The Kalispell bee. [volume] (Kalispell, Mont.) 1901-1901, 1901-04-11

(COnCl0ueQ from page l.
could not remember any specific time
when the act complained of had been
committed previous to August 25,
1900, although she testified yesterday
afternoon that her father had been Of
Tending in the manner complained Of
ever since she was ten years old.
Deputy Sheriff O'Neil testified that
on the day Lehman was arraigned in
the justice court, he had a converse
ton with Lehman, in which the latter
had said, this is worse than murder
and I guess I'm in for it, Suisse
quently Lehman had said to witness
that If the doctor had found out GER
tain things regarding the physical
condition of Minnie Lehman, there
have been more than me into it,"
At this point the court said he would
hear argument as to the admissability
in evidence of the subsequent acts of
the defendant, and the family relations
as going to corroborate the testimony
of Minnie Lehman. The county at
torney admitted the contention of the
defendant, SO the argument did not
take place. The state then rested.
The defendant moved for a dismiss
al on the ground that whereas the in
formation charged that force had been
used. none had been shown in evil
dence. The court ruled that force
is not a necessary element of the
crime Of rape where the victim is un-
der the age Of 16 years.
AL Ingram was the first witness for
the defense. Mr.. Ingram testified
that Minnie Lehman had worked for
him from August 10 for about month,
that she had not been home during
that time, but had been absent of
and on at John Cations.
Mr.. Cation said he lived within half
mile Of the Lehman ranch. That
Minnie Lehman was at his place and
Mr.. Ingram's frOm/about the 18th Of
August until the 25th Of September.
The defendant took the stand in his
own defense and among other things,
testified that his wife had died last
October. That he had been arrested
once for feeding his horses his own
hay. He was not home on the 25th
of August. He denied the charge of
his daughter, in toto. Both girls had
caused him considerable trouble. Had
suspected Minnie of stealing money
from him and had accused her Of it,
and had threatened to punish her for
it. A question as to his intention
of asking that the girls be sent to the
reform school was ruled out. He
was arrested few days after he had
accused Minnie Of stealing the money.
He explained part of his conversation
with Deputy Sheriff O'Neil, and de-
MED the rest of it. There was no up.
stairs to the Lehman house. Annie
Lehman had run away from home to
Kalispell with young man, and he
had some difficulty in getting her back
and she had agreed to do better.
H. C. Keith testified that he had
known the defendant for two years.
and that his reputation was good SO
far as he knew. but he had not heard
it discussed.
Mr.. Potter was called as character
witness, but said he had known the
defendant scarcely ten days.
AL Ingram testified to the good rep.
utation of the defendant, bait upon
cross-examination he said he had heard
rumors that defendant was ill-treating
his daughters.
Mr.. N. w. Martin had never heard
anything much against the defendant,
but had heard rumors about his rela.
tions with his daughters.
Mr.. Cation testified that so far as he
knew the defendants reputation for
truth and veracity was good up to the
time of his arrest.
Henning testified as to the time de.
PENDANT had moved away from his,
Hennings ranch, about the last II
March or the beginning of April, 1900.
This closed the evidence in the case
and the instructions of the court were
read to the jury.
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