Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-11-26
COURT SAYS WRONG IDENTITY
Council Bluffs Man Cleared by Judge
After Hearing.
BANKER swEARs TO CONTRARY
n. v. Allen Of D1ufts ResiHtH
Regulation for Forgery and
Proves Officers Accuse
Wrong Person.


After hearing evidence that required all
afternoon 10 present. Judge Arthur az
Council Bluffs late Friday denied !
the application o. the governor OF MIS-
souri, upon the governor Of Iowa Tor tne
extradition OF II. y. Allen on the charge
that he had forged the name Of n. d.
Reece Of Savannah. Mo-. TO a check TOT
S525 and cashed It through the Bank OF
Buchanan County at ST. Joseph The con-
tentiOn that II was = case Of mistaken
Identity was sustained by apparently I'M
pregnable evidence showing that the
Council Bluffs Allen was not the r. X.
Allen, who worked such smooth ana
masterful game upon the Savannah ana
St Joseph, Mo, bankers. At the end OF
the testimony introduced in the habeas
corpus hearing in the district court Judge
Arthur denied the application for eX-
tradition and ordered the discharge OF
Allen.
Fight Stubborn One.
The fight was OF the most stubborn
character on both sides. Evidence sus-
tanning tho application for extradition
was given by w. p. FuIkinson, president
and Cashier Overlook Of the Bank OF
Buchanan County, who positively idenu-
fled Allen az the man who presented the
forged check and negotiated its collection.
They felt certain they could not be mis-
taken, ana pointed out all OF the little
peculiaritles that distinguish Allen from
other men. In the capias issued for the
requisltion the date OF the first stage OF
the crime was fixed at October 30. when
Il should have been September 30. when
! and
met the man who Represented himself az
r. X. Allen. a wealthy ranch ana STOCK
man. and induced Reece 10 write his name
in a rassbook. and which later appeared
on the check in exact facsimile. Boti
men testified TO the presentation Of IN
check and tine close questioning OF tins
stranger, who finally left 1t for collection
on October IL and appeared again OF
October Il to receive the money after tn
check had been sent to savannah 70
collection. Their testimony was strougl'
sustained by comparison OF the writlni
on the check with acknowledged spee
. mems of Aliens handwriting. They wer
strangely alike, and the bankers sal
; every expert chirographist would say the
were written by the same hand
In opposition to this came an ARA,
/: OF Testimony that could not be doubted
: showing that Allen was in Council Bluff
: working in the regular discharge OF HI
! duties Tor Nurseryman Smith on tn
/ dates the transaction occurred IN 81
| Joseph. This evidence was submitted b
half a dozen OF the employees OF Nursery
! Imam smith, sustained in several IN
, stances by unlmpeacilable documentar
{ evidence. Mr.. Smiths evidence, whic
!, formed a strong part OF the defense, wa
( largely documentary. His books Shove
! that Allen was engaged in the work 9
/ making special deliveries srt n October
' to October. ~ and that OIL the 18th h
: acconipanJed him 20 the train IN his d.
!. parture for Nebraska on a COLES ton an
I, delivery trip He showed bank DRAFT
I sent by. Alien from odeli, Neb., en- Oh
e 18th, two IN one day and others on a.
3 i following day. The order book Shove
that Allen had delivered orders to a nun
!. Der OF people in Council Bluffs, some q
h prominence, on the three days mentioned
: Llveryman Weatherbee went on tn
stand and swore than on the 18th, i2t
: ana 18th of October he furnished a de
! livery wagon to Allen and proved Il b
q his books. Smith, his employer, produce
e q receipted bill for the rig.
2 burlington railroad freight bills pal
y by Allen for goods sent from the Bluff
II In odelI, showed that he was there o
e October II and received the shipmen
|, j. NJ. Shea, bookkeeper for Smith, VIII
n has known Allen Tor seven years. swol
Y to his presence here on the dates mel
y toned Half a dozen other fellow en-
~ ployes did the same. one Of them WI
se helped Allen in the local deliveries Q
le those days proSuced memoranda
"a book containing the dates and the Loo
Mt tons OF the deliveries Of nursery stoc
:, A stronger alibi could scarcely have bee
* made,