Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1914-07-18


mark William Brough. deputy sheriff.
was the last witness to be called be-
fore noon. and he testified that he did
make a return on the capias in the
Zimmerman case.
Take Adjournment
Further proof by the state in this
case was necessarily halted until Mon
day. The prosecution is aiming TO set
out that Zimmerman paid a certain
sum OF money to Bruner for his re-
lease from custody; that the matter
never came to the attention OF the
grand jury. but that Magill on infor-
nation brought the man into county
court and dismissed the case after fin
ing Zimmerman 81.
The most picturesque witness called
10 the stand so far in the case is B. +
Richardson. a powerful negro of a
happy disposition, who announced his
place of residence in slow. emphatic
terms as the city of Galesburg. the
county of Knox and the state of Illi-
nois. He gave his calling as deputy
sheriff and Waterman in the BurIing-
ton yards. though on cross examina-
ton he said he was only a deputy
sherin for the company and was rated.
specifically as a watchman.
The terror of the 'bos'" is what
Richardson is known as in Galesburg.
and knights of the road who travel
through this section are warned to
keep distance from this mans big
stick He assisted Ballard in making
the arrest of Zimmerman in the Bar
stow yards and the delivery to the
sheriff in Rock Island.
Well have to get along faster next
week than during the one that has
Just hnished,' announced Judge Graves
before he dismissed court at noon.
otherwise we'll hold night sessions
That's not a threat. you understand
merely promise"
Difficult to Prove.
II was made clearly evident from
the proceedings in court Yesterday
afternoon the line OF proof which the
state intends to introduce in the trial
TO establish the sufficiency of the nu-
merous overt acts charged in the in
dictment and the bill of particulars. TO
prove the conspiracy into which Bru-
ner and Magill are alleged to have
entered into. In the whole calendar
OF criminal procedure there is no crime
regarding which il is more difficult TO
introduce evidence that will withstand
legal objections and bombast than that
of conspiracy and unless there is care
ful advance preparation the lines are
apt TO be shattered without warning.
There are Is different cases cited in
the bill of particulars as the basis
for the overt acts in which the de-
PENDANTS are charged by the state with
irregularities in conduct The state.
in its examination of Walter Kittil-
sen, former deputy sheriff. showed il
intends 10 deal with each one of these
cases in its entirety. to bring out the
points Ringing on the alleged conspir-
acy to extort money from prisoners
and then the employment of the pro-
cesses of the courts of Rock Island
county to cover up the alleged wrong
doing.
During the day Judge Graves re-
peatedly stated his objection to the
call and recall of the same witness.
His idea. as he expressed it. was that
the prosecution. which has its inning
first. use a witness when put on the
stand to bring out all the facts intend
ed regarding all the overt acts he
might have knowledge of The
courts theory was that this would has
ten the trial by some days or weeks /
An attempt to carry out that sug-
gestion yesterday afternoon proved it
to be unwise procedure and before
court adjourned at o'clock. and after
listening to arguments by opposing
counsel pro and con. the court set
down the rule, once and for all, that
each case would be carried through
with to its conclusion, including the
cross examination, and If the witness
was needed in connection with anoth- !
er case he would have to be recalled. .
In examining Kittilsen under the
clear through to the end" plan, Pros
ecutor Wood brought in his connec-
ton. first with the Mitchell brothers
case, then the Manwaring case, the
Minnie Rogers case and the Alfred
fonda case. The court acknowledged
that II was confusing to himself. the |
jury and to the counsel on both sides
to keep switching from one 10 the otn- |
er before it had been clearly impress |
ed upon their minds as to what. If
any. proof in support of the allega- !
tons had been established from the
evidence offered.
One Case at Time.
Attorney Kenworthy for the defense
asked to reserve the right to cross ex-
anime the states witnesses at the
conclusion of testimony on all the
cases. rather than at the end of each |
one of them, but the court stood firm
for the same rule on both sides-one
case through to its conclusion before
another was entered. This plan may
serve 10 delay the conclusion of the
trial for at least six more weeks, but
the belief OF the court is that it will
prevent any confusion in the minds OF
the jurymen in following the many in
tricacies involved in the general
I'D