Jasper County Democrat, Volume 19, Number 53, Rensselaer, Jasper County, 30 September 1916 — MORLAN PERJURY TRIAL NOW ON [ARTICLE]

MORLAN PERJURY TRIAL NOW ON

Much Interest Manifested In Alleged Crookedness. INVOLVING COUNTY POOR FARM Case Not Likely to Reach Jury Until This Afternoon—Many Witnesses Being Examined. Not for a long time has so much interest been taken in any case tried in the Jasper circuit court as that being manifested over the cases of alleged perjury against Jay W. Stockton and Ernest L. Morlan, two prominent farmers of Newton township, which was set for trial Thursday. The court room was packed with spectators and many people were out in the corridor, unable to secure a seat during the trial. • These cases are the result of grand jury indictments returned last April, and charge both Mr. Stockton and Mr. Morlan with perjury in testimony given last February before Field Examiners Burton Stout and Ulysses Jordan of the state board of accounts, who were conducting an examination of the various county and township offices of Jasper county and also the Jasper Lecounty poor farm, and -the defendants are charged with having testified under oath to have seen the team or teams pf County Commissioner D. S. Makeever hauling corn from the said poor farm during the year 1915, when, in fact, it is charged, they did not see anything kind during said year. The quarterly reports of the poor farm superintendent, Jesse L. Nichols, shows that corn was sold to said Makeever in 1914 and was paid for, but the 1915 reports do not show that he was sold any corn during the latter year, and it is denied that he hauled or caused to be hauled any corn from the poor farm during said year. Being a county officer many people question the propriety of Mr. Makeever’s buying corn from the county at all, but it is probable that he had a legal right to do so, and it was stated by Mr. Williams in his opening statement to the jury that his two brother commissioners had acquiesced in the sale, in fact, had ordered the sale made to Mr. Makeever at a figure above the market price.

' Be this as it may, however, the defense is standing pat and has stated that it could prove by many witnesses that Mr. Makeever’s teams not only hauled corn from the poor farm in 1914 but also hauled corn from there in 1915, and the people of Jasper county are interested in knowing the facts. While both cases were set for Thursday, Mr. Morlan’s case bore an earlier number than Mr. Stockton’s, and his' case was called first. The state was represented by Prosecutor Hess of Kentland, Deputy Prosecutor Sands and Attorneys Parkison, Williams and Leopold, the three latter employed, it is understood, by . Messrs. Makeever and Nichols, and the latter three attorneys are conducting the prosecution entirely. The defense is represented by At* torneys Lowery of Indianapolis and Haljeck and of Rensselaer. The case against Mr. Morlan was taken up Thursday forenoon, and at this writing, Friday noon, the indication! are that it will not reach the jury until some time today. After the preliminary skirmishes over the sufficiency of the indictments the examination of the jury was begun by Mr. Williams for the state. Charles Cain of Rensselaer,

C. W. Beaver of Milroy and Charles Shroyer of Barkley were among the first jurors challenged, and Warren Robinson, C. P. Fate and Rex Warner were called to eupply their places. Among the questions asked of each juror was, if the penalty of two to twenty-one years imprisonment would influence their verdict in the event the defendant was shown to be guilty by the evidence introduced. After the state had temporarily passed the jury, Mr. Halleck for the defense questioned them as to their qualifications, and challenged Warren Robinson, C. P. Fate, Rex Warner, Malcom Clark and Harvey W. Wood, Jr. Harry Kresler, who had been called in jflace of Warner, was excused for cause, as was James McClannahan, called in place of Clark. Conrad Kellner was placed in the by McClannahan. The state challenged A. F. Long and Frank Donnelly, and Wilbur Criswell of Carpenter township took Long’s place and William Gratner of Barkley Mr. Donnelly’s place.

William Traub was also put on to ,take the place of one of the jurors challenged earlier. Ralph Johnson iof Barkley was put on in place of Harvey W. Wood. The ju£v as passed consisted of: Elmer Pullins.... Gillam Emmet Fidler. .. . Jordan Jack Hoyes. .Jordan O. L. Calkins. .Rensselaer Barney KolhOff.Marion Thoma? .Logan. Gillam William Traubßensselaer Wilbur CriswellCarpenter Conrad Kellner Rensselaer Ralph Johnsonßarkley . Joseph Lane. .. Newton It was 4:20 o’clock when the jury was finally “passed” by each side ■ and was sworn to try the cause. ■ The state then requested the court to separate .the witnesses, and all witnesses in the court room—perhaps 25 or 30—were directed to stand up and be sworn, after which the court ordered them to retire from the court room. but to be within calling distance, and for them not to go out being sworn and tell other witnesses what they had testified to. £ Mr. Williams made the opening statement to the jury for the state, occupying perhaps fifteen or twenty minutes in outlining the state’s case. He said that the evidence given by Mr. Morlan before the field examiners, the evidence would show, was false and was given maliciously; that the state would show that no corn was hauled by Mr. Makeever’s teams in 1915, and the record of all

