The pioneer-review. [volume] (Philip, Haakon County, S.D.) 1920-current, 1920-07-01
he defendants attorneys realized
hat the case might be tried, even


in the absence Of the girl, upon the
testimony she had given at the
preliminary hearing, which had
been reduced to writing and filed
with the court. This led them to
plan the taking Of the girls depos-
ition on behalf Of the defendant,
repudiating the story she had for
merly told. This would simply re-
duce to the form of proper evil
dence the letters she had written
to both the attorneys for prosecu-
tion and defense, and clear the de-
fendant.
The deposition was taken at
Tyler, Minnesota, by notary pub
lie, no attorneys appearing for
either side. 1t was assumed by
everyone that the depsition would
exonerate the defendent and end
the matter.
1t is hard to imagine the SUR
prise of everybody connected with
the case and the CONSERVATION
created in the camp Of the defend
ant when the deposition was re-
turned to the office of the clerk of
courts, and it was found that the
girl had now repudiated her repud-
iation and adhered to her former
story regarding the criminal com
duct of the defendant. This explo-
sion was on the eve of the April
term of court, and neither side
was ready for trial then. The de-
PENDANTS attorneys needed time to
get their wind again, and the state
had no confidence that it might
be able to get the girl to return
TO the state and tell her stroy up
on the witness stand.
The case was accordingly set for
trial last week, and the state re-
newed it's appeals to the girl. She
still refused TO return to South
Dakota, however, and she could
not under the law be compelled to
do so.
Consequently the state prepared
to try its case on the testimony
taken at the preliminary hearing
and the deposition the defendant
had so obligingly furnished from
the girl. In order to show to the
court it was impossible to get the
girl to return to the state, as a
foundation for introducing the
written testimony, telegram
was sent to the girl by the sheriff
with little expectations that she
would respond. Again she sur
prised everybody by replying that
she would come come, and on the
morning of the trial shn arrived
in Philip. Common language will
not describe the surprise of the
defendant and his attorneys when
she arrived. Their CONSERVATION
will go into the legal history of
this county, as most entertain
ing chapter. At this time we for
bear comment, much as we would
like to make it. Let the incident
pass by saying that it was full of
humor, bordering at times on the
deepest tragedy.
Again the defense resorted to
delay in order to get it's wind.
Judge Huges was disqualified be-
cause it would take day to get
another Judge, and the defendant
sadly needed that day. No light
broke through the clouds, how
ever, and on Friday morning the
stage was set in Pohle's Hall for
the hottest legal battle ever seen
in this county. The defendant as
sun1ed that Ella Benk would go
upon the stand with a strong story
for the state. and the only hope of
the defendant lay in breaking it
down by the contradictory letters
she had written and statements
she had made. Again she contrib
|uted surprise by going upon the
stand and. repudiating her repudia-
tion of her reputation. Doesn't
that make an ordinary mortal diz-
"? In word, she now reppdiated
her story Of the defendants Grim
|inal conduct, said her original
story was frame-up; that il was
induced by her father who was NOV
II -, 1H..L~ - :.