Evening Republican, Volume 59, Number 85, Rensselaer, Jasper County, 1 May 1917 — PAYNE ACQUITTED OF ROBBERY CHARGE [ARTICLE]

PAYNE ACQUITTED OF ROBBERY CHARGE

State Fails to Prove Theft and Jury Ordered to Bring In Verdict of Not Guilty. Lewis Payne, who was some time ago lodged in the county jail on a charge preferred against him by the state, of being implicated in the theft of the J. C. Gwin Overland from the Gwin garage a couple of weeks ago, was found not guilty of the charge Monday afternoon and was turned loose. Payne had been out on bail for the past few days, the bail having been furnished by his sister in Hammond. The case against Scott Chesnut on the same charge will come up in Newton county this month. In order to prove theft against a person it must be shown that the accused party must have liad in his possession the stolen pr perty. This the state failed to do and Judge Hanley' ordered that the jury return a verdict of not -guilty, stating that the state had not made their case against Payne. Payne stated on the stand that ne had been invited to go along by Chesnut, who -had the car, and that he had nothing to do with taking the car from the garage and thereby he was not in possession of it at any time. Jim Johnson, a wood chopper, was also on the stand and stated that he had been invited by Chesnut to take a ride with him, but that he declined. The acquittal of Payne makes it look black for Chesnut and would indicate that the latter was wholly at fault -in the matter.