The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-07-29
JURY WOULD NOT
OBEY The JUDGE
hEFusED TO FOLLOW INsTRuc.
TONS WHEN ORDERED TO
FIND vERlcT or
NOT GUILTY.

Towner, N. D., July 2s.--After be-
ing out for tweny.four hours the turv
IN the Trotter embezzIement case were
dismissed BY Judge Kneeshaw ana the
case was continued over the term.
Ine jury In this case has made q
record for McE1enry county In rafl1s-
ING 70 follow the instruction of thA
Judge. A motion was made hv a.
Iendants attorneys Monday afternoon
Tor . directed verdict which wa
granted and at $50, Judge Knaeaba j.
49, ucteu them to return a verdict for
ne ue1enaant OF mot guilty" the state
having tailed 70 prove their case and
AccorolnS to law no other verdict
coulo pc returned. The jury thought
otnerwise, however and after delfb-
eratlon for several hours, returned for
further Instructions Some of the iurv-
men thought 1t strange that the
Judge should take the case out Of
their hands entirely, and told him
80 put Judge Kneeshaw explained 10
them that the court was Responsible
and not the jury and that thew were
supposed to follow his instructsons
as to the law, He stated TO them that
the court was the Judge Of the law
ana the jury was the Judge of facts.
and that as the state had failed 10
prove their case, and the information
was illegal, that according to the law
they should find the defendant snot
guilty. No agreement could be
reached, however the vote of the iurv
being seven for acquittal and five for
conviction.
This case has caused considerable
feeling among those present at this
term OF court. especially those that
We're from Deering who were vitality
interested. This is the third time the
case has been in court, the last time
the defendant being taken sick with
typhold fever when the case was al
most ready to go to the Try
Inc case was called for trial Fri
day afternoon by Judge Burr and the
jury was drawn at that time. He was
called to Lakota to try the Sperry
case, and Judge Kneeshaw was called
In by him, arriving here Saturday
noon.
Attorneys Christianson, Pookway.
Palda and Engerud representing the
defendant and Attorneys Donneliv and
Sinkler represented the state. Consid-
cradle bantering was INDUCED in Sat.
urday afternoon by the attorneys with
the defense seemingly having the bet
ter of the argument. The books of
the elevator, several notes and checks
and the report of the auditor were in
troduced as evidence. after hard work
on the part of Attorney Sinkler who
was stopped several times bv obtec-
lions on the part Of the defense. The
notes and checks especially were
thought to be strong evidence an to
embezzlement, but a boomerang was
thrown in the camp of the state when
a deposit slip was introduced by the
defense showing the deposit to the
credit of the Farmers Elevator Co. IF
Deering, the amount of money claimed
to be embezzled.
Trotter was charged with embez-
element on fourteen counts, which in
cluded the embezzlement of oats.
wheat coal and money. The case has
cost the county in the neighborhood
Of $500 and as a new trial win he
had, several hundred will be added
to the above amount.
A motion for dismissal OF the ac- /
ton will be made before Judge Burr
July 81, a motion to that effect having |
been denied by Judge Kneeshaw.
Following are he names of those on
the jury who made new record for
McHenry county and possibly. the |
state, In refusing to follow the IN |
structions OF the court:
John Woodliff, Geo. M. Larson.
Emil Johnson, w. z. Profit. Alex- |
ander Gordon, y. w Seeley, Herman
Berggren, w Duggan, John johnson.
Wnn sieftka, Emil Bredeson, G. o. |
Bolen.