The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1897-11-19
TRAIN, DIDN'T START
KERsHAw IS NOT GUILTY.

kssEtRSHAW is NOT GUILTY.
Such Was the Decision of the Twelve Men
on the Jury.
After being confined in the county
Jail for, triAe over. two months, await.
ing his trial in the circuit court charg-
cd with having received stolen proper
" Ralph Kershaw was discharged from
custody Thursday evening, the jury in.
the case finding him not guilty accord
ing to the evidence as presented BY the
state.
The alleged crime with which Mr..
Kersbaw was charged occurred on the
night Of December 26, 1896, and at that
time Herman Voege, the chief witness
in the case for the prosecution, was in
the employ Of Mr.. Kershaw and gave;
practically all the evidence which.
tended to convict the defendant. The
testimony Mr.. Voege gave at the trial
WAS to the effect that on the night in
question Steve McDernaid brought in
two sheep to Kersbaw's meat market
and he (Voege) killed the animals and
later, at the request OF Mr.. Kershsw,
hid the two pelts in q barrel. The fol-
lowing Monday Sheriff Cook and G.
W. Walrath, from whom the sheep
were stolen or claimed to be, interroga-
ted Voege concerning the sheep then
hanging on, the rack in the mark
ct, and he claimed that they were
killed several days before Satur
day, and on this point in the differ
ence of time as to when the sheep were
killed Attorney Spangler went after
him pretty hard in the cross examina-
tion, making strong point in the
minds of the jury as to the truthfulness
of the witness This fact, as stated by
one sf the jurors, weakened the case OF
the prosecution to large degree. The
defense endeavored to show that when
Voege left the employ of Kershaw that
he held grudge against him and had
two witnesses to prove that Voege do.
clared he would geteven with him. C.E
Reeves, q witness for the defense. gave
evidence concerning some sheep he
sold the defendant during the month oi
| December. N cross ss-examining him
Mr.. Winsor brought in the carcasses o.
two sheep and hung them up before The
jury asking the witness as to the differ
ence between eve and wether aftel
being dressed.
1 Neither the prosecution or the de
1 tense left q stone unturned which would
lead to the conviction or the acqultta
OF the defendant. Mr.. Winsor made
the opening argument and summed vi
his evidence produced very carefully
and made q strong, speech to the jury
Messers. Spangler and Good Ykoont
made particularly strong pleas in be
half of their client, covering thei
ground fully and seemed to make
favorable impression on the jury. Botl
gentlemen are to be congratulated o.
the strong fight they made. The RE
PUBLICAN is inclined to give MIR. Win
sor considerable credit for the splendi
manner in whicn he has conducted tn
criminal prosecutions in this count
since he has held the Office Of state
attorney and he has been the means {
improving the moral cond itions Of thi
city to some extent.
Judge Smith gave the jury explic!
instructions in the case and they rt
tired about7 o'clock. They frstswer
to supper and returned to the jur
room, when after discussing the case a
informal vote was taken which stoo
eight for acquittal and four for col
viction. Two other ballots were take
which resulted in eleven for acquitt
and one for conviction. The judge
instructions were read to him concer
ing the point on which he held out ar
when the last bollot was taken it WI
unanimous for acquittal AT 10 o'olos
court assembled and the jury came
: giving the verdict that the defendar
: Ralph Kershaw, was not guilty Of Il
charge. Mr.. Kershaw was surround
by his friends and congratulated up
his acqulttal.
The case has occasioned considerat
interest among town people who he
known the defendant q great ma
years and the court room was crowd