Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1914-07-16

claim that certain acts were done in
furtherance of the alleged conspiracy
that it doesn't necessarily follow that
such claim is true. That in order TO
revive the statute of limitations there
must be proven some illegal act by
one or the other of the defendants
within Is months period. We say this
| has not been done"
| Attorney Wood took exception and
stated his theory that any time could
| be used to cite an Illegal date TO
prove a general conspiracy.
Judge Graves entered into the dis
cussion and finally called for resump-
ton of the examination of Smith, after
securing a promise from the state TO
produce certain evidence of an illegal
overt act touching directly on the con-
spiracy and coming within the statute
of limitations. 1t was agreed that this
proof necessarily would not have to
be entered right at the outset, so the
inquiry on the the Mitchell case was
resumed and spread on the record.
Don't read the newspaper accounts
of this case" warned Judge Graves to
the jurymen before he dismissed them
yesterday afternoon. Rely on your
own memories as to what transpires
here"
The judge even intimated that some
times the newspapers get things
twisted.
With this decision off his mind Judge
Graves intimates that he was now in
a position to give full and unhampered
attention to the trial of the present
case.
The mornings session resolved itself
into a time-killing exercise, an exam
pie of what may be expected during
the entire trial, which is to be beset
all along the course with involved ar
guments by opposing counsel on the
legal points and the filling of the of
fetal record with objections galore to
the questioning of the witnesses.
Object to Exhibits.
Attorney ]. T. Kenworthy appeared
actively in the case for the first time
this morning and entered objections to
practically every one of the exhibits
enterted yesterday afternoon by At
torney J L. Haas for the state. These
included the purported certificate from
the secretary of state to prove the
commissions of Bruner as sheriff and
Magill as states attorney, and the
various complaints, warrants, mitti-
muses., returns, recognizances and
transcripts in the cases of Thomas and
j. B. Mitchell. the papers in which
were identified yesterday afternoon by
Police Magistrate c. ]. Smith. The
court sustained the objection to the
certificate from the secretary of STAG
regarding Burners commission. be
cause of technical irregularities in its
makeup But the chief argument was
on the point, is l.. NJ. Magill and Law
renee NJ. Magill the one and the same
person,
The certified copy of the information
returned against j. b. Mitchell, as OBJ
tanned from the county clerks office,
bears the name of l.. NJ Masill as
states attorney, in typewriter form.
The bill of particulars citing this case
specified Lawrence NJ. Magill as inter
ested in the conspiracy with Bruner.
The defense objected to the introduc-
ton of the document as evidence, on
account of the discrepancy in the first
name of the states attorney The
state called Clarence Isaacson, deputy
county clerk, to the stand and after
much maneuvering and evasion of the
yolley of objections from the defense,
succeeded in securing his statement
that he believed L. NJ. Magill and Law !
renee NJ. Magill are the one and the
same person. He also produced the 1
original copy of the information, as
the best evidence.
Assistants File Papers?
II became known this morning to /
some of those following the course of
the trial that the defense is preparing /,
10 shake down testimony of the prose /
cution. which is laying lines. it is APP /
parent. TO set up the genuineness of /
the signatures of Magill to the various |
informatiOns filed in county court /
which led. it is charged in the indict-
ment, to the dismissal of cases for /
money consideration in which Bruner !
and Magill alike shared. The evil |
dence, il is limited. will show that in
practically every one of the cases al !
legged. the information was filed by |