The Saint Paul globe., 1899-05-20
KAILY is NOT GUILTY
DIDN'T RECEIVE STOLEN PROPER
TY, BECAUSE HE STOLE THE
MONEY HIMSELF
LEFT THE STATE IN THE AIR

Attorney McGhee Knocks the Props
From Under the PrOsecutiOn-His
Client Rearrested, and Now an
Interesting Legal Point Comes
Up-Can Man BE Tried for Same
Onense Under Another Name.
The jury In the case Of the state versus
Tim Kaily. the colored man charged with
receiving stolen property. returned a ver-
dict last evenig finding the defendant not
guilty Of the offense charged. Kaily was
Immediately rearrested on leaving the
court room on complaint sworn out by
Assistant County Attorney Zollman
charging him with grand larceny in the
second degree, and an interesting legal
point Is raised as to whether q man can
be tried for the same offense by changing
its name.
On April 8 Joe Coke employed at the
Walter A. Woods Harvester works
cashed a check he had received from the
company and came to town with the
money. He was inve:gled into a room by
Nelly ST. Lawrence. an octoroon, and 1t
Is, charged that the roll containing $50 dis
appeared while In the room. He accused
the woman of the theft, and when she
protested her innocence ran out for a
policeman. The officer arrived just in
time to see Kaily in the act of leaving
the apartment through a window He
was pursued and captured hiding under a
load of hay in which the money was
found concealed. The woman was IN
dlcted for the larceny and Kaily with re-
ceiving stolen property
Assistant County Attorney Zollman pro-
duced witnesses On the stand Yesterday
who testified to the facts stated, and 1t
looked as If the state had clear case
instead, however, of attempting to COM
pat the testimony of the states witnesses.
Attorney f. L. McGhee, who conducted
the defense, stated that he would show
by Kaily's sworn evidence that he was
himself the thief, and therefore could not
be convicted Of receiving the stolen prom
erty.
Kaily, in his own behalf, testified that
the st. Lawrence woman was his COM
hhon-laW WIFE, and that they had lived to-
gether for five years. On the day of the
Cnett he mad gone into the room while
Coke was out calling the policeman The
woman told him that she had been ac-
cuseo or robbing man. Looking around
ne mad found the roll of bills living ON a
heap OF bed clothes and had immadia ta1v
taken 1t and Jumped through the window
and, on being pursued, had hidden the
money In the load Of hay. The jury went
out shortly after 5 o'clock and returned
It's verdict three hours later.
In regard to the rearrest there 10 q dtf-
ference Of opinion. The defense had nada
no attempt to contradict the testimony
or the witnesses for the state and had
simply relied on Kaily's own testimony.
Inc charge of larceny was practically the
same oHense that the state endeavored to
convict upon, and Judge Lewis. who tried
the case. stated that In his opinion II was
doubtfel If conviction could be had on
tne larceny charge in view of. the pre-
eedfng acquittal. 1t was practically COW
name. -
On the other hand. Assistant County
Attorney ZolIman is confident that the
charge will lie. He will endeavor to con-
vet the st. Lawrence woman of the
original theft and Kaily of stealing the
money from her.