The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-11-28
EVANS FOUND GUILTY
SECOND TRIAL. RESULTS IN CONvIC-
TIoN AFTER THREE HOURS
DELIBERATI0N
cAUsTIC COMMENT BY JUDGE
Cautioned Jury Not to Place Depen-
dence On EIoauence of Counsel
Still Another Indict-
ment Pending.

The jury in the case of the state
against R. G. Evans, charged with at
tempting to swindle August Northrop out
of $65 by means of the old three-card
monte game, returned a verdict Of guilty
last night after a little over three hours
consideration of the case.
Evans was arrested with Fay and Nc
CARNEY on Oct. Is last by Chief O'Con-
nor and officer Ben Morgan, the men
being caught almost red-handed in the
act Fay was found guilty. Of the charge
by a jury short time ago, and Nc
Cartney changed his plea to guilty just
before the Evans jury in the first trial
announced it's inability to agree.
The state closed its case yesterday fore
noon, and the defense put a number of
witnesses on the stand to show that
Evans did not know Fay and Mccartney
and to vindicate his character, which
they claimed was excellent. William
Fay was On tie stand for the defense and
testified that he was a Chicago friend of
Evans. He admitted that he had once
been convicted in Chicago of receiving
stolen property. He became somewhat
confused and was not a good witness for
the defense.
In the course of the examination Of
Mrs. Evans the fact cropped out that
about all Evans had done for the past
six years was to render little assist
ance in running the rooming house that
the couple owned Edna Foot and Geor-
gia Anan, Of Chicago, both testified to
Evans being in Chicago at the time Jo-
Seph Close, another alleged victim of the
trio, was f1eeced of $S5.
Evans was put on the stand, but did
not have a great deal to say for himself.
The defense contended all through the
trial that Northrop, the States principal
witness, was not the unsophisticated man
that he state would like to make out,
and that he entered into the affair with
the understanding that he was to receive
something if they succeeded in getting
Mccartney to take the bait.
County Attorney Kane summed up for
the state. He held that Evans was the
leader, the general, the brains of the
trio, and ridiculed the idea of Fay being
a commission merchant, when lie only
had 25 cents in his clothes.
Judge Hamer of Kearney, Neb., a life
long friend of Evans father, who Is a
congregational minister, concluded for
the defense. He made an eloquent plea
for Evans liberty and referred feelingly
to the wife who would lose her husband
If he was "wrongfully convicted of this
charge"
Judge Bum, in his charge to the jury
remarked that it was not their duty to
decide an oratorical contest and warned
them not to lay too much stress on the
eloquent pleas of counsel and too little
on the testimony. you are not to de-
eide this case" he said, Shy the elo-
quence or volume of sound emitted from
the counsel of either side.
The case went to the jury about $50
o'clock. and it brought in their verdict
shortly after s.
The men have still another Indictment
hanging over them. They are charged
with securing $50 from Joseph Close an
aged farmer from Missouri, by means Of
the lock game.