The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1900-12-07
CHARGES PERJURY.
Harry Zimmerman's Sensational
Claim in Court.
Tells Judge Cray That Some of the Wit
nesses Stretched the Truth and
Asks as New Trial.

Harry Zimmerman, who was on
Wednesday convicted of forgery, made
sensational charges in the district
court Fricay when brought be-
fore Judge Cray to receive his SEN
tence. He claimed that he was con-
victed on false testimony and asked
for new trial.
To the usual preliminary questions,
Zimmerman replied that he is twenty
five years of age and knows no me-
chanical trade. He said that for the
last seven years he had been in the
theatrical business and livestock
auctioneer. When asked whether he
had anything to say why sentence
should not be pronounced, he replied
in clear voice that could be heard all
over the court room:
"Yes, sir, l have. think can
show to the satisfaction OF the court
that certain witnesses for the state
sw ore falsely upon the stand. I can
prove conclusively and to your honor S
satisfaction that one witness swore
falsely to several things, and I ask for
a new trial -
W. L. Comstock, attorney for the
defendant, addressed the court and
asked for a neutrality-suspicious. rather
than commitment to Saltwater He
said that the evidence taken in the
case and the condition of the defend
ant showed conclusively that impris-
onment in the penetentiary would
benefit neither the defendant nor the
state. Mr. Comstock called attention
to the fact that Zimmerman has but
one leg, and said that the state re-
formatory is adapted for teaching
trades. This case he thought es-
pecially required reformatory meas
ures, and the defendant was addicted
to habit which may perhaps require
medical attendance.
Judge Cray said that Zimmerman
had had full and complete trial be-
fore an impartial and unbiased jury,
and was confronted with witnesses
who seemed to have no personal ami
mostly against him. He had been ably
defended at the expense of the county,
Notwithstanding the fact that he pos
sessed ability enough to succeed and pay
his way through the world. Judge
Cray said that he had no doubt of the
justice of the jury's verdict. The de-
PENDANT had physical affection that
entitled him to sympathy and prevents
him from doing certain kinds of
work. He said that he had
given more thought to the matter of
sentence in.this case than he
ordinarily did 1t had been ques-
ton, in view of all the evidence,
he ought not to have followed
the verdict by sentence to long
term in the penitentiary, but in view
of the youth of the defendant and his
ability to live in the world for good,
he had decided to sentence him to the
state reformatory at st. Cloud.
In pronouncing sentence, Judge Cray
said that the sentence was indeter-
inmate The board of managers could
the defendant in a year or
eighteen months if his conduct war
ranted such leniency, or it could keep
him there for the full term of ten
years.
Zimmerman afterwards stated to the
reporters that in his charges regarding
evidence given by witnesses
for the state he referred to that portion
which was given to the effect that he
could not have used as much morphia
as he claimed, and that por-
ton relating to his being deceived by,
the substitution of boiled water for
solution. He said that he
will continue to make an effort to Sc
cure new trial, as he valued his lib
erty at more than $40.