Jasper County Democrat, Volume 19, Number 54, Rensselaer, Jasper County, 4 October 1916 — MORLAN PERJURY TRIAL STILL ON [ARTICLE]

MORLAN PERJURY TRIAL STILL ON

Case Will Probably Not Reach Jury Before Thursday. ATTRAGTIN6 MUCH ATTENTION State Rested Monday at 11:30 A. M., and Defense Started Introducing Evidence in Afternoon—Evidence Is Confusing. The Ernest L. Morlan perjury trial which begun in the circuit court last Thursday afternoon is still grinding, and the prospects, as The Democrat goes to press, is that it will not reach the jury before Thursday. The state rested Monday forenoon after, having introduced a large number of witnesses to show that no com was hauled from the county farm in 1915 and to show the whereabouts of the men who are alleged to have hauled corn from there on one day in particular, September 4, 1915. Apparently the state had made out a pretty strong case, but when the defense begun to introduce its evidence in direct opposition to that of the state those who had heard all the evidence were in a quandary and did not know where they were at. At this writing some strong testimony has been introduced by the de-' sense and it is said more is to follow.

The Democrat has tried to be fair and impartial in its report of the proceedings and will continue so to the end. It prints a synopsis of the evidence as it was given, to the best of its ability in the brief space it can devdte to the trial, and ventures no opinion as to which side is right in the matter. The public wants to know the truth, and apparently the court is disposed to let everything in that will shed any light on the question of whether or not corn WAS hauled away from the county farm in 1915 to the Makeever place. It is evident that someone is mistaken about it, and it is for the jury to decide which side this is on. A summary of the evidence taken since our Saturday issue follows; On the reconvening of court shortly after 1:30 o'clock Friday afternoon the cross-examination of Albertus M. Yeoman, witness for the state, was resumed but nothing of particular importance was brought out. Mr. Yeoman’s examination in chief had to do with the date of the threshing at his place in 1915 and as to the parties who assisted in the threshing. The next witness for the state was Carl Wichborn, a young foreigner, who testified he had worked for D. S. Makeever on the latter’s farms for eight or nine years. Witness assisted in the threshing at A. M. Yeoman’s, which he said was on September 4, 1915, and told of others who were there, including John Suika and James Shelly, who had hauled the corn, it was alleged, in statements made before the field examiners. Witness also testified as to Suika’s work on straw stack at Makeever place during balance of afternoon, after going home from Yeoman’s. Witness had not hauled nor seen any corn hauled from poor farm in 1915, but corn was hauled from the Martindale farm and also from John Zimmer’s during that year. Cross-examined by Mr. Halleck witness said that he went to see John Zimmer, the thresherman, as to the date of the threshing at Yeoman’s. He was not sure of the day

of the month but knew it w r as early in September and on Saturday and that Zimmer had the date in a memorandum that he kept of threshing jobs. Did not remember whether it rained that day or not, but thought not. Witness hauled no corn from poor farm in 1914 himself but some five or six years ago and hauled corn from there. Saw Shelly after threshing in 1914 at Makeever farm. Did not know whether Suika hauled any corn in 1914 or not. Was away from Makeever’s a part of 1914 and did not go back until after threshing time. If any corn had been hauled there in 1915 from county farm witness would have known it. Charles Otterburg, also employed at the Makeever farm, corroborated other witnesses as to dates of threshing at Yeoman’s. Whs witness before grand jury. Got threshing date from John Zimmer at Makeever’s suggestion. Charles Schleman testified as to September 4 being the date of the threshing at Yeoman’s. He .pitched oats in the field and told of Suika and Shelly being there. Elijah iHarp

worked for Schleman during threshing season of 1915 and witness had cancelled check dated September 4, 1915, which he had given Harp in payment for his labor, Yeoman’s job finishing up that ‘‘run.’* Elijah Harp was next called by the state and corroborated in part evidence of others as to threshing at Yeoman’s. Witness had walked out to county farm and rode with Shelly to Yeoman’s. Returned with Shelly after dinner, the threshing having been finished about 10:30 o’clock. Cross-examined by Mr. Halleck witness could not say for certain whether Schleman gave him the check at Yeoman’s, on day of finishing up threshing there or not. thought not. Sylvester Gray testified that he had held the position of county highway superintendent for nearly three years; that he was appointed by the board of county commissioners and kept a record of dates’ he was working on different roads. Found by referring to this record on September 1,2, 4 (and several other days) in September and October, 1915, was working on county farm

road near poor farm. Jake Gilmore, Frank Shide and B. G. Oglesby were working with him; saw no corn hauled from poor farm during this time except one load by Henry Paulus which went east and thence on road leading south to latter’s farm home. Cross-examination of witness brought out nothing of importance. Jacob Gilmore corroborated testimony of Gray. On cross-examina-tion by Mr. Lowery witness said he had recently talked to Nichols and Gray about the case. Frank Shide corroborated testimony of Gray and Gilmore, and on cross-examination said that he had talked with Nichols on Wednesday night last. Had referred to his memorandum book and found that he was working on the road September 3 and 4, 1915. The testimony of the above three witnesses was that work was being done on September 4 immediately west of the poor farm buildings and between the poor farm and the Mor-

