Willmar tribune. [volume] (Willmar, Minn.) 1895-1931, 1913-10-15

confused at times and could not un-
derstand the questions. In the at
tempt to have the witness identify
the time check Mr.. Donnelly ran
across testimony which puzzled him,
and later appeared to make him gasp
when he realized what it might lead
to. The witness was positive that
he had been given no time check
nor had he seen one when he received
his bank check. Witness said he
knew that amount of check was
wrong il but had not gone back to
the steward =. to ~.have:-it corrected.
Attorney Donnelly then sprung the
affidavit signed by witness at St.
Paul which declared that the $31.25
received at Willmar was all his own
and practically denied all the testi-
mony he had given. He acknow-
lodged the signature but stoutly
maintained that he had not taken any
oath in connection with the same
Furthermore, he said he had
said nothing at St Paul about some
Of the things mentioned in the al
legged affidavit. He recognized in the
court room Patrick Ryan who had
prepared the paper and Mr.. Kiland
who was present when he signed the
paper. At the request of the County
Attorney, witness told how he came
to sign the paper. He related that
Mr.. Kiland had telephoned witness
wife that there was a job for Erick-
son to do. He came to Kiland's place
and sat down and soon Mr.. Tong
came in. Mr.. Tong's uncle had
promised to help witness collect
some money he had coming from one
Mr.: Case, and in order to please him
he made the assertion before Mr..
Ryan that the check he received for
$31.25 was his own money which he
had worked hard for, and signed the
statement. Witness admitted that
When Atty. Donnelly dramatically
waved the affidavit before the face
of the witness and demanded if he
had not sworn to it, the witness sat
cody and said, "No Sir" Then you
lied" shouted the attorney. Eyes SIR
answered the witness. "Why did you
lie?" shouted Donnelly. Because
Tong's uncle had promised to help
me- said the witness. The County
Attorney again questioned the wit
ness and he repeated his statements
He said he could not read the paper
which he was asked to sign and when
read to him had not understood it
fully. He had been taken to a small
room in the Ramsey County court
house to sign the paper.
The last witness for the State was
Senator c. w. Odell, who testified
that he was cashier of the First Ma
tional Bank of Willmar, identified
the check in evidence and certified
as to it's payment.
The State rested it's case.
Instantly Mr. Donnelly was or
his feet and moved that the court
instruct the jury to return a verdict
of mot guilty" because the State haG
not proven that the offense as state(
in indictment had been committed.
The court denied the motion.
Then Mr.. Donnelly moved tina
the case be dismissed for the sam.
reason. The language of the in
dictment was that the defendan
had taken and carried away th'
States money while the evidenc,
introduced had been to try to prov
that the money had been obtaine,
through false pretenses and the ali
Of an accomplice. The law demand
that the accused be given notice Q
the nature of the charge against him
and this, he claimed, had not beel
) given in this case.
j Judge Qvale, apparently very re
luctantly, said he felt constrained
owing to "the fatal variance betweel
the proof and indictment" to dil
miss the case. and 20 ordered.