectly fair. They
went over the same ground several
times with each man called, and it re-
quired % pulls out of the box by
Clerk Warner before the twelve good
men and true were decided upon.
The nine selected during the afternoon
session were j. E. Poncin of Sherman,
VIM. Vischstadt of New Avon, Frank
Notion of Vail, Henry Schurman of
Redwood Falls township, T. L. Hiatt
and II. NJ. Pless of Paxton, G. Hauptli
of New Avon, Joseph Sims of Kintire
and G. E. Walters of Redwood Falls
township. The jury, as made up, was
certainly queer one from the stand
point of stature and age. There were
jurors on the list we'll along in years,
tall and stately, and there were other
jurors as young as the law would al
low, short and stumpy in stature. The
ages were extreme, going from youth
to advanced age.
County Attorney Clague opened the
case for the State. He said that the
State expected to show that Stillman
Pollard delivered to 0. B. Turrell,
personally at the Citizens Bank, $40,
as a deposit, and that Mr.. Turrell
credited the same on the books of the
bank as deposit; that at that time
Mr.. Turrell knew that the bank was
unsafe and insolvent, and five days
afterwards the bank assigned; the
State expected to show that the bank
was insolyent months and months
previous to its suspension; that it was
hopelessly insolvent, all known to Mr.
Turrell, who wilfully and deliberately
accepted the deposit from Mr.. Pollard
knowing that the bank was insolvent
at the time.
The first witness called was Regis
ter of Deeds Cobleigh. He produced
the record showing the articles of in
corporation of the bank, which went
in after an objection was overruled.
Here Mr.. Somerville objected to any
and all evidence being offered at that
time on the ground that the indict-
ment failed to constitute facts to state
a public offense. He then argued his
motion, bringing out the point that at
the end of the indictment there we're
the words that che knew, or had good
reason to know" that the bank was
then insolvent. Mr.. Somerville con-
tended that the conjunction cor" set
up two charges, which is not permitted
by the law. He cited various cases to
prove that two charges we're made by
the sentence divided by "or,' and
hence dismissal was in order. With
out going into the merits of the ques-
ton raised Judge Webber overruled
the motion on the ground that if such
thing did exist it should have been
brought out on demurrer. An excep-
tion to the ruling was taken.
F. w. Philbrick was called. He ad-
mitted having been an officer in the
bank prior to its suspension and iden-
titled bank record book, containing
the minutes of the various meetings
of the stockholders and directors.
Mr.. Clague attempted to have him
point out the record showing the cleo
tion of Mr. Turrell as cashier in July,
1894. This could not be done be-
cause the minutes of the meeting we're
obscure, being dated merely "July TO-"
no year, and failing to state who pre-