lan home. Arthur Watson, on the John Martindale farm, one-half mile of Stockton’s and three-fourths mile from Makeever’s, was next called. Saw Suika and Shelly hauling corn in 3 914. Did not see them haul any in 1915. On cross-examination by Mr. Lowery witness said he was on threshing run with Makeever in 1914 but not in 1915. Thought the Makeever “run’’ in 1915 was finished before run witness was on. Ralph Zeigler had lived on the Dr. Hansson farm two mile? west of Rensselaer and between the poor farm and D. S. Makeever farm. Remembered date of September 3, 3 915, because had bought hi's auto that day. It was on Friday. Next day, September 4, witness had come to town twice, saw nothing of any corn being hauled from poor farm. Ed Grant, cousin of defendant, lived three-fourth? mile west of county farm; had lived there all his life, had always known Makeever and known Nichols for many years. Did not see Shelly nor Suika hauling corn in 1915. Was home September 4. On cross-examination witness "was not sure whether he was home the Saturday following September 4 or not. Witness had testified before the grand jury, he said. S. E. Kershner lived first house west of poor farm for last five years; ?aw no corn go west from county farm in 1915. Cross-examined by Mr. Lowery he was asked if he knew Stephen Kohley and Michael Kanne? Said he did. Asked if on a certain occasion out at Kohley’s last June or about that time, he had not said in the presence of Kohley and Kanne that he had seen corn being hauled from the poor farm in 1915 and it was a crooked deal and ought to be investigated. Witness said that he had said he saw a load of corn on the scales at the poor farm in 1915, and If there was anything crooked it ought to be straightened out. Thought it wa? about the last of June he was at Kohley’s. Witness had later learned that it was Paulus’ team he had seen on scales and at the time, did not know that Paulus had bought corn at the poor farm. Witness admitted that defendant had frequently ?hod his (witnesses) horses, but denied saying to defendant on one such occasion or the oc-. casion when a team was seen on

the poor farm scales; “They were hauling corn in 1914 and they are at it again in 1915.” Joe Woolever, 22 years old, had worked for John Zimmer for the past three years, corroborated other witnesses as to date of threshing at Yeoman’s. Harmon Clayton, 22 years old, works at John Borntrager’s now, worked for John Zimmer in 1915. Corroborated other witnesses as to date of threshing at Yeoman’s. On cross-examination by Mr. Halleck witness said he remembered date by fact of Mrs. mother having died on September 1, the day they begun threshing at Zimmer’s, and that this was the Saturday following that they • were at Yeoman’s. Zimmer also threshed at the county farm in 1915 but witness could not remember the date. Did not remember other dates other thhn those of first week of September, 1915.

John N. Zimmer, son of the aforesaid John F. Zimmer of Newton township, testified that he was away part of the summer of 1915, was in Colorado. Come home August 26. Helped thresh Monday, August 30, at Charles Schleman’s; finished at Schlemafi’s then went to John F. Zimmer’s; ffinished at Zimmer’s Wednesday, and Thursday and Friday threshed at Makeever’s, then went to Yeoman’s, where they finished Saturday forenoon. Cross-examined by Mr. Lowery witness said his father was a partner with D. S. Makeever in the hog buying business and had been for several years. " On re-direct eaxmination witness said he went home from Yeoman’s and hauled two loads of corn to Makeever’s. Saw' Suika and Otterburg at work on straw stack. Witness did not pass by the Morlan home when hauling this corn to Makeever’s.

Mrs. Inez Nichols, wife of the superintendent of the comity farm, was the next witness for the state. Mrs. Nichols w'as very positive in all her testimony and her answers could easily be heard throughout the court room. She had been matron at the poor farm eleven years August 31 last. Said “if any woman in Jasper county stayed at home it was Jesse Nichols’ wife.” She told of the help employed at the poor farm in 1914 and 1915, of the sale of corn, hay and other produce; if her husband was not there she did the weighing, but had instructed James Shelly so that he sometimes did some of the weighing now; all produce sold to private individuals was always weighed on poor farm scales. Witness had known Mr. Makeever for many years, in fact they were in high school together in 1886. In 1914 two of Makeever’s men hauled corn from poor farm with Makeever’s teams: Cooper and Shelly, employes of the poor farm, also hauled corn to Makeever’s in 1914. Makeever “did not get an ear from the poor farm in 1915.”

On Saturday, September 4, witness was very busy in cleaning up the brick building—the inmates’ house —and brightening everything up for the annual visit of the county council, county commissioners, auditor and county attorney the following Tuesday. Witness also testified as to Shelly going to Yeoman’s to help thresh on September 4. On cross-examination by Mr., Halleck witness said she could not tell how many loads of corn were hauled to Makeever’s in 1914, but thought she weighed five loads herself: had not the record at hand. Could tell

from that; was very positive that no corn was taken from the poor farm on September 4, 1915, or any other date by any employe or by Makeever’s team or teams.

Theodore Wynegar, John Deere plow salesman, had lived in Ren?selaer four years; had traveled with defendant between Rensselaer and Shelby on milk train the Saturday morning previous to this trial. They got to talking about taxes being high and witness told of remark? made by defendant derogatory to some of our county officers. The defense objected to this testimony, but Attorney Leopold for the state insisted that it should be heard to show the malice and motive of defendant. The court sustained objection of defense and instructed the jury not to consider it in any way; for the jury to pass it over as if they had never heard It at all. John Rush, trustee of Newton township, was next called to testify as to a little trouble that occurred beween the defendant and Mr. Makeever at a precinct primary held in Newton township four years ago last March. But it developed that tjie attorney for the state had misunderstood Mr. Rush, and this trouble w%k not between Morlan and Makeever, but between Morlan and John Zimmer and arose over some remark made by Mr. Makeever. Morion and Zimmer “mixed,” but John succeeded

