Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1910-11-02

led to believe that / had embezzled
his notes and swOre and signed an
information to that effect. He now
swears that he did not know the
legal effects of what he did nor that
he signed an information for my
arrest.
This case was put off from time
to time by the County Attorney un-
til the January term of court in
1909.
Mr.. Siverson on the stand denied
that he ever received a note from
me. produced in court my COL
lection register, and copy of the
note gave him. When l wrote the
note l gave him on the typewriter
took a copy of it the same as /
do now when writing this letter to
you.
Judge Lee. who tried the case,
instructed as we'll as he knew how
and the jury found me guilty.
l made motion for a new trial
on the ground of newly discovered
evidence, which was a man who
was in the Office when the transac-
tion was made with Siverson, also
statement from Sivereon that he
now thought he was mistaken. But
the Judge overruled the motion. My
enemies had worked up 6 men to
swear that the man who saw and
heard the transaction was not to
be believed under oath. will not
go into detail what class of men
these were, or are.
/ appealed to the Supreme Court,
but did not perfect the appeal. l
was trying to get it continued until
the May term of the Supreme
Court for this year, because l
wished to have the note come due
that l gave Siverson and tender him
the money, which would induce him
to find the note if he had it. The
Supreme Court denied a continuance
in the Jan. term this year and
handed down it's decision on what
is called short notes the 18th of
Feb, 1910.
/ knew a few days before what
their decision would be and there
fore on the 18th of Feb. l had to
do what / very much disliked to
do, / had two men go with me to
Siverson's house and asked him if
he had ever searched for the note
l gave him. He said not much.
asked him If he wouldn't search
now in the presence of these men
He brought out an old chest and
went through his papers and made
a diligent search and found the
note in the envelope just as / had
said it was. l requested him to at
once bring the note for safe keep
ing to John Swan, Pres. of Citi-
zens Bank, and Swan was instructed
to send it to his correspondent at
Des Moines so that the Governor
could inspect the note, which he
did. The parties who looked on
while the search was made, made
afi1davits, Swan made affidavits, and
Siverson made affidavit that he now
remembered the whole transaction
and that he now was satisfied that
he was mistaken at the trial and
asked the Governor to pardon me
as l had done him no wrong. The
Governor refused to pardon but
has not given or intimated any rea-
sons for his actions.
The complaining witness and /
now agree exactly but am still
sequestered here and the proper
authorities who have the evidence
before them refuse to correct the
mistake that was made. If / was
the only one suffering it would not
be so hard, but a devoted wife and
loyal children, including little 4
year old girl cries herself to sleep
every evening because papa don't
come home. AS it now is all con-
cerned are punished. Siverson
don't get his money, all my folks
are hurt by it, am hurt by it. and
Justice Is disgraced and officers
motives are questioned.
L, ]. TJERNAGEL.