Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1906-07-26
SUBMITTED TO THE JURY
After a lonQ Trial the Coburn
Case Closes. Its
Expense.

OdSC OIUStS' us
Expense.
After a trial lasting from July to
July "a, the case Of the state VS..
Frank Coburn, from LaMoure county,
was given to the jury at 5 O'Clock
Tuesday. The trial has been one Of
the longest in the court annals OF
the county. The arguments of the
attorneys occupied aoout five hours
and the charge of Judge Pollock, was
lengthy and covered many points and
was also of an explanatory nature.
The prosecutions opening argument
was made by Attorney Van Slyck of
Aberdeen. who has appeared in all
the former trials Of the case both
in South Dakota, and In this state.
He was followed by Attorney Knauf
who spoke for an hour. States At
torney of LaMoure, Mr.. Warren, then
addressed the jury for half an hour,
followed by Attorney Purcell of Wah-
peton who made plea for the de-
fense, reviewing the testimony at
length. Attorney Thorp also spoke in
the prosecution and ex-J udge Glaspell
appeared for the state also. The
charge of the court seemed If any
thing, to favor the defendant on a
number of points. The defendant
has been tried and acquitted twice in
South Dakota, on charges OF horse
stealing growing out Of the transac-
tions brought forth in this trial, and
tried once in LaMoure county and
found guilty but given a new trial
by Judge Pollock on review of the
evidence and all proceedings of the
trial, and owing to the prejudice ex-
listing in that county the fourth trial
was held here before a Stutsman
county jury. y %-.- -,
I Agreat deal OF testimony was tax
On, some of it rather racy. 1t devel-
oped in the case that one OF the
states chief witnesses came from a
community in northern part Of South
Dakota, in Brown county. which !is
knowne as, Little Utah, where it Is
alleged, that the MordSbn Iaith ahd
practices prevail to some extent.
Much merriment was created on
cross examination, by the confessions
of faith of the disciple Of the latter
day saints. 2~s1 70 .f@
The defendant is young man 80
years of age, of good appearance, hav-
ing a wife and four children. He is
said to have sold his homestead and
what stock he bad, to raise money to
defend himself, from the active pros
ecution in the four trials, and that
his father, mother and two brothers
have come to his aid financially and
spent their savings in his defense.
LaMoure county will have spent
some $4,000 on the case, In the two
trials already held. The evidence
was circumstantial, and no direct
evidence of bis guilt or that he act
ually stole the horses. is claimed tt
have been produced. Coburn has re-
sided in LaMoure county about thret
years. 1t developed In the trial thai
the chief witness referred to wat
the head of a vigilance society o.
South Dakota, and for some unex
planned reason, was claimed to have
followed the defendant with great
persistence. Coburn's friends refused
to believe him guilty Of the crime
charged OF any other crime. He II
said to be man of good habits, hare
working and industrious. ATTORNEY
Van Slack. has appeared 10 all fou
trials and has used every effort Il
convict the prisoner. It is said th'
cost of this trial lasting fifteen days
will amount to over $1,000 for La
Moure county. The case was givel
to the jury about 5 O'Clock Tuesda!
and at a p. m. today no verdict hat
been reached.
The jury in the Coburn horse steal
Ing case after being out some 3
hours failed to reach an agreemen
and the result was a disagreement
It is reported that a good many bal
lots were taken and that the tur
was nearly equally divided.
$ EI1E10ee S7no onn