in separating them before any great amount of blood was shed, while at the same time Makeever was keeping a bunch of beligerents off his own person. Witness knew that there had been bad blood between the parties for some time. Court adjourned at 5:30 until 9 o’clock Saturday morning. SATURDAY’S PROCEEDINGS Court reconvened at 9:30 Saturday morning and the state resumed the introduction of evidence. The first witness called was Mrs. D. S. Makeever, wife of County Commissioner D. S. (Swaney) Makeever. Witness testified that she had lived in Newton township about twentyfour years; that her husband had 800 acres of land there; told of the farm employes in 1914 and 1915, who they were and their duties; said that sometime'in the absence of husband or one of the trusted employes from about the farm buildings she weighed corn that her husband bought and which was hauled there during his absence; a record of all corn bought and from whom was kept. No corn was bought or hauled from county farm to their place in 1915. Corn was bought in 1915 from others, however. Her husband had cattle feeding at the home place and also on an eighty opposite the Blue Grass school house in 1915. The latter place was about one mile from the home place, witness said on cross-examination, and there was some timber between the two places. Witness did not weigh any of the county farm corn in 1914, it was weighed at the county farm and taken at those weights. Jfehn F. Zimmer, for fifteen years a resident of Newton township and who resided one and miles from D. S. Makeever, testified that he had been associated with Mr. Makeever in the stock buying business for about twelve years. He run the threshing machine that threshed at Yeoman’s and also at the poor farm in 1915. Kept a record at time of doing work of threshing and read from memorandum book o£ threshing at Yeoman’s on September 4 and the amount of grain threshed. Memorandum book shown to jurors and passed around for examination among them. Witness corroborated evidence of others as to Suika and Shelly at Yeoman’s on September 4. On cross-examination by Mr. Lowery witness said that AJakeever was a part owner in the threshing outfit and that he threshed at the poor farm also in 1915; had four jobs on what was called the home “run” and eleven or twelve places on other “run.” Was asked for date of threshing at poor farm, to which question the state objected, but the defense announced that it did not propose to rest on the date of September 4 and the court overruled the objection. Witness then stated, on referring to his memorandum, that he threshed at poor farm September 25 and 27. It developed that the memorandum of the county farm dates and figures were on a page preceding that of the Yeoman date and figures. Witness was asked to explain this and said that he made his memorandum without regard to order of pages and usually made the record up bn the separator taking the figures from the dial on the weigher. The defense seemed to think that the Yeoman entry did not look just right and asked witness if said entry had been made on the same day and with the same pencil. Witness replied that it had. Mr. Lowery passed the book back to the jurors and asked them to carefully examine the entry again which they did. The court thereafter examined this memorandum book.

Jesse Nichols was the next witness called by the state. He had been superintendent of the poor farm for eleven years; told of help employed on the farm in 1914 and 1915; said he went before the commissioners, he thought, in June, 1914, and asked their advice about selling the corn then on hand; was considering selling. it to Babcock & Hopkins; price then was about 65 or 66 cents per bushel; Commissioner Makeever objected to selling at that price, said it must bring 70 cents. Board was then composed of Makeever, Welch and Hershman. Later Makeever talked to witness about buying the corn himself and witness told him to see the other two commissioners about it, and they later sold It to Makeever, so Makeever told witness, at 70 cents per bushel, which was a little more than the market price at that time. Makeever got 932 bushels and 30 pounds corn in 1914 and witness weighed fifteen of the twenty loads, he thought, his wife weighing the balance.

A record of the corn harvested in 1914 was kept and the help was paid by the bushel for husking. That Is, the two regular men at the farm were hired by the month up to husking time, but during the husking season were paid by the

bushel for the corn husked. The corn weighed over the scales and the bill for husking presented to the commissioners for allowance. After the husking season was over they resumed work at the monthly wage. This record showed that one man husked 800 bushels and the other 776 bushels in the fall of 1914, 1,576 bushels was all the corn raised in 1914. All the corn sold in 1915 (grown in 1914) was as follows—the witness not being able to give the precise dates of each transaction:

E. H. Grant, 1,650 pounds, at 73 cents per bushel. S. E. Kershner, one datg being July 29, got 770 pounds and 320 pounds, a total of 1,090 pounds, at 73 cents. Henry Paulus hauled at three different times, one date being August 7. He got 3,420, 3,570 and 3,570 pounds, a total of 10,560 pounds, at 75 cents per bushel. Mr. Paulus bought a total of 200 bushels at 75 and later got one load at 70 cents, the price having gone down. He got 3,640 pounds at 70 cents. This corn was paid for at two different times. Paulus got twenty-one bushels and thirty pounds to make up the balance of the 200 bushels that he had bought at 75 cents before he had got that at 70 cents. Witness thought Paulus got this corn in September. W. F. Osborne of Rensselaer, witness thought, about September 2 got thirty bushels and fifty pounds, at 75 cents per bushel. L. C. (Huston, also of Rensselaer, in October got founteen bushels and forty pounds at 60 cents per bushel. A. J. Keeney in October got sev-enty-five bushels and sixty pounds, at 60 cents.

W. F. Osborne, witness could not tell whether in October or November from the record from which he was reading of the sales, got 2,940 pounds, at 60 cents per bushel. A. J. Keeney, date not given, got 2,730 pounds, at 60 cents. Babcock & Hopkins, date not given, got 6,090 pounds, at 60 cents. Witness thought this made 582 bushels. He fed all not sold. Had some old corn on hand in 1914, making about 2,000 bushels in all on December 1, 1914. Thought he fed about 1,300 bushels in 1914 and 1,4 00 bushels in 1915. He sold no corn to Makeever in 1915 and none was hauled during that year except as above stated to witness’ knowledge. All the above corn was hauled by the purchasers, except that sold to Babcock & Hopkins, which was hauled by employes of the poor farm.

