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

superintendent since June /, and
previous to that time, since Oct. 29,
1912, had been assistant superintend-
ent. That the funds used to pay the
day laborers was State funds. Be-
came acquainted with Tong Oct. 2S,
1912. Tong had supervision Of the
construction of the buildings. Mr..
Tong hired men for construction
work. Some Of this work was done
by day labor. Mr.. Tong was there
in month of April, attending to his
duties. Funds were kept in the First
National Bank of Willmar, and an ac-
count was kept there subject to
check. The system by which men were
paid off included time check with
mark for each day worked, nature
of work, rate, etc., which was handed
to steward, who drew a check to pay
same. The laborer was required to
sign duplicate pay roll certifying
under oath that amount was correct.
On request Supt. Freeman produced
the time slip and cancelled check
used to pay off Gust Erickson and on
which the case was based.
The County Attorney offered the
time slip and check as exhibits 2
and "R."'' This brought spirited
objection from defendants attorney
who argued that the indictment had
not stated the offense specifically as
required by law in cases Of larceny.
An adjournment of two hours was
taken to give the attorneys time to
prepare arguments and cite cases in
point.
Court reconvened at 1880 O'Clock
and the lawyers began their argu-
ments, which continued for an hour
or more. Judge Qvale finally ruled
that the case had not proceeded far
enough for him to determine whether
or not the charges as made in the
indictment would be sustained by
the evidence.
DR.. Freeman was again called to
the stand and testified that the
check and timeslip had been taken
from the files of the State Hospital
and were the identical ones by which
Gust Erickson had been paid off. The
exhibits were submitted for the ex-
animation of the defendant and his
attorney and the latter cross-exam-
ined Supt. Freeman to some extent.
R. L. Noren, former steward of the
State Hospital for 1nebriates, but
now an employe Of the county and
City Hospital Of St. Paul, was called
He explained the duties of the stew
ard. He testified that the late DR.
H. A. Tomlinson was superintendent
in the month of April. The steward
had been authorized by the Superin
tendent to make out pay checks dur
ing month Of April. Witness identi
fed the check issued to Gust Erick
son. Said it was paid out of the con
tingent fund of the State Hospital
for Inebriates, and was delivered tC
Gust Erickson on order of Supt. Of
Construction Tong. On cross exami
nation witness identified the time
check and described method of sign
ing the pay roll.
The next witness for the state
was Gust Erickson. He stated thai
he lives at st. Paul and has resided
there for eight years. He had worke(
for Tong at the State farm. First a.
moving pile of clay, which he hat
| dynamited and last at laying drai1
tile connecting and draining thu
tunnels of the institution. The las
work had occupied three days. Whe1
he quit he had six dollars coming
tell anyone, who might ask hin
that he had $31.25 coming. Witness
went up to steward and receive,
check. He did not look at the fac
of same to see what amount wa
until he came back to the tunnel
when he saw it was $31.25. He toll
his associate that he had gotten to-
much money. Tong told witness t.
meet him down town. After. suppe
witness went to town and cashed tn
check at Carlson Bros drug store
after duly endorsing same. H
walked out on the sidewalk. MI
Tong stood at the Merchants Hote
corner and whistled for him to come
He went and accompanied Tong int
the hotel. Here witness: gave the el
tire proceeds of the check to Tons
The latter returned $500 to Witnes
and $3.50 additional "just for luck
which witness accepted and put !
his pocket. Did not see Tong agai
at Willmar before witness left.
On cross examination 4 by Alto
ney Donnslly, the witness becam