New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1915-01-20
Two Decisions
Are Reversed
STATE SUPREME COURT SETS
FREE A SELF-CoNFEssEp
INcENDIARY.
RoBY, OF ST. PETER, MUST GO
TO SALTWATER FOR HIS
oFFENSE.

TO SALTWATER FOR HIS
| oFFENsE.
The State Supreme Court Friday
directed the release of James McLarne
from the State penitentiary at Saltwater
where he has been confined upon a
charge OF arson in the first degree.
Warden Reed is ordered to turn Nc
Larne over to the Sheriff of lie Sue,r
County for new trial.
McLarne was convicted in February,
1913, of setting fire to barn near St.
Peter belonging to Adna Pettis, relative
by marriage. The burning, it was as
serted, was done because of family row.
Pettis taking exception to McLarne's
marriage to his mother-in-law, who was
81 years of age. McLarne was IS years
old.
The prisoners conviction was brought
about largely by an alleged confession to
the State Fire Marshal and the County
Attorney of lie Sueur County. The
Supreme Court in directing McLarne's
release and ordering new trial, says that
confession alone is not sufficient to con-
vict. It holds that under the statutes
there must be other evidence that the
offense charged has been committed.
The Court further says that, under the
statute, the crime Of arson requires proof
not alone of the fact that building was
burned, but also that the fire originated
through criminal agency. In view .of
this, the Court finds that the evidence
presented at the trial was insufficient to
prove that the crime of arson was COM
mitted.
Dissent to the findings Of majority
Of the Court was made by Justice Hallam.
In the case of Frank Schultz, respon-.
dent VS.. Lewis Duel, appellant which
went up from Redwood County, the
lower court was reversed. The syllabus
in this case reads as follows:
Plaintiff was injured by the running
away OF team with which defendant
was husking corn in his corn field.
Defendant was husking beside the wagon
with the reins fastened to the side of the
wagon. 1t is conceded that this is a
proper and customary manner of working
with an ordinary team. Held, there Is
no evidence that this team was run
away team or so wild or unsafe as to
make it negligence for defendant to use
it for husking corn in the usual manner.
Harry Roby, who was convicted in
Nicollet County for the crime of carnal
knowledge of female child under the AGE
of IA must serve in the state penitentiarv
at Saltwater the sentence imposed ON
him by the Court. The syllabus in this
case reads as follows:
A prosecution for the crime of carnal
knowledge of female child under ID
alleged to have been committed Nav 30.
evidence of second offense committed
upon the person of the same child on a
subsequent date is admissible. Where
the County Attorney at the close of the
states case expressly elected to proceed
to judgment upon the first charge it Il
unimporsant whether or not the method
of proof followed by the state constituted
an implied election to SO proceed.
F
2. Where two offenses of this char
acter are proven, it is not error for the
court to refuse to require the state to
elect upon which charge it will proceea
until the close Of the states case.
8. The County Attorney called the
wife Of defendant as witness for the
state. Defendant claimed his statutory
privilege and excluded her testimony
Held, the action of the County Attorney
in calling the wife was not misconduct
though defendant, before he was indicted
had notified the County Attorney that he
would object to the evidence of his wife
either before the grand jury or elsewhere
or otherwise.
4. Certain conduct Of the court and
OF the County Attorney reviewed and
held to be not improper.
Order and judgment affirmed. HA-
lam, J. Brown, G: J., dissents.
81 - s5fss e &
Miss. N. Lothes. representative Of
the New Ulm Roller Mil at Chicago,
was here visiting the mill the past week.
Miss Lothes succeeded her father Who
ior many years represented the Roller
Mil IN Chicago. She stated th,t small
dealers win find It veey hard g do mi
me- On account of the exceedingly hieh