The commissioners, county council, auditor and county attorney were at county farm and took dinner there the first Tuesday in September, 1915, Witness told of Shelly going to Yeoman’s to help thresh the Saturday previous. Cross-examination by Mr. Halleok: Witness said that he had been superintendent of the county farm ing id»n to Makeever farm in 1914; thought Makeever’s team, driven by Bohemian, came after the first load in September, not earlier than that. Makeever gave witness check for corn and same was turned over to county; witness said eight or nine cows were kept at poor farm in 1915, ten to fifteen horses and colts, forty to fifty head of hogs, of which ten or twelve were brood sows and balance were raised on farm; also kept quite a number of chickens; number of inmate? of poor asylum run from ten to fifteen during year; hogs were fattened on place and sold or killed there; sold twenty or thirty head of hogs to John Zimmer. Witness was very positive no corn was hauled in 1915 from poor farm toward Makeever farm; two loads were hauled by employes of farm to Babcock & Hopkins elevator; all other corn sold was hauled by purchasers as stated in direct examination. Witness saw Zimmer in Rensselaer Saturday afternoon, September 4, 1915, and latter told witness they had finished threshing^that forenoon at Yeoman’s. Witness did not think any of Makeever’s teams were at county farm in 1915, they hauled no fertilizer from there but witness got some fertilizer from John Zimmer that year; got fertilizer at Makeever’s place. After Makeever had bought corn in 1914 jirice went higher; corn was bought fry Makeever at August meeting of commissioners in 1914.

Nichols recalled to stand by state. State attempted to show what occurred after Makeever bought the corn in 1914 to cause'price to advance, but objection was made and court sustained same. D. S. Makeever follewed Nichols on behalf of state. Witness stated that he was 47 years old, was born and had lived practically all his life in Newton township; had been member of board of county commissioners for more than, two years last past; when he first went on board

his colleagues were William Hershman of Walker township and Charles Welch of Carpenter township. Visited with other members of board, county council, auditor and attorney poor farm September 7, 1915. Witness resided about three miles northwest of county farm; bought and fed stock and bought considerable more corn usually than he raised. Fed cattle in 1915; com fed to them from “feeders” which were filled about once a week. Witness referred to memorandum book of corn bought in 1915; had his own cribs filled full in early winter; Arthur Watson, neighbor on Martindale farm, came to witness and wanted to sell 1,000 bushels of corn; told Watson his cribs were full and could not buy it; Watson said he would keep corn and haul it when witness could receive it; would like money now and witness bought corn and paid Watson 70 cents per bushel, giving check for S7OO. Watson hauled corn, beginning April 6 and finished in June: witness weighed most of this corn: Watson did not have quite 1,000 bushels and paid back to witness the difference. Witness and John Zimmer went to see a bunch of cattle in July. 1915. in Newton county, that a Chicago commission man had told witness “was some money in”; cattle belonged to Alex Elijah. Witness decided he would not buy them as he did not have corn enough to feed them. Zimmer told witness he would sell him corn at 75 cents if he would buy the cattle. He bought them and Zimmer hauled him 2,000 bushels of corn, all but one jag which witness’ men hauled one Sunday when they had run out. This corn was all hauled from August 23 on, witness giving dates. Zimmer lives one-half mile north and threequarters east of witness’ farm. Bought no other corn nor got no other corn in 1915 except as above stated, and 2,000 bushels of son-in-law, Bradford Poole, of Barkley township, which was hauled beginning January 12, 5C7 bushels of George Tudor from latter’s: farm west of witness’ farm. This was hauled beginning January 29 and this corn filled up cribs for winter. None of this corn was hauled past poor farm. Witness told of purchase of county farm corn in 1914 about as stated by Mr. Nichole. Witney got r.o corn from county farm in 1915 nor di* his teams haul any corn from there nor any other place except as stated above. Neither did the county farm teams haul any corn to him. Court adjourned at 12:10 p. m. until Monday at 9 a. m., and the usual instructions were given jury not to talk of the case nor to permit others to talk with them about It. .

MONDAY’S PROCEEDINGS It was 9:.*. r > when court convened Monday. Former County Gsmun'?sion Ilershman of Walker township was put on stand before completing examination of Mr. Makeever. Mr. Hershman told of the sale of the corn to Makeever in 1914. Said Nichols came before board in June when corn was 65 cents and said there was about I,ooo' bushels to sell and thought they had better sell it. Hershman and Welch thought best to sell it, but Makeever said it should bring 70 cents; witness remarked that 65 cents was a good price and they might have to take less if they held it, and at July meeting tfhe price had dropped to 60 cents. Witness and Welch “joshed” Makeever about it and latter said it would yet bring the 70 cents. At August meeting the price was again up to 67 cents and Makeever said if you want to sell it “I’ll give 70 cents”, for it. Witness said, “Well, so far as I am concerned you’ve bought t.” On cross-examination by Mr. Lowery witness said that he had not thought anything about the propriety of selling it to Mr. Makeever, a member of the board, or that the taxpayers might wonder at the teams of a county commissioner hauling corn away from the county farm. Never gave the matter any thought at the time. No record was made of the sale at the time so far as witness knew. The examination of Mr. Makeever was resumed following Mr. Hershman, and it was at this time that witness told where he bought corn in 1915 to fill his cribs that winter, from Bradford Poole and George Tudor. Witneso told of the threshing at his place in 1915, September 2 and 3, and a check for $8 given September 4 to William Durant for two days’ labor stacking straw, was identified by him. . Witness had been acquainted with defendant twenty-five or thirty years. Asked as to any previous trouble between them, he said defendant had not spoken to him ih four years. Cross-examined by Mr. Halleck witness said his trouble with defendant began several years ago

