Willmar tribune. [volume] (Willmar, Minn.) 1895-1931, 1902-02-12

96lO ne was Qurt. ScQ8&el C8IleQ La
cey and told him to go out If he could
not behave himself. Lacey seemed TO-
feel downhearted and sorry. Witness
saw Nelson come out and lead Lacey
"like ten-year-old boy" to the door.
Frank Rose came after Lacey and
kicked after him. Nelson did not
kick Lacey. Rose went out and came
back after five minutes and called up
everybody for the drinks. On cross
examination, the witness stated that
John Lawler came in after Lacey was
put out. Witness was outside when
Rose came over from shop. When he
he saw Nelson putting |
medicine on Lfgasrden's face. Rose
set up the drinks several times. Wit
ness had not told sheriff that Rose
did not kick Lacey.
DR.. Christian Johnson was called
in behalf of the defense. He testified |
that he had assisted DR.. Frost in the
operation upon Lacey, and that it
was not possible that the injury could
have been sustained by q kick from
behind, unless the man had been in q |
crouching or unusual attitude.
Ole Karlson testified by request of |
the defense. he is a resident of New |
London, but has been working at
Willmar of late. Was in the saloon
that night and told similar story to
tho other Witnesses for defense. He
did not see Nelson kick Lacey. When
pressed he admitted Nelson might have
done so but he did not see it.
Marcellus Peterson went into the ga
loon at five o'clock and stayed there
until nine. He told the story over
again. He had not seen Nelson kick
Lacey but had seen Rose kick at him.
He saw Madison and Miller hold Rose.
Witness had not told Sheriff Odell
that Rose had not kicked Lacey.
John Lawler testified that just as he
was about to enter Ligaarden's saloon
that night, the door opened and Lacey.
walked out. Witness stepped aside
and saw Lacey walk. out perfectly
natural aud turn south. There was q
great uproar when he came In. The
bartender, Madison and Miller were
holding Frank Rose. Other details
given were substantially as given by
other witnesses for the defendant.
! The defense then rastad.
The State called Sheriff Odell for
rehutting testimony. Said he had
called at the saloon in the course of
his Investigations of the affair and
John Nelson had told him that Frank
Rose had not kicked Lacey. Witness
had met L. G. Arthur near the cream
cry and he had stated that Frank
Rose had not kicked Lacey, although
the two had quarrelled. Marcellus
Peterson had told the witness In Sand
bo's restaurant that Rose had not
| kicked Lacey. In the course of the
cross'questioning Atty. Porter asked
Odell if he had talked with Mr.. Madi-
son. eyes, and do you want me to
tell what he said?" the sheriff retorted,
but he was not allowed to tell what
| Mr.. Madison had said.
This ccncluded the testimony, and
court was adjourned for dinner.
After the Saturday noon intermis-
sion, County Attorney johnson ad.
dressed the jury on behalf of the
STATE. He reviewed the evidence, and
asked for a verdict of "Guilty." The
evidence had shown that the saloon
people had been selling liquor to in.
toxicated persons and that the defend.
ant had acted with utter disregard TO,
, the safety of others. Such reckless
, ness ought to be punished, and b,
was confident that the. jury woule
do its duty. III.
{ Attorney Porter made q strong pie,
for the defendant. He reviewed tn,
evidence, which, he claimed, shove,
i that the only man who had shown an,
t disposition to harm Lacey was one Q
the States Witnesses. He pleade,
: for the defendant that he had show
8 no intent to harm anyone. He wa
. confident that the jury would not bias
: . young mans life by sending him t,
i the penitentiary on such evidence.
8 H.. Judge Qyale made . strong charg
1 to the Jury. He al 80. reviewed the evl
J, dence somewhat. He advised the jur
Z ors to deliberately consider the sevi
]. dence before rendering their decision
Z II was not necessary that On accuse
3. should express an intent Of dom
i harm. The jury had . right 70 tsk
8 the connie sion Of the oct itself Is evl
i dence Of thes intent Of the one whocom
i tmitted the same. The Judge had pre
sIpared TIRES forms 81 verdi ono .
"a which the jury should use. Ono NJ
d Tor finding the defend ant goilty q e
8 sault IS the second dsgree; The second
nIRuilty Of assault g the third degree
i Third, acquittal.
81 The attorney for the defense too
! lsix exceptions g the charge g q
3 judg
5 Altar having bean ont for shout ~
AfI