Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1914-07-25
JUDGE OVERRULES
MOTION TO TAKE
CASE FROM JURY
responsibility for Verdict in Ma
oil. Bruner Case Rests With
Panel of Twelve Men.
Rem SCHRIVER ON STAND
Attorney in Zimmerman Matter
Claims 500 Was Paid Him for
Services as Counsel.

Resnonsibility for verdict in the
,,agiIi.Bruner conspiracy case will
81 with the Jury which has been hear
;nz evidence for the greater part OF
&c last two weeks. That was settled
,nis morning when Judge f. c. Graves
o~srr,,Ied the motion OF the defense,
entered Yesterday. for the court to in
s.ruct the Jury. Yesterday afternoon
The court denied the motion to strike
an, all evidence entered by the state.
This morning. after the decision on
the second motion. a third plea was
rade. This was for an instruction by
the court to the jury on the second
count Of the indictment. II was i'm
mediately denied.
The supposition is that the final move
br the defense before the side was
compelled to offer its evidence to dis
move that already entered by the
state. was 10 add more material to the
hill Of exceptions. in case such docu-
ment may be filed. Court adjourned
AZ noon until o'clock Monday morn
ing
The first witness called 20 the stand
bv the defense was r. c. Walsh. Jr-,
Of Davenport. vice president of the
Rock Island Southern lines. whose con-
uection with the Thomas X. Stark case
was made clear. Walsh testified that
he had a case pending against Stark
about the same time as the one against
the man for obtaining food and lodging
under false pretenses, preferred by the
Harper house management. II is in
this case that the 5000 draft episode to
which John Miller, former deputy
sheriff. testified to. was involved.
Walsh admitted that early in 1912 he
had several conversations with Magill,
iben states attorney. and testified to
his Indifference in the prosecution Of
Stark. especially after receiving a let
ter from J. II. Stark, the prisoners
brother, telling of the serious illness OF
their mother This letter. as part of
the proof of reason for MagilTs move
in Diminishing information against
Stark, was introduced as an exhibit by
the defense.
! number of Rock Island police Off
GERS we're then called to the stand. In
turn they were John Kinney, Dennis
Mccarthy, E. P. Kell. John Furlong
and William Gabel, who was a detec-
tive in the summer of 1912. In the ex-
hibits entered by the state of informa-
tons filed in county court against GER
tain prisoners whose release is charged
in the Indictment OF this case, the
names OF these officers were noted as
Witnesses. They were called to estab-
lish their knowledge of facts regarding
arrests and testimony in county court
and the evidence was largely of an in
formative character. to test the weight
Of the states exhibits and allegations.
SchriVer on Stand.
The chief Witnesses of the morning
called BY the defense were Benjamin
Sehriver and his brother, Mayor Harry
" Schriver, who were examined as to
their connections with the CAMEL
Zimmerman case. In the states tes-
umony during the week. Mrs. Thinner
man told Of conversation with Magill
In the states attorneys Office, in which
she paid over to him S13I or 1892
This money. Rene Van Speybroeck,
VINO was present. testified was to be
paid for an attorneys services. accord
ing 10 his understanding. At that time
ne stated Magill went TO the telephone
and talked with an attorney concern
ing the matter.
Ben Schriver was the attorney men
TONED. On examination today by At
iorney Dietz the connection between
the conference in MagilI's Office and
the conversation over the telephone
vas made. Schriver testified to the
ufne as the middle Of August, 1912.
over the telephone. he said, Mr.. Ma
sili requested him TO meet him at once
regarding case which he desired to
put In his hands Schriyer found IT
impossible TO 90 down town until in
me afternoon. AIagill, he said, was
compelled TO leave town at noon and
20 ne left S12O.S5 with Mayor Schri-
YER 10 be kept in trust by Ben Schri-
yer. This was the money, according
T" testimony. paid over by Thinner
nan for his release.
The witness testified to several sub
sequent conversations regarding the
zimmerman case with Magill. and on
80 -1dAhlLdAlOQ aQulltleQ ne ndu not
met with Zimmerman. his client, per-
Sohaliy, until the day before the case
against the prisoner was dismissed in
county court. when Schriver entered
&n appearance for Zimmerman and
vas fined 81 and costs.
Aagill and Schriver. according to
me testimony, visited Zimmerman at
as home near Barstow in November.
~ That time Zimmerman put his
eIoss 10 jury waiver which Schriver
hiled out and signed.
sehriver testified that in the con-
creation with Zimmerman at the lat
sers farm the question OF attorneys
ices was brought up. He told Tim
norman. he declared. that he would
ssk no more for his services than the
ainerence between the 800 OF the
money paid by Zimmerman and the
me the court would assess. To this
= imperman agreed and also stated II
! was not sufficient he would pay
more later.
Case Dismissed.