Daily capital journal. (Salem, Oregon) 1903-1919, 1916-04-18
MOTION FOR DIRECTED
VERDICT IN TURNER
CASE IF OVERRULED
Judge Kelly Holds That Evi-
dence Tends to Support
States Contention

Judge Kelly this afternoon over
ruled the motion of the defense for a
directed verdict after the state rested,
in the case of the state of Oregon
against Rex Turner, charged with mis-
appropriation of state funds in connec-
tion with the alleged ticket frauds at
the state fair This ruling of the
Judge was q serious blow to the de-
fense as it has been rumored about town
for several DAYS that it was not in
! tended that the case should go to the
jury if it was possible for the defense
to prevent it.
Attorney John A. Carson and his as
soeiate Judge Charles McNary each
made a mastery presentation of their
side of the case and presented strong
arguments in support of their eonten-
tions that the judge should instruct the
| Jury to return a verdict of acquittat
/ Judge Kelly ruled yesterday that the
alleged confession which was secured
| from Turner should not be admitted as
evidence and it was conceded by both
sides that the alleged written confes-
sion of Cleve Simpkins could not be ad-
mitted as evidence against Turner since
Simpkins was codefendant with Turner.
The Judge ruled that the alleged ad-
mission of Turner could not be con
strued as a confession.
Say Not States Money.
Attorney Carson held that the state
had not proven that it was state money
that was converted, if there was any
shortage. since the state board of agri-
culture is corporation of itself and
not a part of the state. He held also
that the statute under which Turner is
being prosecuted has no bearing in this
case as the fair corporation is not held
accountable to the state for any ad-
mission funds or money received from
concessions at the fair grounds and is
held accountable to the state only for
state appropriations, and it is not con
tended that Turner appropriated any
state appropriations to his own use.
Again Attorney Carson states that
evidence was introduced to show that
Simpkins was seen to put a single
ticket into his pocket, but nothing was
introduced to show that Turner ever
received the ticket or sold it or refused
to turn the money over to the state.
Attorney Ringo answered this by stat
ing that it was hardly probable that
either Turner or SimpIins wanted the
ticket for "souvenir." Attorney
Carson further contended that no form
al demand had been made upon Turner
for the payment Of the funds alleged
due the state. In reply to this Attorney
Ringo stated that when the settlement
of the day was made that evening that
! Turner was supposed to have turned in
all of the money due the state and that
Iany held out was to be construed as a
refusal to comply with the implied de-
mand. In this connection Ring0 re-
Icalled the count of the tickets which
showed that total of 2ll6 were in the
boxes and that Turner's accounts
showed that only 2025 had been sold.
OF this number Turner sold 1882 and
two other ticket sellers sold 265 and
l2S respectively.
; Holds It Is state Money.
The Judge in over-ruling the motion
said that he would hold with the state S
attorney that the state fair was a state
institution and would hold that state
fair money was state funds. In regard
to the alleged demand fora settlement
the court ruled that there was no
= necessity on the part of the state to
make further showing that q formal
= demand for a settlement had been made
since tickets worth $S66.25 were shown
1 to have been in circulation that day
while only $S45.25 was turned in and
/. the fact that the $S25.25 was turned in
indicated that some demand was either
E made or implied.
The Judge summed it up by saying
I that the evidence tended to make 9
showing in support of the contentious
of the state and that since nothing
must necessarily be proven, and he did
not wish to be understood as asserting
that it had been proven, but the eyi
dence must merely tend to show that il
would support the contentious Of the
state and accordingly the judge over
ruled the motion for a directed verdict
and the defense saved an exception tC
the judges ruling.
The taking Of testimony began about
? 4 clock yesterday afternoon after the
18th juror was accepted by both sides