The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-12-12

marked that judgments were warped,
and that men grew vindictive when
thew suffered in purse. Could any one
saw. with all the multitude of ldehJIH-
cations before the court, that William
Bickel had ever taken dollar that dld
not belong to him? The notes had
been in the hands of a receiver for six
months before the Indictment was
found. 1t was not possible. under the
showing made by the state that Mr..
RickeI was guilty of anything more
serious than mere technical embezzle-
ment. Why should the county at
torneys Office have pursued him so re-
lertlessly? He did not believe in taxi
ing away the liberty of a man for any
such acts as related here in court. The
defense had little to offer, and, what
ever the conclusion reached, counsel
felt sure that it would be the eonclu-
sion of honest, broad-minded men.
If any one in the court room had i'm
agined that the defense would call
many witnesses and prolong the taking
of testimony that man was much mis-
taken.
The defense first called Mr.. Heinlein to the
stand and showed him states exhibit 126,
page II, being an account between the Min
nesota Savings and the Allemannia bank,
through which bank the Minnesota Savings
bank had done its clearings. Mr.. Hein1ein
knew the account.
The last entry on the account was OHereQ
to show that the Minnesota Savings bank
owed the Allemannia bank $500 and that
the checks that went through the clearing
house were never paid. .s .>
Mr.. Anderson objected that the offer had
no bearing on the case whatever. The CHECKS,
said Mr.. Anderson, were nevertheless paid
as between Mr.. Bickel and the Minnesota
Savings bank, and this could not. be dis
proved by the account offered. The Ale MAMMA
bank had allowed the. Savings bank to clear
through it, and this entry meant nothing
Judge Lewis-I think I will sustain the
The states exhibit A. being the 'Mitsch
check for $500, was shown the witness, and
Mr. Anderson remarking that it was now
his turn to oh. ~ entered an objection.
Mr.. Butler salu that he proposed to show
$500 in currency and had paid the note. The
state. he said was basing its case on tech
nicalities alone. On these shameful techni-
calities the state asked that Mr.. Bickel go
Mr.. Anderson-The state will. never ask
that Bickel go to the penitentiary as thief
stealing for a moment from the bank is
stealing. The question was did Bickel draw
that Mitsch check when he had no funds.
What if Mitsch did later pay the amount in
to the bank that~had nothing to do with the
charge of larceny.
May it not have some bearing on the
matter?" asked the court.
The county attorney thought not.
The court thought Heinlein might answer
and he answered that he thought that it
had been returned.
"When?"
He could not tell. 1t had been returned
in bills-returned to him as cash and had
remained in the bank.
On cross examination he was shown slips
which indicated that the amount had been
charged on Bickel's account. He could not
tell what day the note was paid, nor had he
any recollection that Mitsch was in the bank
in December 1896. The $500 had been handed
to him by Mr.. Bickel and he had been told
that Mr.. Mitsch had paid it.
On request Of the county attorney, the
testimony stricken out as hearsay. That
he had received the amount from Biekel was
allowed to stand on the record.
Mr.. Mitsch was called. He testified that
he had paid the note. He asked whether
he had told Mr.. Anderson as much. and said
that he had.
Mr.. Butler remarked with acerbity that no
one wanted Mr.. Bickel prosecuted, excepting
only the county attorney. No citizen in the
city was willing to stand sponsor for this
prosecution. .-
Mr.. Butler then called County Attorney
Anderson to the stand.
Witness was asked whether or not he had
hunted himself for the slips and checks.
Mr.. Anderson said he had not made spe-
cial search himself.
He was asked with some severity about
slip containing memoranda of interest paid
on the Lahr note, which he had unpinned
from the note.
He had unpinned it, not thinking it impor
tant and had given it back to Mr.. Sheehan's
clerk HYDE on being asked for 1t.
The defense rested here.