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

The case of State of Minnesota VS..
l.. G.. Tong was dismissed last eve
ming at five o'clock, after the State
had rested it's case, on the motion of
Stanley Donnelly, the defendants at
torney, because, as Judge Qvale ex-
pressed it, Of "the fatal variance of
the proofs produced with the state.
ment of the offense in the indict-
ment."
We are authorized by the County
Attorney to say that this dismissal
will not end the matter as far as he
is concerned but that it will be inves-
tigated farther and this and perhaps
many other charges will be brought
before the Kandiyohi grand jury for
action.
The trial as far as it went was the
most dramatic and interesting one
heard in Kandiyohi County court
house for many year. During the
testimony of Gustaf Erickson, the
court room was breathless. His diff
f1culty to understand the language of
the lawyers put him to confusion many
times, but his straightforward and
clear answers to the questions that
to the minds of the listeners that he
was telling the truth although it put
him in tight place to do 50.
He refused point-blank to admit
that he had sworn to the affidavit
which had been carefully prepared for
him to sign by the uncle of the accus-
ed man and which was used to exon
crate him before the Board Of Control,
and all the arts Of one Of the most
skillful criminal lawyers of Mime
sofa could not shake him into an
admission that he had given such an
oath.
The Tong case was the first one
called yesterday morning on the
criminal calendar, before Judge G. E.
Qvale of the District Court OF Kandi-
yohi County, at nine o'clock. The in
dictment was read, charging the de-
fendant with larceny in the second
degree. The State was represented
by County Attorney Bitterness and
and the defendant by Stanley Don
nelly, a son of the late illustrious
commoner, 1gnatius Donnelly.
About two hours was spent in ex-
amining the jurors for bias. Sixteen
talesmen were examined. -Four OF
these were excused, viz: M. H. Eng
en-, Albert Gandrud, P. J. Haley and
Martin Syverson. The jurors chosen
to try the case were Hemming Mel
son, Jerry Johnson, William Johnson
L. Van den Einde, John TAFT, Jr., knut
Olson, NJ. ]. Kloster, GU. Johnson
VIM. Monson, Julius Larson, Andrew
S. Reigstad and William Henderson
After the jury was sworn a recess
of Is minutes was taken.
On re-assembling the State openec
its case, County Attorney Bitterness
outlining what the prosecution ex
pected to prove. After his preliml
nary statements regarding the es
tablishment Of the State farm, ane
the position held py the accuse>
AS Superintendent of Constructor
while the buildings were erected ant
equipped, he told of the method O
having off laborers. How among
these, Gust Peterson, had been h1ret
by Tong to do work for 81 a day. O1
the 18th day of April when he qul
he had $500 coming for three day.
wcrk. Tong had asked him to sa!
that he had $31.25 coming. Peterson
received check from the stewart
for that amount, cashed 1t and CAV
the proceeds to Tong, who gave re
terson $500 and an additional pres
ent of $3.50. Further would be show
that this was the means which Ton'
used appropriate the States money
The first witness called was Supt
Geo. H. Freeman of the State Hos
pital. He testified that he had bee1