sales made from the poor farm, kept by Mr. Nichols would show that none was sold him or hauled away by his teams Turing that year; that the employe of Mr. Makeever’s whom defendant testified he had seen hauling the corn would testify that he did not haul any corn from the poor farm in 1915. Corn was sold to Makeever in 1914 on direction of the other two members of the board of county commissioners.. Mr. Williams said it would be shown that there had been a bad feeling toward both Mr. Makeever and Mr. Nichols, and that defendant sought to injure them. The defense reserved its statement until later, and the prosecution begun the introduction of evidenefe by calling Bert Winters, a deputy in the office of the state board of accounts, and Mr. Parkison conducted the examination of the witness, which was chiefly to show the legal status of the field examiners and' the examination had been ordered made of the various offices in Jasper county by the state board, and that a letter had been received by said board prior to the ordering of the examination complaining about this alleged irregularity at the poor farm in 1915. (While this letter was produced and will no doubt later be introduced in evidence, it was not introduced at the time and the name of the writer was not disclosed). The order was Issued to Field Examiners Jordan and Stout on December 15, 1915.

Mr. Lowery for the defense only asked the witnesses a couple of questions on croas-examination. Field Examiner Jordan was next called by the state, and the examination by Mr. Parkison brought out that he had been employed as a field examiner since January, 1910; that Mr. Morlan was a witness before himself and colleague, Mr. Stout, in their examination of the poor farm accounts about February 23, 1916, and that Court Reporter Wagner had' been called Jn to take down his evidence in shorthand. This was later written out in full and sent to the headquarters office. One of these long-hand copies of the examination of Mr. Morlan was introduced in evidence and the questions and answers in full read and verified by witness. Mr. Morlan, according to the transcript, testified that he had lived all his life, thirty-nine years, in Newton township, within onequarter of a mile of the county farm; that he saw teams of Makeever hauling corn from said county farm both in 1914 and 1915 and two loads in particular on Saturday of the first week in September, 1915; that he did not know the name of the driver of the team, but he was a Bohemian employed by ’akeever, and that he recognized the team and wagon as Makeever’s. Had seen corn loaded into Makeever’s wagons at the poor farm both in 1914 and 1915 and go by his home; could not say whether the corn went to Makeever’s premises or not, but it was hauled by Makeever’s teams and he thought James Shelly, an employe at the poor farm had hauled a load or two of corn past nis place (which is west of the poor farm). He had seen about fifteen loads, perhaps thirty-five to forty bushels to the load, hauled in 1914 and perhaps nine loads in 1915, The state’s third witness was Burton Stout, the field examiner working with Mr. Jordan, who corroborated his testimony *s to the examination.

Court Reporter Wagner testified that he took down the evidence of Mr. Morlan before the field examiners and he read his original shorthand notes to prove that the longhand copy as read was' correct. The fifth and last wtiness of the state Thursday evening before adjournment was the Bohemian whom it was alleged by Morlan drove the team he had seen hauling the corn in September, John Seuk. .John is unable to talk much "United States” and, as the state and defense could not agree on Joe Thomas of Newton township as interpreter, Fhe court appointed Juror Lane and he was sworn to give a true interpretation of his evidence. Attorney Leopold conducted Mr. Seuk’s examination through Mr. Lane. Witness said he had worked for Mr. Makeever both in 1914 and until December, 1915. 'He now lived or was working at Hammond. Had hauled corn from the poor farm in 1914 but not in 1915.

Asked if he hauled any corn from the poor farm on September 4, 1915, witness said that he did not. Asked if he did not help thresh at A. % M. Yeoman’s on above date witness replied that he did during forenoon. Had pitched bundles. Stayed at Yeoman’s for dinner* then returned to Makeever’s where he fixed a straw stack and did other work. It was difficult t 6 get direct answers from witness and to each question translated to him by Mr. Lane he talked quite a bit in reply, but Mr. Lane translated the substance of his answers.

[, On cross-examination by Mr. Lowery witness was asked what he was doing on September g, 1915, he said that he was hauling fertilizer from Rensselaer.

, Asked what he was doing on September 12, witness studied for some time and gave no definite reply. The cross-examination had but just begun when the clock strifck 6 and court adjourned until 9 o’clock Friday morning. Attorney Elmore Barce of Fowler was looking after legal matters here yesterday. On resuming court at about 9:25 o’clock Friday morning Mr. Lower/ finished his cross-examination of John Suek, the Bohemian, trying to fix the work witness had dohe at other times, but witness could only’ remember the threshing at A. M. Yeoman’s on September 4, 1915, James Shelly, the next witness called by the state, 19 years old, has been employed at poor farm since August, 1914, and is still there. He hauled one load of corn in 1915 to Babcock & Hopkins’ and none was hauled to Makeever’s that year. S. E. Kershner, Henry Paulus, Ed Grant and W. F. Osborne bought corn at poor farm in 1915 but hauled it themselves. Witness was at A. M. Yeoman’s helping thresh September 4, 1915. Took dinner there. Finished threshing before noon, returned to poor farm and with another employe mowed weeds balance of day.

