Willmar tribune. [volume] (Willmar, Minn.) 1895-1931, 1902-08-13

Willmar, Minl
END OF PHILIP ADDY CASE.
Tho Case Is Dismissed on tho Motor
Of tho County Attorney.
The end of the Philip Addy cas'
came last Saturday. After all tn,
narrowing details of the pursuit ant
capture of Addy, as recounted by De
tectives Brown and Baxter, the pri
vate sleuths who worked up the ''case'
against him, the elimination of it all
was the dismissal of the case by the
county attorney after several witnesses
had been examined.
The final hearing was held before
Justice N. E. Hanson at the court
house last Saturday morning. The
case was opened on the part of the
state by the introduction as witnesses
of Fritz Brandt, Emma Brandt and T.
Fl. Wakefield. These witnesses testi-
fed to the same facts as in the Frank
Addy case. An adjournment was
taken for dinner, and when the ses-
sion opened in the afternoon, County
Attorney Foster arose and moved to
dismiss the case, stating in explana.
tion that Witnesses he had relied upon
to support the case had aunked and
refused to give such testimony as they
had previously given him assurance
they could and would swear to. On
this motion being made Justice Han
son dismissed the case and Addy was
released, without being given a chance
to show his Whereabouts at the time
of the Gorton fire. He had deposi-
tions from several parties in Clay
county, Indiana, to the effect that he
was in that state on New Years day,
about twelve hours after the fire.
Lawyers Byrnes and McMonagle ap-
peared for the defendant.
Addy states that he left Litch6eld
on Monday morning, December 30,
and not on the morning of the 31st, as
stated in this paper. He went to Min
ate breakfast at that place
in company with J. 81. Spelliscy and
Harold Dresser. He left Minneapolis
the same evening for Chicago, reach
ing there the next morning, the 3lst.
From there he took a day train south,
reaching Terre Haute on the evening
Of the same day, the date of the fire.
He registered and lodged over night
here, and went to Connolly, Indiana,
next morning, reaching there at 10
o'clock. There is no possible chance
hat he could have been in Meeker
county on the evening of the fire.
Addy feels considerably aggrieved
1t his arrest and treatment. He was
arrested July 7th, just as he was on
1is way out of the Thunder mountains
n Idaho to file on q goldiquartz claim
which he thinks is rich one. He
waived extradition to save delay, and
'ays the detectives who arrested him
reated him shabbily. They lost his
runk in the deal, and he has not yet
recovered it and don't know that he
will ever get it.
So far as Phillip Addy is concerned,
he case is probably now over except
he bill of the detectives who arrested
lim. This will no doubt bob up in
lue time for the county to pay, and
t is not likely it will be very small
'ne. County Attorney Foster states
hat their fee in the matter is contin-
,ent on case being made out against |
Addy, and that they are working on
he "no cure no pay" plan. If this
8 so their chances of collecting any,
hing are slim.
We learn that in this case the mat
er hinged almost entirely on the evi-
lence of Homer Boggs and Viola Ber-
;ithet, OF Kimball, who claimed to
lave seen Phillip Addy at that village
IN the night of the Gorton fire. They
old about Addy coming in by team,
he horses having been driven hard,
md they noticed him at the hotel and
n a saloon. They were subpoenaed
and were on hand Saturday but on
seeing Addy declared he was not the
nan they saw at Kimball on the night
Of the fire.
Phillip Addy is circulating petit
ion asking the county attorney to Sc
cure the dismissal of the case against
his brother Frank. If the state has
no better evidence to offer than it
produced at the former trial of Frank
it will be useless to 60 to the expense
Of another trial, to say nothing of the
Injustice to the boy in keeping him in
Jail month after month.
Independent.
Opera House Bookings. -
The Willmar opera house has al
ready booked large number of at
fractions for the coming season. The
management announces that it will
open Sept. 5, when "McCarty's Mis-
haps" will be put on the boards, fol-
lowed by the comedy attraction,
s'Hans Hanson" Mack e. Cartar or>