Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1910-06-27
GEST SUMMONS
TWO WITNESSES
Court Springs Surprise at the
Trial of John
Halves.
BANKS, STEPS0N, CALLED
Together With TilIman, His Friend,
Both of Whom Were Present
at Shooting.

In the interests of justice, Judge w.
H. Gest exercised a privilege this
morning that has never been made use
of by judge in this county before as
far as is known. He summoned two
witnesses to appear in the ]. w. Halves
murder trial, both of them being men
whose evidence the state nor the de-
Tense cared to be bound by. These
men are Alfred Banks, step-son of the
defendant, and Ed Tillman, the particu-
lar friend of Banks. Both were in the
party of which Halves and the deceas-
ed, Peter DeGols, were members on
the night the shooting took place and
both of them testified before the grand
jury before the indictment against
Halves was returned. Later both left
the city and were arrested and brought
back after long hunt by the police.
They were then indicted for abscond-
ing as witnesses and were released
from jail only when heavy bonds had
been put up to assure their presence
when wanted.
Shrewd Move by State.
States Attorney L. NJ. Magill made
a shrewd move in refusing to bring
Banks and Tillman upon the stand as
witnesses for the prosecution. He had
become convinced that both Banks and
Tfllman were going to give testimony
which was in conflict with that given
by them before the grand jury and be-
fore the jury summoned by the cor
10 iyNN 70 he Oh 70
this taken place he would have been
forced to let their testimony stand be-
cause of a law which prevents either
side from impeaching its own witness
es. AS it is now, anything which Banks
or Tillman say on the witness stand
can be denied by the state and wit.
nesses brought to disprove.
When the state had about finished its
case against Halves, Judge Gest motto
ed that neither Banks nor Tillman had
testified, despite that their names ap-
peared as witnesses upon the indict-
ment The judge questioned the states
attorney and was told that the state
felt that the evidence of the two was
not needed and that if called it might
be inimical to the state. 1t was also
limited that their testimony might not
carry much weight in view of the con-
ficting stories they are alleged to have
told.
Can Remember Nothing.
The court decided, nevertheless, to
call the two before the jury, and it
was done. Judge Gest first examined
the witnesses. Banks went on the
stand first. To numerous questions
asked him by the judge he replied that
he did not know, could not remember.
was not positive, and the like. When
asked if he had drank beer on the night
of the shooting, he replied that he had,
but said he absolutely had no idea of
how much he had imbibed. Did you
drink thousand glasses?" asked the
court. and Banks replied, NO" Five
hundred?" was shot at him, and again
the answer was NO" did you drink
one glass?" was the next question. and
the answer was YES" whereupon the |
judge stated that he guessed the wit |
ness had some judgment as to what
had happened, and accordingly he |
turned him over to the state.
Quash m Indictment.
One of Banks best pleas for escaping |
the questions put to him by the state |
was that he could not reply for fear of |
discriminating himself on the charge of |
ahsconding as witness for which he
had been indicted. The state got |
around this, however. by declaring the |
indictment nolle pressed. Questioning
by both the state and the defense fail !
ed to get much from Banks or Tillman |
either, both of whom, according to Cor |
oner ]. F. Rose, were trying to render |
void the testimony they gave before |
the coroner's jury and which was dam
aging to Halves.
The state has practically completed |
its case, as the last two witnesses are |
not claimed by the prosecution, but are |
sipmly witnesses produced by the court |
in the interests of the people and |
whose testimony is not binding upon
the state. The defense is expected to
etc ~