The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1900-02-21
|NO new Trial FOR LESTER
judge Webber Thinks the First
Trial Was Without
Fatal Error.
Lester Receives the Decision Bit
terly-Off to Still
water.

ueSudy, anu lieu Will tHe CleFh VI
the district court of this county on
Thursday morning, Judge Webber
denied the motion for new trial in
the case of the State VS.. Lester
Rollins, convicted and sentenced to
Saltwater for ten years for the
crime of carnally knowing and
abusing a female child under the
age of IA years. The decision is
quite lengthy and Judge Webber
reviews every point raised by the
attorneys of the defendant. On
the questions Of irregularity in the
! proceedings of the jury and also
misconduct on the part of that body.
Judge Webber says:
"The afidavits introduced on the
part of the defendant intended to
show misconduct of the jury, and
the discovery OF new evidence are
fully rebutted by the affidavits in
troduced on the part of the State,
and, in my opinion: there is no rea-
son for granting new trial upon
either OF those grounds. think it
is wholly immaterial whether the
defendant did or did not state at the
time of the examination that he
had been only fooling with Mathil-
da' as stated in the affidavit of 7.
A. Murray. The witness, Enge-
mann, testified that the defendant
made substantially the same state
ment in the Jail, and the defendant
admits, upon cross examination
that he might have said it.
Judge Webber also contends that
the verdict is justified by the evil
dence, and on the point of carnal
abuse having been cammitted he
contends that the proof is as full
and complete as is generally posi-
BILE in such cases. He cites num-
ber OF authorities on this point.
Continuing Judge Webber says:
"The point most strenuously in
sisted upon by the defendant is that
s.6524, Gen. Stat. 1894, under which
the Indictment is drawn, is void for
uncertainty; and the defendant re-
lies upon the case of State VS.. Went
Ter, A N. W. Rep. 841, in support
of this position. [ infer from the
decision (the statutes are not acces-
Sible) that there are similar stat
utes in various other States, and 1
have been unable to find any other
case in which such statute has
been held void. In the Wisconsin
case cited, the defendant, if guilty
of any crime, was guilty of incest
and should have been indicted and
tried upon that charge; but. in the
case at bar, if the defendant cannot
be convicted of the crime charged
in the indictment, be must escape
punishment.
'sIn the case of the State VS..
Wentler, cited by defendant, Chief
Justice Cole dissents from the opin-
ion of the majority; and while, it is
perhaps true that cases might arise
in which a person guilty of rape,
ETC., might be indicted and convict
ed under the charge of carnally
knowing and abusing a female
child, as such state of facts does
not arise in the present case, I do
not think the inconsistency or un-
certainty is so clear as to warrant
an inferior court in declaring the
statute void. The defendant has
the right of appeal and the State
does not; and if statute affording
the only protection to children from
this revolving crime is to be de-
clared void, I think such declara-
tion should be made by a court of
last resort.
Ordered, That the motion of the
defendant that the verdict herein
be vacated and set aside and that a
new trial be granted be and the same
is hereby denied.
Ordered further. that the SEN
tence and judgement of the court
herein be carried into execution. =
Jailor Byram informed Rollins of
the judges decision last Friday
Il d. L. II