Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1914-07-17

counsel for the defense to the introduc-
ton of this testimony as evidence in
the case on trial. After Judge Graves
considered the chief objection. that the
evidence was at variance with the
facts of the bill of particulars. he over
ruled the objections and allowed the
witness to continue. The court main
tanned it is not for the court.to weigh
evidence or what the evidence estab-
fishes. II the court was satisfied the
evidence was admissible for the pur-
pose of assisting the Jury in determining
the facts of the charge of conspiracy,
it ought to be allowed.
Had NO Property.
Fetterman declared he signed the
bond. as did also Mr.. Burrill. a street
car motorman on the same car with
with. and that this was done in Brun-
er's office at the suggestion of Schri-
YER
AT that time, Mr.. Fetterman," asked
Wood. did you own any attachable
property"
No was the reply. MIR. Schriver
asked if l owned any property and I
told him no. Mr.. Burrill told him the
same thing. He then said you are the
men we want"
Justice J. II. Cleland was then called
10 the stand and identified his sigma
ture in proof of the recognizance in
the case of the People VS.. ]. b. Mitch
ell, filed with the circuit clerk June
20. 1912. He swore he knew none of
the circumstances surrounding the
framing of the bond or the facts as to
the financial responsibility of the
guarantors.
kittiIsen Called.
~alter Kittilsen. former deputy I'M
der Bruner. who declared he was in
charge of the books of the sheriff's
office from December, 1910. until DC
tober 10. 1912, was called to the stand
by the state on four occasions this
morning. The calling and the recall
ing of the same witnesses to take up
the same matters was a point for criti-
cism by Judge Graves. who declared
the trial would be expedited at least
two weeks. if a better method of ex-
aiming witnesses was undertaken.
From Kittilsen it was established
that Bruner and Schriver were seen in
the sheriff's Office with the recognize
ance in the Mitchell case. Also that
the capias from the county court TO be
served IN the Mitchell cases was re-
ceiyed in the sheriff's Office about Oc
tober 9, but that it was placed in a
drawer and never served during his
connection with the sheriff's Office, a
connection which ceased October 10.
The papers were then turned over to
the care of William II. Brough, deputy
sheriff. the witness stated. Further
examination revealed that Bruner was
out of the city from September 4. 1912.
until October Is. being in Colorado.
This was during the time the capias in
the case was received in the Office.
KittiIsen told of long distance con-
versations with Bruner during this
period, the first one of which was
about September 10. Then, the for /
mer deputy said. Bruner merely asked |
when /. was believed the grand jury |
voul likely adjourn. Other converse I
tions were had over the phone. but to !
all Woods questionings Kittilsen |
stoutly said the subject matter was /
about the same.
Talked in Bath House. !
The witness declared he held long
with Sheriff Bruner in |
Tom Murrays bath house, Davenport, |
October IS. the day he returned from ,
the west, but that nothing was said :
relative to the various cases which the
special states attorney cited-all of
them being represented in the bill of
particulars. Wood was endeavoring /
to secure statement from him con-
corning anything Bruner might have
said regarding his connection with Ma