Evening Republican, Volume 20, Number 235, Rensselaer, Jasper County, 30 September 1916 — MANY WITNESSES BEING CALLED [ARTICLE]

MANY WITNESSES BEING CALLED

Morlan Perjury Case Still Grinding Away—Many Witnesses Beipg, Examined.

The Morlan perjury case, which has been attracting the attention of the court for the past two days, is still grinding and indications point to >he fact that it will be at least two or three more dafys before the case,will be turned into the hands of the jurymen. Probably the largest number of witnesses ever called in a single trial here are being examined. Judge Hanley stated that he examined 28 Friday, and that new witnesses were being called almost hourly. The case promises to be a long drawn-out affair. Up until Friday evening the state had not finished examining her witnesses and it is supposed that there will be a great many for the defense also. The state is represented by Prosecutor Hess, of Kcntland, and Deputy Prosecutor Sands, and Attorneys Williams, Leopold and Parkinson. The defense is represented by Attorneys Lowery, of Indianapolis, and Halleck and Irwin, of Rensselaer.

So far. only state witnesses have been on the stand and all of . them testified to practically the same things, and each stated they had not seen any com hauled from the county farm to the D. S. Makeever farm, which was alleged by the defense, during the year of 1915, ‘"'The quarterly reports of the poor farm superintendent shows that com was sold to Mr. Makeever during the year 1914 and was settled for, but the report did not show that any com was sold during the year of 1915. Mr. Makeever being a county commissioner, there has been some question as to the legal right of Mr. Makeever buying said com. It is probable that he has a legal right and since the two other commissioners did not object it will probably be permitted in the future. Mr. Makeever contracted fpr the corn he bought at that time, at a figure above the market price according to the testimony. The defense is just as strong y in their contention that com was' hauled to Makeever from the county farm >n 1915, and state that they can prove it by many witnesses, whiclTyet remains to be seen.

During the Friday afternoon session of the court most of the witnesses called were farm hands who had worked n the Makeever section during the thrashing runs in September, 1915. Each testified that they had thrashed at various places in the neighborhood and all told practically the same stories, stating the dates that they had thrashed at different places, who the members of the thrashing run were, and that they had seen no grain hauled from the county farm to the Makeever farm. Mrs. Jesse Nichols was one of the strongest witnesses for the state during the afternoon and stated to the jury that no com had been sold to Mr. Makeever during the year of 1915, but that some had been sold to him in 1914, which was recorded on Mr. Nichols’ reports for the year of 1914. Witness stated that no corn was allowed to leave the county farm unless weighed by 1 Mr. Nichols or herself and that all other produce which was marketed was also noted in the reports. Witness stated that ’during the s eleven years Mr. Nichols had ‘been superintendent that thAy had been there continuously during that time and that no com could have been hauled away without their knowledge of it.

Theodore Wynegar, of Rensselaer, was 'also called by the state and was asked to repeat the conversation held by himself and Mr. Morlan on the train recently. The testimony was not allowed to stand, however, and the court reporter was directed to strike the testimony from his notes. Court adjourned at 5:30 Friday evening and continued again this Saturday morning at 9 o’clock. Four witnesses were examined this Saturday morning, all of them , for the state. Mrs. D. S. Makeever, wfife. of the plaintiff, was called to the stand and testified that there had, been no corn h&uled from the county farm to their home during the year of 1915. Witness also told of the different places where thrashing runs were made and who worked on these runs. Witness stated that com had been bought from county farm in 1914 and paid for. John Zimmer testified and told of bis dealings with Mr. Makeever and stated that he had neyer seen any corn hauled to the Makeever farm from county farm in 1915. Witness testified that be sold Mr. in the year 1915 for seventy-five cents a bushel. ; Jesse Nichols, superintendent of the poor farm, was the next witness called. Mr. Nichols told of his con-

nertion with the county farm and the methods employed by him in keeping the records of the produce sold from the farm. Reports were filed quarquarterly which showed the records of all haulings and the dates. Mr. Nichols also gave the names of the men employed by him for the work about the farm. Witness told of having sold some com to Mr. Makeever in 1914, for which he, received 70c a bushel, some few cents above the market price at that time. -Mr. Makeever saw the two commissioners at that time about the purchase and both gave permission to him to buy it. Witness stated that he always consulted the board of commissioners before making any sales. According to the testimony the hauling of the com was finished shortly after September first. Witness also stated that he had not sold any com to Mr. Makeover during the year of 1915, and that no com. had been hauled to the Makeever place during that year cither by Mr. 'Makeever’s teams or those belong 1 ng to the county‘farm. Mr. Makeever, was the next witness called by the state. Witness stated that he had been a member of the board of county commissioners for two years and that in 1914 the board was composed of himself, Mr. Marble and Mr. Welsh and that in 1915 it was composed of himself, Mr. Hershman and Mr. Welsh. Witness stated he had positively not hauled any corn from the county farm :n 1915, but stated that he had Jbou ght com there in 1914 and had paid for same at that time. Asked where be purchased com in 1915, witness stated that he had purchased com from Mr. Watson on the farm adjoining his and also of John Zimmer, in 1915. Witness stated that Mr. Watson came to him and wanted to sell him 1,000 bushels of com, but that he told Watson be did not have any place to put it at that time as all of his cribs were filled up. Mr. Watson told him if he would purchase the com he would haul it to him as soon as he got room, and Mr. Makeever bought the corn, paying seventy cents a bushel for it, giving Watson a check for S7OO, according to the testimony. However, when the com was delivered, Mr. Watson founds that he did not have 1,000 bushels and the difference was paid back by Mr. Watson. The com was hauled from April 6 to June 1, in 1915. The com was weighed and put into the feeders and cribs. Mr. Makeever told of having been called upon by a Chicago commissioner, who told him that he had seen a herd of cattle owned by Alex Elijah and that he thought Makeever could make some money by buying the herd at Mr. Elijah s figures. Mr. Makeever stated that he did not have the com to feed the cattle if he bought them and John Zimmer told him. that he would sell him enough more com to feed .the n if he would buy them, and upon these terms Mr. Makeever bought the cattle and also the com of Mr. Zimmer, for which he paid 75c a bushel. Ihe com was hauled from the Zimmer place to Makeever’s on Aug. 23-28, Sept. 4-7-13 and 20, and Oct. 8-13-14 and 20 and Nov. 1 and 2, and no other born was purchased in the year 1915, according to Makeever. Mr. Makeover stated that the com bought by him from the county farm in 1914 was worth a few cents less than he paid for it. .. . At this point court was adjourned by Judge Hanley until 9 o clock Monday morning, after giving instructions torthe jury. Mr. Makeever will again take the stand Monday morning. The jurymen in the case are: Elmer Pullins, Gillam. Emmet Fidler, Jordan. Jack Hoyes, Jordan. 0. L. Calkins, Rensselaer. Barney Kolhoff, Marion. v Thomas Logan, Gillam. _— — Wm. Traub, Rensselaer. Wilbur Criswell,^Carpenter. Conrad Kellner, Rensselaer. Wm. Gratner, Barkley. Ralph Johnson, Barkley. Joseph Lane, Newton^