The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1908-12-11

himself and States Attorney Spang-
Ter Of the crime of rape having been
committed by Otto keierson, and told
of the reluctance of French to prose-
cute Robertson owing to the strong
Friendship existing between himself
and the boys father. T. T. White, a
deputy, testified of going to French's
home and searching for the girl and
later going to the McClintock home
and found her after she had tried to
make her escape. He stated that
French told him before the term of
court started that to prosecute Refer
son was the hardest thing for him to
do. j.. V. White also testified as to
French being unwilling to prosecute
Reierson.
Hans Reierson, the father of the
defendant in the case that was dis
missed, was the last witness for the
state, and stated that he had been an
oldtime friend of French's and re-
ferred to the fact that he had gone
on the bond of French's son at the
time the young man was arrested at
Oacoma for stealing a horse. He de-
MED emphatically that he and
French had ever come to any terms
of settlement over the case. He said
that French told him that the testi-
mony that the French girl gave at
the preliminary hearing was a mistake
and that he was going to States At
torney Spangler and have it removed
from the record. He denied ever
having told anybody that the case
had been settled.
J.. Il. French, the defendant, took
the stand, and testified that he told
States Attorney Spangler that the
case was dimissed, and denied aver
having received any compensation
from Hans Reierson for the settle
ment of it. On cross-examination
French denied ever saying to Mr..
Spangler that IL he sent Reierson to
the p%enttentiary that 1t would send
his father to the insane asylum. He
admitted telling the Farleys that he
had said that he would settle the case
against Fred West for $3.50. He adj
mitted that he had never told Mr..
Spangler that he had found out that
the crime had not been committed by
Otto Reierson.
Mrs. French was placed on the
stand and declared that her daughter
told her a week after the information
had been filed in the case that Refer
son was not guilty of the crime.
Mrs. Charles Besancon was recall
ed by the state and testified to hear
ing Mrs. French tell her daughter
that she would rather have her marry
Otto than send him to the peniten-
tiary.
States Attorney Spangler took the
stand and testified as to the events
surrounding the filing of the origin
al complaints wherein French was
very indignant concerning the crime;
said that French told him at the
time of the examination that he hat
ed to prosecute Reierson because
his father was on his sons bond;
stated that French wanted to send
West to prison, but that if Reierson
was convicted his father would go
crazy; stated that just before corn
palace week French asked to have
the case dropped against Reierson,
but Informed French that M could
not be dropped unless both were
dropped. The states attorney stated
that when the special jury was be-
ing secured to try the Reierson he
learned that the French girl would
not give the proper testimony to
bring about a conviction.
Sheriff Cook stated that in a con-
%versation with French he stated chat
Rosa would not marry Reierson and
that the case would be fought to the
bitter end. This conversation was
held about Oct. 1.
At this point both sides rested.
Judge Smith discussed the situa
tion briefly, and said that som
cases of contempt of court were 81
%glaringly bad that they ought to b.
made an example of. He said it wa
not impossible to chase down ever,
case, but that some ought to be. TIL
court stated that the attitude of tn
defendant expressed a willingness t
settle the West case where there wa
no doubt Of the guilt of the youn
man and did not show a very high re
. gard for morality or of family obi
, CATION. The court said there was n
Idouht hnt what the defendant SOugh