Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1911-12-21
TRIAL OF APLEY CASE
Plan Pursued to Get Protection for
Girl by the Court

stand most of the time submitting
to cross examination and continuing
as witness. Miss Sullivan, a teacher
in Logan county, was also on the
stand during the afternoon and cor
rotated the story as told by the girl,
as having been told to herself soon
after the alleged occurrences. It was
also brought out in the testimony
that a plan was suggested by Lill-
ian, in which she should steal mon
ey and other articles from Miss Sui
livan, with the object of being ar
rested and placed under protection
of the court. This was done and a
preliminary trial for the offense of
stealing had in justice court and
case dismissed, after which the au-
thorities were asked to take an Off
cial action in regard to the graver
charges preferred against the de-
fendant Apley, and following which
the trial. was had in Logan county
with disagreement by the jury.
Two Divorces Granted
Judge Coffey granted divorce to-
day in the case of Carrie E. Dawson
VS.. John Dawson and Jacob thinner
man vs.. Maggie Zimmerman. There
was no appearance on the part of
defendants in either case.
The Apley case was on trial during
the entire day Monday and Tuesday,
the defendant being on the witness
stand much of the time. He denied
specifically and positively the truth
of the charges against him. Much
of the time was taken up in the dis
cussion of legal points involved in
the trial of the case. Arguments be-
gan this afternoon by attorneys.
Apley explained to the jury that
on one occasion he had been oblig-
ed to punish the girl by slapping her
for misconduct which he claimed
was deserving of punishment that
this had occurred but once. He said
that he had sent the children by his
first wife when young to he cared
for at an orphans home in Minneso-
ia; that the Oldest boy wac in Cana
da and the youngest of the first
children died when an infant; that
he had two boys and one girl. Lii
:ian, as children of his fret wife.
That he also raised family b7 his
present wife and claimed to have
provided for the care of his Oldest
children and to have received no aid
from the county in doing so.
Arguments were completed in the
Apley case at II o'clock Tuesday
night. The jury listened to argu-
ments for about ten hours. States
Attorney Kennan of Logan county
spoke for two and a half hours, and
John Knauf for the defendant, one
hour and half, and Judge Lauder
over two hours and in the evening
G. w. Thorp for the prosecution
spoke for about two hours. The
evidence, and every phase bearing
upon the same, was brought to the
attention Of the jury by the attor-
neys. The jury was charged in
clear and impartial manner by the
court, and retired to the jury room.
At 4 O'Clock this afternoon the
jury was still out debating the case.
The trial of the case will be an
one for Logan county. It
is said that the present trial will
cost some $4,000, and the previous
trial cost large sum. Should there
be another disagreement of the jury,
a new trial will have to be had or
the case dropped: The minimum
sentence which can be given the de-
fendant upon conviction is five years
in the penitentiary. It was former
ly ten years.
A Case Setted
A jury was impanelled in the
case of Will Bennett vs. s. Richards,
a suit over the possession of bug
gy, but the case was settled before
it came to trial.
The case Of Jasper Knudson of
VS.. N. P. Co., for dam
ages claimed by being thrown out Of
q rig, when horses were frightened
by gasoline car, with a wind shield,
was called for trial, G. 8. Buck ap-
pearing for the plaintiff and Attor-
ney Lawrence Of Ball. Watson,
Young and Lawrence Of Fargo, for
the company. Damages in the sum
Of $4,000 are asked for personal in
juries received at the time Of the
accident. which occurred near the