The Portland daily press., 1897-12-09

'e' TOLD Of the sales of milk to Hy-
80 VINO had told the witness that he
NJ Dhe milk for himself.
men Miss johnson was called. She is
inc daughter of Loren johnson and rides
AOo .o"n mornings with her father. She
81" 'us sales made to HybeEts and kept
''ooouhs OF them. Hyherts told her he
was ouylng this milk for himself.
~ oefts took the stand to say that he
a4u NOT Understand the question when he
uoniea that the signature of the three
ofHs shown was his. He admitted that
he receipted the bills.
Inc defence rested, and Mr.. Allan called
MISS Ella Hansen to testify in rebuttal.
MISS Hansen said that her mother had
'oiu Hyberts that she should give the
oiiis to lawyer for collection, whereup-
on said Miss Hansen, Christian acted
very rude around the house and did not
'rest us with the respect due to US.
IN cross examination Miss Hansen said
mat Hyberts showed by his actions that
ne Old not like the prospect of having the
pAiis given to collector. He acted cross
ana was not pleasant until the bills were
nnally given to him.
MISS Marie Hansen, an older daughter
OF Mrs. Hansen, was then called, and
Mr. Allan asked her to examine three
Oils and compare them with the entries
IN ner books. This brought out an OBJ
Jeotlon similar to that previously raised,
CHS
saying that the introduction of the evil
dence for any other purpose than to show
fraudulent intent in this case might tend
TO convict the respondent of an effense
other than that charged in the complaint.
II the bills were to be used to show
fraadulens intent they could be introduced
only at q time after the fact of Mrs.
Hansen's ownership of the money had
been shown.
Miss Hansen then was asked about the
conversation between her mother and Hy-
oerts, in which Hyberts was told that
MATS Hansen proposed to put the bills
IN the hands of collector. Hyberts
seemed SO angry about it that Mrs. Han
sen finally relenbed and gave Hyberts the
bills.
Ernest Grouse, IA year old boy who
lives with Mrs. Hansen, and has beeni n
the habit of riding on the team with Hy-
berts, was asked by Mr.. Allan as to his
recollection of the milk he carried to
the house of Mr.. McGregor
The counsel on both sides spoke at CON
siderable length in arguing the case.
Judge Robinson in rendering his de-
oision said that the evidence against Hy-
berts was of his own making. He did
not deny that he gave the receipts, but
attempted to justify them by the de-
fence that he was engaged In private en-
terprise. This being so the burden was
certainly on the respondent to prove it.
This was case in which the court decid-
ed that the respondent was guilty only
with great reluctance. The impression
made on the mind of the judge by the
defence did not lead him to believe that
the defendant was innocent. The State
had not absolutely demonstrated It's side
of the case, but the Judge thought that
it had done SO to degree beyond rea.
sonable doubt. He accordingly found the
respondent guilty, and fined him ten
dollars and costs.
Mr.. Chase gave notice of an appeal and
bail was furnished in the sum of 5000.
|, At the forenoon session of the court
minor business was disposed of as fol-
lows:
Edwin Macomber for intoxication, was
given ten days in Jail.
BARLEY Mulkern. common drunkard,
got go days in jail.
William McBrady was arraigned for an
assault on Patrick O'Connor. and the
case was continued until Friday, as
O'Connor was stated to be unable to
appear.
In the case of Joel Leighton, Agent
Perry, Of the Society for the Protection
Of Animals, stated that Leighton had not
dono AS directed. Leighton made an ex-
PLANTATION which did not satisfy the court.
and was fined $40 and costs.