when defendant wanted w‘‘-css to vote for his father for trustee of Newton township, and he refused to; said defendant and his father had frequently made slurring remarks in his presence, directed toward witness. Asked what they said he replied, “They called me a Democrat.” This caused considerable merriment in the court room, Aid after it had quieted down witness was asked if ha considered it an insult to be called a Democrat? "It was the way they said it,” he replied. Witness told of other instances where they had had words. Asked as to entry in Zimmer’s memorandum of threshing at Yeoman’s having been made at two dfferent times or with two different pencils, witness said it was just as he saw it first, and he thought it was because of the center of the sheet being more firm than that at the outer edge when one was writing without having the book placed firmly upon something.

Teams from poor farm came to his place and got fertilizer in 1915, but brought no corn there. Witness owned a half interest in threshing outfit and Zimmer the other half, but he was not a partner with Zimmer in the fertilizer sales. Explained about getting fertilizer at his place, saying Zimmer had failed to order that for poor farm as directed and wanted him to let poor farm have a part of his. This was done and Zimmer was paid by Nichols for same. Witness did not think anything about any adverse comment beng made as to his teams hauling corn from the county farm in 1914. Could not see as it made any difference «o long as it was paid for. Mr. Lowery asked if it did not occur to him, being a county commissioner, he was both the seller and the buyer? State objected to question and objection was sustained. Witness said he did not testify

before field examiners but was called in conference with them. Asked if he £ad not been admonished about sugh transactions as this 1914 corn matter, state interposed objections and same was sustained. Witness was asked regarding the securing of witnesses in the prosecution and the expense of securing them. Also regarding the employment of extra counsel, and he said he employed Williams, thought Nichols employed Parkison and that they would divide expense of Leopold, as the writer understood the answers. Mr. Makeever was on the stand about one and one-half hours Monday and perhaps one hour Saturday-

John F. Zimmer was recalled and asked again about threshing entries in his memorandum book. He said all the entries had been written by himself. He identified a check he had given John Zicknrund for $33.80 for labor, dated September 3, 1915, and told about the giving of same on that day.

Charles Welch, county commissioner, corroborated other testimony given as to corn sale to Makeever in 1914. Witness said he had first objected to sale of the corn to Makeever because of the greater distance to haul it than to Rensselaer, hut Makeever said lie would haul half of it himself. Witness then said, “All right, let ’er go.’’ Witness said no record was made of the sale and that it was not customary to make a record or notation on docket of sales of stuff at countv farm: same came in with next report of superintendent and that was all the record they had. As he remembered corn was 57 or 58 cents per bushel at the time they sold this to Makeever in 1914 at 70 cents.

Cross-examined by Mr. Lowery witness said he had not thought at the time of any adverse comment being made by the taxpayers seeing Makeover's teams hauling corn from the county farm. Witness saw Omar Morin n (father of defendant) at Fountain park in August, 1914. Hid not sav to Morlan that “Makeever had took matter of sale of this corn in his own hands and the other two members of hoard had little to do with the sale," although the patter was discussed. Witness had never bought any corn himself from county ■ farm. . ~

Xichols feeajled and questioned about corn fed at county farm in 1014 and 191,5, but court held this matter bad been taken up before and this would he a mere repetition. Stale Rests Shortly before noon, just after the re-examination of Nichole, the state announced tint it rested its ease, after bavin" examined Its witnesses since the case started Thursday afternoon. Several more witnesses will probably be called later in rebuttal.

}lr. Lowery for the defense merely said to the jury in lieu of an extended statement of what the lines of the defense would he, that the defendant admitted that he made the statements complained of before the field examiners and that he would show hv reputable witnesses that they, too, had seen corn hauled from the county farm In both 1914 and 1915 hv Makeever’s teams. Mr. Lowery’s statement was little if any more extended than we have given it above.

Court then adjourned until 1:30 p. m., when the defense opened with placing the defendant on the stand. Defendant said he was 4’o years old, unmarried and had lived all Jim life with his parents one-quartffi mile west of county farm; that he knew the employes of the county farm and of Makeever, also knew the teams or part of them at both places; saw teams of Makeever and county farm hauling corn from county farm in both 1914 and 1915 and cited a number of specific instances; saw' about nine loads hauled in 1915 and believed several loads were hauled that he paid no attention to; cited one instance when he and his father were going home from town with a load of lumber and saw Makeever's team loading corn in county farm crib driveway; heads of the team were beaded toward road and he recognized them as Makeever’s; a little later saw team pass his home with wagon load of corn. August 12, 1915, was the date, witness said referring to a bill of the lumber bought at J. C. Gwin’s lumber yard at the time. Witness gave names of Asa W. Sawin, Jphn Brietow, George Seibel, Earl Adams, witness’ father, Omar Morlan, and a gentleman from Michigan, Mr. Ralston, who was visiting

