The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-01-07
DAWSON NOT GUILTY
ONE OF THE INDICTMENTS AGAINST
THE BANK OF MINNESOTA'S
CASHIER
is QUICKLY DISPOSED OF.
COURT RULES THAT THE STATE
MUST ELECT THE PARTICU-
LAR ITEM
ON WHICH TO MAKE A STAND.
Mr. Anderson Couldn't Specify, So
the Case Endcd-Mr. O'Brfcn
Opposes Further Delay.

Not a single word of testimony was
given yesterday. the forenoon session
being consumed by the arguments of
counsel over the admission of the led
ger book in evidence, and the after
noon session-what there was of it
being devoted to the final argument
OF the county attorney Oh the motion
of the defense to compel the state to
select a single item in the bill of par
ticulars and prove that alone
The argument in the forenoon over
the ledger book gradually extended in
scope until it brought forth the motion
that went to the vital question in the
case. The Indictment charged William
Dawson Jr. with the embezzlement of
$29,23027 on April 1, 1886. The county
attorney cOntended that the state had
the right, under the statute relative
to the method of proving embezzle-
ment, to show a succession of en-
bezzlements during the statutory Pc
Rod of six months next succeeding
April 1, 1896, and then to show that
the sum total of his embellishments
amounted to the sum alleged in the
indictment.
c. D. O'Brien took issue with the
county attorneys contention, and ar
gued that the state should be COM
PEELED to elect any single item in the
bill of particulars it had furnished the
defense, and stand or fall upon it.
Shortly before the noon recess Mr..
O'Brien brought matters to a head by
offering a motion that the state be
compelled to select a single item
Judge Willis said he would hold that
each item in the bill Of particulars
constituted an allegation Of a separate
embezzlement, but the state could not
indict a man for forty odd embezzle-
ments and call them one. The state
must elect to stand on one item. The
felonious taking of other items would
bear on the question of intent.
Mr.. Anderson insisted that he could
show series of embellishments within
a period Of six months next after April
l, 1896, that would make up the total
charged in the indictment.
AS it was nearly noon, Mr.. Ander-
son asked the privilege of citing a few
authorities after the noon recess to
support his contention, which request
the court granted
Shortly after D. m. Judge Willis
took his seat on the bench and the
county attorney resumed his argument.
He cited the cases Of the state against
Kurtgaard and the state against
Holmes, which he insisted substantial
ed his position that the state was not
restricted to any single item. II that
We're the case, why was section 1852 en-
acted? What was it's purpose, for I'M
der the common law the state could go
back and prove any single act of en-
beZzlement within three years prior to
the date of the Indictment
AT the conclusion of Mr. Anderson's
argument, Judge Willis announced that
he saw no good reason to change his
opinion. The state must elect on which
item in the bill Of particulars it would
go to the jury.
County Attorney Anderson said that
he couldn't do that, as it would be i'm
possible for him to secure verdict in
that way and he might as well drop the
case. A moment later, Mr.. Anderson
addressing the court, said:
Il move the dismissal Of the case"
The motion was denied, as the jury
had been empaneled and the trial be-
gun and the defendant being in jeop-
andy. a dismissal would end the case
forever.
Thereupon County Attorney Ander-
son announced:
The state rests
That speech ended the case. Mr..
O'Brien at once moved the court to di-
rect the jury to return a verdict of &C
quittal as the state had offered no
proof that the defendant had commit
ted a crime.
1.-The motion is granted" said the
court. A few moments later, as soon
as the proper forms could be filled in.
the clerk read the verdict of Not gull
ty' to the jury, and the jury acknowl-
edged that it was their true verdict.
William Dawson Jr., being prepared
for the result,as every one was who had
heard the proceedings, did not betray
any marked emotion, though he GER
tainly looked pleased. His father, who
sat beside him, exhibited no sign of his
feelings
Then followed the most interesting
proceedings OF the day. Mr.. O,Brien
that the state be compelled to immedi-
ately try all other cases against Will
lam Dawson Jr. and William Dawson
Sr. He would not insist upon the cOun-
ty attorney going to trial that after
noon, but he would demand that the
trial of one of the cases he begun this
morning. Said Mr.. O'Brien:
In other words, private convenience ard
pubic convenience must yield to rights I
don't want to press upon the court at length
the reasons which make this proceeding at
this time so vital and necessary in nv
opinion, as to my client. 1 don't want to
speak of advanced age. 1 don't want to
speak Of the many things which put a strain
upon persons, almost beyond human endur-
ance. Ever since last May, ever since last
Easter, 1t has been my duty and | have
been compelled to sit day by day and preach
patience, and listen and look and gaze upon
a patience which l have never seen e0uaiIed
in my life before.
The defense Of these cases has not been
with US matter in which we desire to ac-
quire a reputation. We stand here defending
commonest criminal has the right to have
that believed of him. Other men whose
lives have been exemplary, such that others
should follow, are entitled to that which the
commonest criminal should have. And hay-
ing done our duty patiently. and loyalty to
the best of our capacity and uprightness
both to court and client now we say that the
time has come when the ordinary rules Of
justice should be observed in these cases.
that these mems lives and characters and
liberties should no longer be made the play-
thing OF legal experimentalizng but that
they should be heard In open court before
the court and jury, and a determination ar
rived at which will settle it one way or the
other-and let God defend the right.
And SO; tomcrrow morning, 1 advise my
we shall be here, with these defendants. pre-
pared for trial. and earnestly request the
court that proceedings shall be had in these
proper and just determination of the cases
at this term of court and as immediately
as the public business will permit
Mr.. Anderson-There will not be any at
tempt on my part to impede that result.
The Court-Well, l now instruct the countv
attorney to be ready tomorrow morning to- try
one of these cases.. against either William
will t,,&a~