The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-12-06
BOURNE is GUILTY
JURY FINDS HIM GUILTY OF GRAND
LARCENY ON SECOND
TRIAL
JURY OUT NEARLY 10 HOURS
Bourne Heard His Fate After Mid
night and betrayed No Sign of
Emotfon-Means Ten
More Years.

Guilty of grand larceny in the first de-
gree, as charged in the Indictment, was
the verdict returned after midnight by
the jury before whom the case of Walter
B. Boulne, former deputy codnty audi
tor, was tried. 1t was just about mid
night when the jury signifed to the
bailiff in charge, that verdict had been
agreed upon, but it was nearly l O'Clock
before Judge Bum arrived. Neither Of
the attorneys for the defendant, or those
for the state, could be found.
The defendant in the case remained I'M
moved throughout the reading of the YER
Dict, and beyond a nervous working Of
the fingers, as his hand lay upon the
table betrayed no sign of emotion.
The case was giver to the jury just be-
fore l O'Clock, Judge Bum extending the
morning session of court to that time
for the purpose of finishing it up.
At the opening of court A. e. Bowe,
of counsel fer defense, moved to dismiss
on the ground that the state had failed
to make a case. In his motion he laid
stress upon three principal pointS-that
the State Savings bank in dealing with
Bourne and paying him the check did not
rely upon the Bourne orders; that the
State Savings bank was not loser by
the transactions, for the orders were re-
deemed at the office of the county treas
urer, and that Bourne had entertained
10 criminal intent toward the bank. The
motion was denied
County Attorney Kanc summed up for
the state, and D. W. Lawler for the de-
tense.
Judge Bum, in his charge TO the jury,
expended great care in calculating the
law as applicable to this case, and the
requirements of proof to constitute guilt.
The principal elements of the case, as
set forth, he said, were as follows:
The state must prove that the orders
uett by Bourne were false.
1t must prove that Bourne knew them
to be false
1t must prove that Pcurne presented
them to the bank, and that the bank re-
lied on their geEuineness.
1t must prove that the banks check
was obtained by these false orders.
That Bourne had the intent to deprive
the bank Of its property by means OF
false repre- sentations.
That the check in question was worth
at least the SUM Of $50 in order to con-
stitute grand larceny in the first degree.
1t was ret necessary, proceeded the
court that Bourne should make to the
bank verbal false representations. If the
above elements were proved the false
representa- tons were there.
The jury was given to understand that
If the State Savings bank relied solely
on the stamp of the county treasurer on
the back of the orders, then, and In
that case, no crime was committed by
Bourne.
The bank must have parted with it's
property in reliance ON the genuineness
of the orders.
But if the bank relied in part on the
stamp Of the county treasurer and in
part on the genuineness of the orders
themselves, then in that case it relied on
the false ORDERS if they are found to be
false.
II the defendant obtained the check by
false representations, then the fact that
the State Savings bank lost nothing by
the transaction makes no difference
The question is the manner of the OBJ
tanning of the check, the property of the
bank. -,t=fs@
= When the Judge had finished his charge
the jury was taken to dinner, and upon
1 its return went at once to the jury room.
At 5 O'clock the jury was brought out,
and by. its request the court stenographer
was permitted to read all of the .testi-