as having seen teams of Makeever hauling corn from county farm in 1915. Also on one occasion wheli going home from town with his mother they had seen Makeever’s team and men loading corn into a wagon at county farai. On afternoon of September 4, 1915, when Mr. and Mrs. Ralston of Kalamazoo, Michigan, were at their place, witness, Mr. Ralston and Witness’ father were out at the roadside in front of defendant’s home, lookng at Mr. Ralston’s new mobile that he had driven here in; witness and Mr. Ralston were screwing up grease cups on machine and witness had got under machine to screw up cups there. Just atfer he got out from the auto two teams, one from county farm driven by James Shelly and one from Makeever’s driven by “Bohemian John’’ Suika went past, going west. Both wagons were loaded with yellow corn. ‘The Ralstons were at their place from perhaps 11 to 4 p. m. that day. Mr. Ralston married a cousin of defendant. On another occasion, in July, 1915, when A. W. Sawin of Rensselaer was at the Mcfrlan home looking at some hogs a load of corn went west past home of defendant; witness said on two or three occasions in 1915 he had seen teams of Makeever at crihs at county farm. Witness said team was a sorrel and a brown, sorrel horse carried its head in a peculiar manner. “Bohemian John” Suika was driving the Makeever team each time he saw it, and James Shelly the county farm team on the occasion he saw it.

On September 4 witness said they all got in Mr. Ralston’s auto and came to town about 4 or 5 o’clock. Did not see Sylvester Gray or Gilmore at work on county farm road, but did see Shide, about forty roads east of poor farm. Noticed a team tied to a wagon, thought it was Gilmore'S.

On one occasion when witness was trying to rig up a binder for John Bristow by mounting it on a keg 'because of the wet season of 1915) when Bristow, Siebel and Adams were present a team of Makeever’s drove past with a load of corn, going west. On another occasion, about July 7 or 8, defendant testified, he was over to S. F. Kershner’s, who resides between Morlan’s and the county farm; defendant had smarted home, had reached the road. AMrs. Kershner was standing on the porch and her husband in the barn lot, when team of Makeever pulled out from county farm and Kershner said “There comes Swaney’s man with another load of corn from the county farm. They hauled it away from there last year and they are hauling it again.” Defendant waited by \ the roadside until “Bohemian John” came along When he got upon the Step of the wagon and rode to his home; said the triple box—these wagons always had on a triple box was loaded with corn. Witness sold Sawin hogs in July, 1915, delivering them on July 15.

The cross-examination of defendant was by Mr. Parkison, and was very thorough. Witness reiterated more in detail what he had testified to in the direct examination. Witness was asked about a certain conversation he had with T. G. Wynegar and told Wynegar the “court house was filled with a bunch of crooks, and that he had the goods on Makeever.’’ Said he talked with Wynegar in the morning, on the milk train, when going to Hammond, but _ had no conversation with him in the evening and did not say that Makeever had been trying to run witnesses out of country; said he did make some such remark about the court house being filled with crooks and Wynegar agreed with him, and said, “Hop to it; I would like to help you.” Asa W. Sawin of Rensselaer was the next witness for the defense. Mr. Sawin is a stock buyer; had lived in Rensselaer five years; was out at Morlan's about July 12, 1915, looking at some pigs; while in hog lot with defendant and perhaps his father, although witness was not sure about this, he saw a load of corn going west. iHe wondered at it going west instead of toward town, and asked who was hauling corn out that way, and defendant said, “Swaney Makeever.” Witness said it was a dark colored team, driver was rather young apparently and quite stocky; wagon was loaded with yellow corn, had triple box. Witness did not know' that he had ever seen driver before or since; was within sixty feet of team as it passed by; witness paid little attention to team or driver; thought man had mustache. Agked If he would know the driver, witness said he didn’t •think be would. (The description given of the driver fits "Bohemian John’’ and the court asked that John be called in to see if witness could identify him. Court attaches hunted for John but he was not about the

court house.) Wtnesa paid for pigs July 15, 1915, and identified a check issued that date to Mr. Morlan on the Trust & Savings bank for S4O in payment therefor.

Asked if he had later learned who the team belonged to, state’objected, and at first the court overruled the objection, but finally after the jury had been excused and the matter argued at length and authorities cited, the answer that “Morlan said it was “Swaney Maiceever’s” was ruled out, the court confessing that it had been wrong in the first ruling, and for the jury not to consider this answer at all, to forget they had ever heard it. Also answer to question, did you learn whose team it was, and witness’ answer, “Yes, sir.” Witness was at Morlan’s perhaps fifteen or twent minutes, then went on west to Elizur Sage’s and passed the same team and wagon load of com in front of Dr. Hansson’s place, where Ralph Zeigler lives. Paid no particular attention to it. Was at Sage’s looking at his hogs, which were in the barn, perhaps a half hour. Saw nothing further of the team when he came out from there.

The court asked witness if he saw anything of this team in driving out to Morlan’s, and he said he did not. This was important, as witness drove a car and if the team had come from east of the county farm he would likely have seen and passed it when he drove out to Morlan’s. Witness said he had not talked with anyone until Morlan subpoenaed hiin. Nichols had been to see him and he told Nichols what he had seen as testified to. Latter told him he was mistaken about the year, but witness said he was not mistaken.

Asked if he had a conversation last week with Frank Kresier in the Ford salesroom and had told Kresier he could not see what was in the wagon, witness denied having said anything of the kind. On cross-examination by Mr. Leopold, as to where he first met Attorney Lowery of the defense, witness said at the depot when he returned from Lafayette where he had gone to see Mr. Hughes.

