New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1898-01-12

The Madelia Man Convicted by Brown
County Jury Of Grand Larceny.
The Third Trial Sends HIM to the Pen.
Victory for Steinhauser.

Roswell D. Rice, charged by the grand
jury with grand larceny in the first de-
gree, has at last been convicted.
Twice did jury of his peers agree to
disagree, but this time they pronounced
a verdict of guilty and that verdict came
as surprise to the defense as we'll as
the prosecution.
The facts in the case are as follows ::
Carl johnson of Lake Hanska owed the
Watonwan 20. Bank some money. Ros-
we'll D. Rice had endorsed his note. The
note on the 18th day of November, 1896,
was long past due and Banker Benton
told Rice he would be compelled to
foreclose if it was not paid Immediately.
Rice looked up Johnson, discovered
that there was wheat on his mothers
farm and got HIM to go to Lawyer Cool
ey's office and make out a bill of sale
for the wheat in favor of Rice.
Armed with this bill of sale he went
out to Johnson's place in the evening,
loaded up the wheat, took it to Madella,
disposed of it and settled up at the bank.
When it was discovered that the wheat
was missing Rice and johnson were ar
rested and soon after indicted.
The Indictment against johnson was
dropped because he was somewhat of an
imbecile. That against Rice was prose-
cuted through three different trials, this
time with success.
The contention of the state was that
Rice had taken advantage of Johnson,
that no consideration had been given
him for the bill of sale and that Rice in
fact knew that the wheat did not belong
to Carl johnson; that johnson was filed
up with beer until he was in proper
condition to do whatever Rice wanted.
During all of the trials Rice was rep
resented, and ably too, by Hon. VIM. S,
Hammond of st. James. His defense
was that Rice had acted in good faith
and did not know but that the wheat
actually belonged to Johnson; that he
had obtained the bill of sale fairly.
In his closing address County Attor-
ney Steinhauser broadly limited that the
bill of sale had never been signed by
Johnson. Hammond resented this in.
situation and eloquently referred to
Lawyer Cooley as man with as fair a
reputation as that of any of the counsel
represented in the case.
Immediately after the reading of the
verdict, Rice was committed to Jail, hav.
ing been at liberty under bail ever since
the first trial.
Yesterday morning Judge Weber sent
enced the culprit to term of five year:
and four months at Saltwater
Mrs. A. J. Alvin spent Sunday with
her husband at Malkato.
DR.. Seely, disciple of ostheopathy, il
now making regular visits to this city.
DR.. Marden is attending the Masoni,
grand lodge esslon in St. Paul this week
Mrs. Kate Baasen of St. Paul is visit
ing here with her sister, Mrs. Col. Baas-
en-.
Ed. Olsen, brother of Albert Olsen o
this city, hasaabeen appointed postmaste
at Nicollet.
G. y. Spelbrink won one of the sew
i ng machines that were given away b,
Crone Bros. shortly after the holidays.
The Commercial Union will hold it
annual meeting next Friday evening
At that time new officers will De elected
Commissioner Raverty is said to b
preparing to make canvas for the Re
publican nomination for sheriff mex
fall.
Arrangements have been perfected TO
holding a State Farmers Institute a
Sleepy Eye on Tuesday and Wednesday
February 1st and 2nd.
Mr.. and and Mullen will on the est
join the Minneapolis Journals excursion
to Mexico and California. They will b
gone for several weeks.
Jacob Klossner went to st. Paul yes
terday to attend the annual meeting o
the state agricultural society. He goe:
as delegate from the Brown Count,
Association.
, The summer training school will opel
in this city on the 18th of July. The in
structors will be Prof. Schmitz of ALDER
Lea, Prof. Schmidt of Jackson and Mis-
Florence Pierce.
The st. Paul Gazateer Co. are prepar
ing to issue a gazateer of Brown county
The book will be valuable IN that it vii
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