The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1913-12-19
Attorneys Wrangle VIII ether Book
Should Be Admitted
DEFENSE SCORED ONE POINT
Numb err Of Witnesses Go On the Stand;
Gun Expert Was Given Long
Examination
Especial to The Free Press.I


Blue Earth, Mimi, December IL
The defense in the Virgens trial
scored its first important point on
the states witnesses when Attor-
ney Albert Alien succeeded in pre-
venting an express way bill, GOV.
ering the shipment of the 52-cali-
Ter Savage automatic pistol, from
being admitted as evidence.
The state sought to have this lit
tie piece of railroad "flimsy" intro
duced as an exhibit in the case.
Il formed a connecting link in trac-
ing the shipment OF the revolver
from the John NJ. Smyth company
OF Chicago to its possession by Vir-
gems. In order to bring ont this
evidence the state put c. Holbrook,
train dispatcher for the Chicago and
Northwestern railway at Mason City,
on the stand. At the time the gun
was shipped, in February, 1912, Hol-
orcok was station agent and also
handled the American Express com.
pany's business at the same station.
Book Was Admitted.
Holbrook had his record book of
the express package was received at
with him. In this it was shown that
the express pacage was received at
Welcome, properly entered in the
book, and delivered to Virgens, he
receipting therefor by signing the
book &C. Virgens." Witnesses stated
that he did not recall seeing the
defendant sign the book but that
lie must have done SO or the goods
would not have been delivered to
him. This book was admitted in evil
dence, over the objections of Mr.
Allen.
A letter press copy of Agent Hol.
brooks monthly report for February.
1912, of all express handled was also
introduced. This showed an item of
a package received from the Great
Northern Express company from
Chicago, the shipment being indi.
Gated by the number of the way bill.
This letter press copy was also al
lowed in evidence despite Aliens
objection.
Too Many Buttng In.
The way bill, No IL, was then
offered and Mr.. Allen put up a
strong effort to prevent it's going
before the jury. The witness would
from which he had made up his
records as he had not marked or
checked it in any way. Much time
was taken up with objections and
arguments. Witness said: IF you
fellows would just quit butting in
the thing Dean finally admitted
himself stumped and the matter was
dropped with the way bill not be-
fore the jury. Replying to Mr. AL
len the witness said the way bill
might have been some place else
and never been in the Welcome Of
flee. He evidently suspected the
way bill might have been copy
CT the original but was not permit
ted to so state.
just before adjournment was TAX
en- for the day Holbrook was again
called to the stand and Mr.. Put.
ram endeavored to qualify him as
an expert on express matters and
in this way have the paper intro
duced. He then moved that the
way bill go in. The court took
until morning to consider his deci.
sion in the matter
Nicholas Was Recalled.
w. l.. Nicholas was recalled and
explained that he had restored the
shattered window pane with the
outside of the glass upward. He
proved this by the putty marks
Con. inued on Page Two.