Mr. Hughes? echoed Leopold, as though he wondered who in Sam Hill Hughes was, then it dawned on him that witness meant the Repubcandidate for President, and fi“ asked him if it was he that was meant, and witness said it was. -Mr. Lowery had come in from Indianapolis and Jay Stockton, who was at the depot to meet him, had introduced witness to him; this was the first time witness had ever met Mr. Lowery. Witness then told Mr. Lowery what he had seen of the alleged corn hauling;'

Witness had also had conversation with Makeever one time about the matter and the latter had told him he was mistaken about date; that he did not see this -in 1915, but witness knew that it was in 1915.

On re-direct examinatioriv^kness said he saw Mr. Lowery both coming in on same tranp that evening—but he did not know him and had no conversation with him until introduced to the attorney at the depot.

The testimony of Mr. Sawin was unshaken and probably had more weight than any other testimony introduced Monday afternoon, as he is known to be an honest, truthful man and had no interest in the matter whatever. He did not know whose team it was, however, except what Morlan told him %t the time, and this answer was stricken from the record and the jury instructed not to consider it. Witness had given the matter no further thought after Morlan's reply to his inquiry. Omar Morlan, father of defendant, the next witness. iHe is 71 years old, he testified, and had lived wiiere he now resides since he was 14 years of age, one-quarter mile west of county farm. Defendant is his only child; had known Mr. Makeever since latter was a small boy; knew some of Makeever’s teams and employes by sight; also knew county farm teams and employes. Witness corroborated testimony of defendant as to occasions when he had seen teams of Makeever and county farm pass his place. His birthday comes on September 2, and last year they had a birthday dinner at his place at which several relatives and friends were present. It wras the Saturday following this, September 4-, that the Ralstons were at his place and they had seen the two loads of corn go past as testified to by defendant.

The £nly important testimony brought out on cross-examination was regarding the work done on that end of the road, west of county farm, and witness said no work was done there until the Monday following, or September 6.

Jasper Cooper of Kniman, a son of the late William Cooper, a former commissioner of Jasper county, was

the next witness. He testified that he worked at county farm in 1914, until September when he quit because he could not stand the way Nichols treated the inmates; said he took a vacation of a couple of weeks and when he returned conditions were no> better and he quit; said he and Nichols got along fine personally and the latter took him to the train when he left there. .Witness hauled eight loads of corn from county farm in 1914 to Makeever’s. Witness said he had a conversation with James Shelly on the road near the county farm last July, abput the mjxldle of the month, when Shelly told him he was afraid to tell the whole truth in his testimony before the field examiners and board of accounts for fear he would lose his job the county farm.

On cross-examination witness admitted having before board of commissioners after he had quit poor farm to try and have Nichols removed; said he had first gone to home of Commissioner Hershman and told about conditions at county farm and Hershman told him he would like to have Makeever hear his story. Witness would not admit that Morlan urged him to go before board or that they had an agreement that both should go before the board; said Morlan came in after he got there. Never had any trouble with Nichols himself. Witness said he was employed by the C. & W. V. railroad and lived at Kersey from May 10, 1915, until September 1, 1916, when he went to Gary where he is now employed in the steel mills. H

On re-direct examination witness said his object in trying to stave Nichols removed was purely in the interests of the inmates and not for the purpose of doing an injury to Nichols.

John Garland, who lives a short distance southeast from the county farm, testified that on one occasion, Would not swear whether it wag in 1914 or 1915, that he had come upon a load of corn about onequarter mile south of the Stockton farm. The driver of t%e team was a foreigner and hard to understand. The wagon endgate had partly broken open where it had been wired together and corn had scattered out along the road for some distance south. Driver was trying to fix it as witness came up. The driver was “Bohemian John.” Witness was at, Stockton's a few days later and told about the endgate occurrence. There were several at Stockton’s including Mr. Otterburg, the catpenter. Objections were made as to just what he told at Stockton’s and the objection was sustained. Defense wanted to later fix time of Garlqnd’g visit by others who were there and desired to go into the matter of his visiU more deeply. Witness said he was at Stockton’s about three-quarters of an hour. While there two loads of corn were hauled past, going west.

On cross-examination witness could not say as to whether this was the year the gravel road past Stockton's was being built. Witness’ testimony before the field examiners was read to him and he admitted it was correct except that where he was- alleged to have said to the bgst of his belief this was in the year 1914. Said he did not answer the question in just that way, but he was not permitted to say how he had answered it. Said he lived on a farm of which Jay Stockton was the owner and had lived there since 1912.

On re-direct examination witness said the foreigner who had the trouble with the wagon endgate told him he w\ig working for Swanev Makeever and got the corn at county farm. Makeever and Nichols had both talked with witness about what he had seen and would testify to. Mrs. Omar Morlan, mother of defendant, followed Garland and testified as to two or three dates in particular she had noticed corn being hauled past their place in 1915 and of having seen a team drive out from the county farm gate on one occasion when she and "her son were returning from a visit to her sick sister, one of the McDonald sisters, near Pleasant Ridge, as her son had previously testified. This was on Augut 13, 1915, and witness fixed the date by the fact that this sister had returned from an Indianapolis hospital a few days before. Soon after they reached .home —they were in an auto and passed the team in front of the county farm dwellings —the team hauling the corn passed home of witness. She saw it was yellow corn in the wagon. With few variations the evidence of the three Morlans was almost identical, although the mother had not noticed so many loads go past as the father and son. Witness testified that she saw the two loads of corn pass on September 4 when the men folks were out by the road looking over Mr. Ralston’s auto; said, as had the others, that the