Cross examined by Mr. Lowery he did not remember distinctly what he did on other dates#except September 4. Remembered that date because the threshing run was finished then. Witness was before field examiners in February and also grand jury in April, 1916. Asked if he did not have a conversation in July, 1916, with Jasper Cooper, a former fellow employe, in which he told Cooper that he had stretched the truth a little on both above occasions in order to hold his job, witness vehemently denied having ever made any such remark. .

Clarence Knauff, another employe of the poor farm superintendent from March 27, 1915, to October 12, 1915, was next called. He had seen no corn hauled away from the farm by Makeever’s teams during this time. Cross examined by Mr. Halleck he said he saw Kershner get one load and Paulus two loads. If others got corn there during this time he did not know it. Helma Ruff of Monticello, a domestic at the Jay Stockton home during the summer of 1915, front May to the latter part of August, saw no corn hauled by Stockton farm by Makeever’s teams or men and did not hear any such matter discussed.

Cross examined by Mr. Lowery witness said Mr. Makeever and Mr. Williams had come to Monticello last week to see her and that she came to Rensselaer Thursday morning. Was met at train by Mrs. Nichols and taken to county farm where she had since been. Said she saw wagons go by the Stockton farm with high boxes but did not know or see what they were hauling. Did not know Makeever’s men, or teams. Had talked the matter over with Mrs. Nichols and latter had told her to tell the truth.

Edna Smith, now residing in Chicago, who followed Miss Ruff as domestic at the Stockton borne, did not know about any corn hauled in 1915, during time she was there, from about August 18 to October 1. Heard no talk concerning any such hauling by Makeever’s teams.. She was a stranger here and knew no teams nor drivers, M-r. Halleck brought out in cross examination, and corn might have been hauled by and she know nothing of it.

Nellie Grant, a cousin of defendant, was the next witness for l the state. She had lived all her life three-quarters of a mile west of the county farm. By her was fixed the location of other people residing between county farm and the D. S. Makeever farm. Witness was home all day September 4, 1915, and saw no corn hauled by there by Makeever’s teams. Knew date because of relatives, Mr. and Mrs. Ralston of Kalamazoo, Michigan, visiting there having gone to the Morlan home that day for dinner. Witness had had no conversation with defendant regarding the matter of any such hauling of corn on that day. Mrs. Ed Watson lived on the Martindale farm with her husband. Farm, lies between county farm "and Makeever s. Saw no corn hauled by her place either in 1914 or 1915. On cross examination said she did not know Makeever teams. Only knew one horse, a sorrel. * Mrs. Kershner, living just west of county farm, first house west. Saw no corn hauled by her home by Makeever’s teams in 5 and none that she remembered in 1914, Cross

examined by Mr. Lowery witness denied that she had an occasion of being out to Steve Koley’s home south of town in spring of 1916, said in presence of Mr. Kohley and Michael Kanne that she had seen teams of Makeever hauling corn by their home in 1915. She had not had any conversation with defendant at latter’s home about a team of MakeeVer’s going by with a load of corn, nor on another occasion at her own home. Had not seen anything of the kind. Mrs. Ralph Zeigler, a sister of Miss Grant an<f also a cousin of defendant, lived between pcor farm, and Makeever’s. Saw no corn hauled Viy there by Makeever’s teams in 1915. Was home all day September 4, 1915. Witness paid little attention to teams going by, she said, on cross examination, and knew no one working for Makeever nor his teams. Might have went by and she not have known about it. Albertus M. Yeomtin, cousin of Makeever, was superintendent in 1913-1914 of Halstead gravel road —new road between part of distance from poor farm to Maaeever’s. Saw corn hauled by Makeever teams and by his employe Suek and two poor farm employes, Shelly and Cooper, in 1914. - Saw none hauled in 1915. ,He threshed September 4, 1915, and Suek and Shelly were both there assisting. Finished threshing before noon. All hands stayed to dinner and then went home. Saw Suek at work at 4:30 that afternoon on passing Makeever’s. Was working on straw stack. Cross examination by Mr. Halleck brought out nothing material. Court adjourned until 1:30 p. m. The state had several more witnesses to examine and it is doubtful at this- writing whether the case will be completed this week. A continuation of the evidence will appear in the next issue of The Democrat. Later—The state would not finish its evidence today (Friday).