The Brookings register. [volume] (Brookings, Brookings County, S.D.) 1903-1971, 1912-06-20
CIRCUIT COURT
IS IN SESSION
McALLlSTER CASE FURNISHES
PRINCIPAL INTEREST THE
PAST WEEK.
JURY D|SAGREts, STANDING 6 TO 6
Case is Hard Fought by the Attorneys
On Both Sides-Other Court News
During the Past Week.

~ h'S eSN WYNN
The State VS.. Rush McAllister has
been the principal cas- of interest in
circuit court this week. The case was
called Monday and occupied the time
of the court until Tuesday evening at
six o'clock, when it went into the
hands of the jury. The jury remained
in session all night and reported yes
terday morning that they were unable
to agree upon a verdict and were
discharged. 1t was reported that the
jury was evenly divided, six for con
viction and six for acquittal.
In this CASE McAllister was charged
with robbing the Model clothing store
in this city a year ago last March. At
the time, McAllister, whose home is at
Flandreau, was a student at the col
lege. The case was rard fought by
both sides and Rice & Benson OF
Flandreau, McAllister's attorneys, put
up a good defense for him. The state
was represented by States Attorney
Matson and Philo Hall.
The principal evidence introduced
by the state was the claim that Nc
Allister had been cen wearing a suit
of clothes that was among the stolen
property. The suit was of a peculiar
pattern and was recognized by Mr..
Graves of the Model, ne testified, at
an athletic contest at the college.
The thieves did not get the vest to the
suit and this co%rresponded exactly by
number with the coat and trousers
found on McAllister, according to the
testimony OF the Model firm. At the
time NcAl'ister claimed that he had
purchased the suit in Minneapolis, at
the Plymouth or Palace clothing
stores, but employees Of those stores
testified that they mad never had a
suit If that kind. The billing clerk Of
Hart, Schaffner & Marx, makers of the
suit, testified that this particular suit
had been shipped to the Model.
The defense introduced a number of
witnesses from Flandreau, who testi-
fed to McAlister's good character,
and they set up the claim that there
was absolutely no evidence connect
ing McAllister with the crime. The
evidence, according to their claim,
was too circumstantial to send a boy
to the ~penitentiary. The defendant
was not called upon to testify. His
parents and three sisters were pres
ent during the trial and this probably
had its effect on the jury.
The case of the State VS.. Fred
Raymond, charged with assault with
a deadly weapon with intent to kill,
was taken up yesterday morning.
Last fall Raymond took a shot at his
employer, John l.. Smith, an Argo
township farmer, slightly wounding
him. Raymond set up the defense
JHdl ne WdS tIdLtu Will llquol NHlNu
had been provided for him by Smith
and was not responsible. The jury
which went out at six o'clock, evil
IDENTIFY took his view, as they brought
in a verdict of not guilty about eleven
o'clock.
Frank Radoy and Tom Goodwin,
the two strangers, who worked the
deaf and dumb gag here some time
ago, were each given thirty days in
the county Jail, on a charge of obtain
ing money under false ~pretenses.
The case of C. L. Percival company
VS.. Jens Frandsen, was decided in
favor of the plaintiff, who was award
ed a judgment Of s1S6.66. Geo. E,
Baker VS.. O. f. Blake was decided in
favor of the plaintiff. A judgment OF
$S7.52 was awarded the plaintiff in
the case of Theodore Meyer VS..
Simon Tarrud.
The court took an adjournment last
night until next Monday morning.