county farm team, was in the lead; said the driver of the county farm team was James Shelly and the driver of the Makeever team had a stubby beard. Nothing material was brought out ,on cross-examination. I Court adjourned until 9 a. m. Tuesday. TUESDAY FORENOON’S PROCEEDINGS On the convening of court Tuesday morning at 9:30 the first witness called was O. E. Ralston of Kalamazoo,- Michigan, who was at i the Morlan home on the afternoon lof September 4 when two loads of corn passed by as testified to by the defendant and Mr. and Mrs. Morlan. Mr. Ralston said he was a dairy farmer and also run a retail milk business in Kalamazoo. He made a good witness for the defense. He told of being about his car as testi- [ fled to by the others; the car was in front of the house near the road. His attention was attracted by the well matched span of bays on the lead wagon. Witness told of driving to Rensselaer with the Morlans after they had been looking over his car, around by the Chautauqua tent, back to Morlans’ and he and his wife then driving to town and taking supper with Mr. and Mrs. Charles Rishling; thence back to Ed Grant s.through the rain where they remained over night. On cross-examination he said he paid no attention to the drivers or wagons, was merely attracted by the fine bay team. (This team answers the description of the county farm team). Witness said he did not notice any men at work on the road down at or west of county farm, but did see some nearer town, “jusi across ,the creek at the west side of town,” where 'there was a roller, grader and team, he thought. Corn in wagons was yellow corn. Said Mr. Morlan had come to. his home in Kalamazoo Saturday night to subpoena him and he had driven here in his car, reaching Rensselaer on Monday night about 10 o’clock. Stopped over night at Morlans’ and talked with latter’s attorneys Tuesday morning before testifying. Knew no one here except the Morlans and Dr. Hansson, whom be had met while here. Morlan’s visit to his home was the first time defendant had been there and witness had never been to Rensselaer but twice. Witness spoke up clearly and made a good impression.

Sam Perkins followed Ralston. He is a foster son of the late Judpon H. Perkins and was adopted by the latter when but a child. Had lived out at Stockton’s place for past three years. Saw corn being hauled past there in 1915 by Makeever’s team, mentioned one or two occasions in particular, one being when they were fixing up a binder in the yard of the Stockton home in July. On account of the wet season they had trouble in keeping the binder out of the mud to cut grain; tried various schemes, one of which was putting wheels ol manure spreader on binder, then a section of an iron land roller; told pf John Hurley, Thorston Otterburg, John Garland and J. W. Dunlap being present or nearby when teams with corn passed on this occasion. Witness knew Makeever’s team and county farm team and the drivers, “Bohemian John” and James Shelly. Knew it was in 1915 as Dunlap did not work for Stockton in 1914.

On cross-examination witness said he was before the field exahiiners here last February and when questions and answers were read to him of his examination admitted all was correct. The last answer in said examination was that witness was not positive whether it was in 1914 or 1915 that he saw the corn hauled, but thought 1915. Mrs. Stockton is a foster sister of witness, he said.

On re-direct examination witness said Nichols had talked to him after his evidence before the field examiners; had also had talk with his foster father regarding the corn hauling, but the objections of the state to his telling what was sgid to him by Mr. Perkins were sustained.

J. W. Dunlap, a laborer residing in Rensselaer and working out at Stockton’s, substantiated the testimony of Perkins as to time he had worked for Stockton. Saw several loads of corn go past Stockton’s, on west. Saw sorrel horse with peculiarity of neck was one of the horses attached to wagon. Not much was got out of witness on cross-examination and he wad not of very much benefit to the defense.

John Hurley, now living In Rensselaer, worked out at Stockton’s In 1915. Substantiated testimony regarding work on binder and made a very good witness. Saw corn being hauled west but did not know teams or men. Jay W. Stockton was the next wit-

ness. He told of the torn up condition of the road along his place in 1914, when road was being built and said a railroad track for hauling gravel from Mt. Ayr occupied one side of the road and the gravel was dumped to the center. A wagon track was at one but it was bad and there was little travel on the road that season. Said he saw corn hauled by Makeever and county farm teams past his place at different times in 1915; saw none in 1914, but saw corn hauled out in 1914 by Makeever teams that out west of Sage place where Makeever had a pasture. Told of incidents when they were fixing up binder to keep it out of mud and those present when teams went past. Said on this occasion he thought “John” was riding, but he usually, walked beside the team. On another occasion in 1915 he was going home from town and “John” was just coming out the poor farm gate with a load of corn. Some corn had spilled off and he was picking it up and throwing it on the wagon. Witness later saw the team and corn go past his home further west. Witness testified before board of accounts in 1916.

On cross-examination witness said time was somewhere between the 6th and 16th of July, 1915, that they were working on binder. Could not fix date definitely. Witness admitted writing a letter to the governor or attorney-general about the hauling away of this corn and said he was referred to the board of accounts, whom he also wrote. Letter to board of not admitted in evidence on objection of defense as it did not affect defendant. Witness also admitted that he had talked to many people living along the road between county farm and his place to learn if they had seen any of the corn hauled. Fortner troubles of witness and Makeever were touched on, notably one time when he had latter arrested and fined for assault and battery. Denied having then said he would “law” Makeever until he broke him up, but said Makeever said he would send witnes*s “over the road.”

On re-direct examination witness said that he had made no notes of the dates corn was hauled because he expected it would be settled for and shown on the poor farm reports, when it was not so shown he wrote the governor. Witness’ case and that of defendant were both set for same day • and witness’ activity in this particular case was more in his own interests if- anything than defendant’s. Court adjourned Tuesday noon until ,1:30 o’clock. A continuation of report of trial will appear in Saturday’s Democrat.