The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1900-12-21

clRred he WAS In his room all the even
ing, and that as he WAS studying for the
ministry he could not be guilty of such
crime. His roommate, Noyes, sub
stan,iated all he said. Noyes declared
that Austin could not get out of bed
without his knowing it for the bed was
so close to the ceiling that he would
have to get out first in order to let his
partner out. Cory declared he was in
good company that night; was in the
library and that Mallory took him
home and cared for him, and always
kept him out of trouble. Kindgon
proved by being member OF the Kap.
psPi Phi, which required its NOM
bers to be OF good moral character, that
he was exonerated from the charge.
he proved by James that he was At
home from 6 o'clock until mic mig ht.
Mallory, ono Of the defendant's attor-
neys, went on the stand and gave the
boys 60 character, and sought to
impeach the character Of Ray Graham
as to his truth and veracity.
The case was growing interesting
when Prot. Engstrom was put on the
stand for the defense and it was his job
to prove the alibi He said that Walk
len and .Huvck and.Prof. Theo. Graham
came into hi- apartments the night OF
the roooery and while talking over col
| | ge pranks Graham suggested that
something ought to be done to stir
things up and suggested that it would
be good joke to take Prof, Stouts
chickens and put them in another place
but he did not want to be associated in
any way with the deal. He said that
after Graham went home at 1l:30, he
hunted around for sack for the two
fellows in the room. On finding it the
boys went and tackled President Gra-
hams chickens, which they thought
would be much better joke all around.
Huyck went on the stand aud admitted
that he was at Engstrom's room on the
night in question and that he was one
OF the fellows who took the chickens,
and took all they could find. WAlklen
admitted the same thing, and declared
the coat, admitted in evidence 40 be-
longing to Austin, was his property,
Notwithstanding the initials of Austin
were on the. coat.
The prosecution then commenced .
rebuttal of the testimony. Prof. Gra-
ham was called and he declare that
he was not at Engstrom's rooms and did
not offer the least suggestion about tax
ing any chickens. Eads said he heard
tho defsndant's attorneys pleading with
Prof Stout to plead guilty to the
charge to save the prisoners. Prof.
Graham declared he heard converse.
tion between Cory and Engstrom where
the former admitted his guilt in steal
ing the chickens. Engstrom said that
it was impossible for Graham to tell the
truth in case like this. Harris, to
show that Walklen was making eac'
rifce of himself, declared that Walklen
won't to bed as 10 o'clock that night and
therefore could not have bean in the
chicken deal. This ended ..the testi
mony and the alibi looked pretty
strong.
In the argument before the jury Mil
lsr made great plea for justice and
for the revenge of the poor little
chickens which we're taken from their
own home and transferred no one knew
whittier. His plea was 80 strong and
sympathetic that one Of the lady juror
covered her face with her handker
chief and her form shook lwith-laugh
ter as wac discovered when she removed
the handkerchief. Notwithstanding
the joke in the case Miller made an ex
oellent plea for conviction. Ole wal
followed by Mallory and Loevinger
the latterig citing in some very fin.
rhetorical efforts in his plea for his in
nocent clients. Devere made the clos
ing argument and he threw quite bi
of dramatic force into his effort, suffi
cient he hought to win the case.
The court made an impressive ant
d!gnitied charge to the jury and th'
members filed into the other room t,
debate on the evidence. 1t was hintel
, that the ladies would not be- too sever,
, on the poor young men aud that the,
would have sufficient influence over tn,
, six male iurymen as to briug them t,
, an acquitsal. The audience waitet
, patiently for the returnsof the jury ant
when it came out there was Suppressed
excitment when The court opened til.
verdict and read that the three youu.
+ men were not guilty. The court room
rang with college yells for the victori
GUS side and the defendants were car
ried off in great glee.
, The case was conducted in prett,
. good shape, the attorneys making tn
> required number Of objections to ques
tions and motions for this and for that
~ uy1, ,ok