Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-11-26
B|RNS DELAYS Trial
Nonresident Witness in Mac
kown Case Wants to Eat
Turkey at Home
CASE PUT OVER ONE WEEK
Birns, a Resident of New York, Nee
essary to the State in Securing
Conviction - Can Not Be Compelled
to Testify But Says He Will Come
Next Week.
Special to ,nes-Republican.

Special to Times Re)uDllcali.
Webster City. Nov 26.-l'ecause
Louis Birns, Of New York, the one wit
ness by whom the state can prove It's
alleged charge of embeZzlement
against George MackoWn, wanted TO
eat Thanksgiving dinner at home in
stead of coming to Iowa to testify in
a matter that has little or no interest
for him. the case Of the state of Iowa
VS.. George Mackown has been contin-
ued and will not be called until next
Monday. 1t will be tried before Judge
Evans in Fort Dodge. MackoWn Will
be recalled as the alleged firebug and
embezzler charged with embezzling
thousands of dollars from the North
western Felt Shoe Company of this
city and then burning TO the ground
the company's magnificent 100000
factory in an attempt to hide every
vestage of evidence of his e1nbezzle-
ment.
Mackown was tried at the last ses-
sion of the district court in this city
before Judge Lee upon the charge OF
burning the factory He was found
guilty by the jury, but new trial was
granted because of the so-called preju-
dice that the prisoner charges exists
against him in this community. "A
/ change of venue was taken to Fort
| Dodge on the embezzlement charge
and this latter case it is which will
| come on for trial next Monday.
Birns' Evidence Necessary.
Birns, the chief witness in the APP
preaching hearing, was also the chief
factor in the trial had in this city. Be
] cause he lives outside the state, how
ever, his attendance upon the trial is
not compulsory. He may come or not,
! just as he chooses. His failure to be
present at either trial would be fatal
to the state There was much specu-
/ lation at the former hearing to the eff
feet that Birns would not appear. 1t
| was said that he had no interest and
disliked to come so far. He came,
/ however, and q conviction resulted.
/ Last week he notified Attorney Boeye,
/ for the state, that he wished to eat his
Thanksgiving dinner at home and
/ hence would not be here. If the state,
| however, cared to continue the case
over until next week he would come.
1t was clearly case where the witness
| could have his own way about it and
continuance was asked on the grounds
that BirnS would not come this week,
but would come next week If the court
saw fit to continue the case. Attorney
Boeye submitted motion in writing
! - ;11, I1 lnfa
also in writing, excepted. The judge,
however without even asking for oral
arguments, granted the motion.
Birns is head bookkeeper for the big
firm of Musliner & Co., wholesale
! dealers in felt. The draft which George
Mackown is alleged to have embez-
zled from the Northwestern Felt Shoe
company, was cashed by Blrns at a
New York bank and the money turned
over to Mackown. This particular
draft was for $4,000. A check for the
amount had been given Mr.. MaclloWn
by r. S. Currie, treasurer of the
company, in payment for an invoice
shown them by MackoWn, but which
it is now alleged was a forgery, the
work Of Mackown, himself. Mac
llown was supposed to have purchased
draft and sent it to the Musliner
company. He did purchase the draft
having 1t made payable to himself
Within a day or two he left. for Mil
waukee on business, turned UP in New
! York and being personally acquainted
with Birns asked him to get the draft
cashed He is alleged to have told
the latter he was buying furs. Birns
will swear that neither Mackown nor
the Northwestern Felt Shoe company
ever purchased any goods with this
draft He is the one man by whom
a complete chain of evidence can be
forged about MaclloWn, which is reas-
on enough for gratifying any whims
he may have as to the time of the
trial
Other Forgeries Charged.
The local felt shoe company has
charged that Mackown is guilty of the
embezzlement of other sums than the
one for which he will stand trial. Con-
viction upon this one charge, however,
would send him to the penitentiary and
following a conviction on this count,
the natural sequence would be con-
viction upon the arson Indictment, for
which ten years behind the bars is the
limit. Hence the prisoner, if guilty of
all that is charged against him, will
get all that is due him if these two
convictions against him can be Sc
cured The present indeterminate SEN
tence law does not apply to Mac
kown's case, his alleged crimes having
been committed over four years ago.
The indeterminate sentence law was
passed last winter and applies only to
crimes committed since it's passage.
Mackown's wonderful nerve, which
stood him in good stead turnout the
long trial in this city last month, has
not left him. He rallied completely
from the momentary prostration which
followed the jury's verdict of guilt and
for weeks now has been his natural
self, the very personification of COM
posture and calmness. He appears to
feel certain of acquittal, despite the
apparent open and shut case against
| him. His attorneys promise num-
Der of new disclosures which will make
/ the coming case even more sensational
i than the arson trial.
cERRo GoRDo INDICTMENTS.