Evening Republican, Volume 14, Number 53, Rensselaer, Jasper County, 3 March 1910 — CONVICTED MAN MAY GET A NEW TRIAL. [ARTICLE]

CONVICTED MAN MAY GET A NEW TRIAL.

Technicality May Give Clinton L. Bader Another Chance to Keep Ont of The Penitentiary.

A technicality may keep Clinton L. Bader, general manager of the Winamac Bridge Co., from going to the penitentiary as the result of his recent trial . and conviction in Jasper county.

Bader appeared in court Wednesday when his attorneys, Williams, of Rensselaer, and Glazebrook, of Knox, argued for a rehearing of his case. The greatest stress was laid on the fact that the affidavit which Prosecutor Longwell had presented after the grand jury indictment had been quashed, charged Charles L. Bader with presenting a false and fraudulent claim to the county, while the man who stands convicted is Clinton L. Bader. There is no doubt that the man convicted is the man wanted, but the law provides a means for protecting the interests of the state that the attorneys for the defendant consider was not taken, and they are basing their hope for a new hearing for their client on this claim. The other objections of the defendant’s attorneys

were speedily ruled- against by the court, who took the matter of the confusion of names under advisement until he can satisfy himself of his correct position.

After Attorneys Williams and Glazebrook had spoken for almost two hours, citing various authorities for their claim, Prosecutor Longwell began his argument to the court began his argument to the court against a rehearing. Mr. Longwell has been ill, the work of the past week has told on him, and he was scarcely able to be out of his house, but he had come here overland from Brook and was suffering from a bad cold. He was hoarse when he started his argument but he soon warmed up and was making a most eloquent appeal in behalf of the state when he broke down in the middle of a sentence and sank into his chair. He asked the forbear-

ance of the court for a minute and left the court room, going to the judge’s private office. Several members of the local bar rushed to his side, a doctor who was present gave him attention and in a few minutes he had revived. It was an attack of heart failure and evidently the excitement was too much for him in his weakened condition. Judge Hanley had heard all the argument that was necessary. He informed Bader’s lawyers that he would overrule any objections they had made unless it would be the point above cited, which he took under advisement. The result is a matter of speculation with the local attorneys. Most of them seem to think that a new trial is absolutely essential. The ruling will be made within a day or two. In the meantime Bader has returned to his home in Winamac. If the new trial is granted, it will doubtless be venued to another county.