The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-04-08

that he. Conroy, was not to pay the
note.
The COURT reminded Mr.. Donnelly
that he had ruled as to the specific
statement by Conroy that 1t was agreed
ne should not pay the note, but that
Conroy's testimony to the effect that
he was acting as an agent of Chapel
in accepting the latter's check for 5000
and in giving his note in return, for the
purpose of handing the check over to
Vandiver, would be allowed to stand
Mr. Donnelly next moved that the
court direct a verdict for the plaintiff.
Judge Willis denied the motion.
Here the defense rested.
Mr.. DonneHy at once placed ex-
Sheriff ChapelG on the stand. After
few preliminary questions, Mr. Don
nelly put the following query:
Did you ever procure Conroy as
your agent tokpay j. S. Vandiver this
money or any lother?"
mo, sir, did not was the en-
phatic response!
Explain the nature of this trans
action to the court and jury"
''All there is to it is this" proceeded
Mr.. Chapel. "Conroy came to me and
asked me to loan Vandiver some money
$500. told Conroy / wouldn't loan
any money to Vandiver. Vandiver al
ready owed me money and had pre-
viously asked me to loan him more.
Conroy approached me two or three
times with the same request. / told
him l ought not to loan Van money
as he already owed me. Vandiver was
formerly in my employ as a deputy
sheriff. but / let him out.
ION March 10, 1894" continued Mr..
Chapel, 'Conroy called at my office on
the same matter. He told me that If
he had any money, he would loan 1t to
'Van,' Whereupon I said to him: If you
want 5000 you can have it. Then l
gave him check for 5000 and he gave
me his note in return for the same
amount payable four months from
date
Asked whether he knew of the news
paper, the ST. Paul Review, run by
Fandiver, Mr., Chapel replied:
II might have known Of it, but 1
never knew of any abusive articles in
it concerning myself.
You had had trouble with .Vandiver,
hadn't your" inquired Mr.. Townley, on
cross examination. =l,ntr.,.-t .s-
II allowed him to resign from my
force Of deputy -sAeriffs, if you call
that trouble" answered the ex-sheriff.
Didn't he perform some valuable
| service for you in lobbying through the
legislature of 1893 the repeal of the
bill putting your office on a salary ba-
sis 2"
The question was ruled out
Didn't you instruct Conroy to give
that 5000 to Vandiver?"
mo sir
Don't you know that Vandiver got
this money!"
mo sir, 1 dDnt know"
Didn't you tell Van you wanted his
support in 1S94?p2
mo SIR
This concludedI the examination Of
Mr.. Chapel His attorney offered in
evidence all the issues of the ST. Paul
Review from Feb. 10 1894, to May 49,
1894, that being the period that the
paper was under the control of J. S.
VandiVer. These were offered for the
purpose Of showing that not a single
issue contained any criticism of Sheriff
Chapel
Mr. Donnelly then recalled Mr.. Chap
ell and asked the question:
Did Mr.. Conroy say anything to
you at the time he gave you thenote,
about paying it?'
He did. He said; L will pay it,
| too"
"When?" inquired Mr. Townley
when it was due" retorted Mr.
Chapel
That was your presumption, you
mean?'
Yes SIR
Mr. Townley then recalled Mr.. Con-
lOy anu dSASU HILL,
did you hear MIR. Chapeps testi-
mony just now?'' sic.--
Yes SIR .ts =r'-
did you tell him what he says you
did?''
asstI never cpr0nfisesf ctocpagi that note,'
| declared Conroy.loThat closed the tes-
timony, whereupon the court took a
| recess for fifteen minutes.
After the recess, Mr. FTownley began
hiS summing I'D. Mr. DonnAlIV fol-
lowed. Both lawyers excoriated Van
diver. After a brief charge from the
court, the jury retired at 4:40 p. M.
Half an hour later they came into
court with a verdict for the plaintiff
in the sum of $23955, the additional
1885 being the interest at per cent
from the date Of the maturity of the
note
Mr.. Conroy will ask for a new trial
on the ground that his witness, ]. S.
Vandiver, was not present to testify.