Jasper County Democrat, Volume 19, Number 55, Rensselaer, Jasper County, 7 October 1916 — ERNEST MORLAN FOUND GUILTY [ARTICLE]

ERNEST MORLAN FOUND GUILTY

Sintence Will Net Be Pronounced Until Saturday. VERDICT SURPRISED MANY Jury Recommeifded the Court to Show Leniency to the Defendant If Within Its Power to Do So. The Morlan perjury trial came to an end shortly before 8 o’clock Wednesday evening wlien the jury brought in a verdict of guilty. The verdict as returned by 'the jury read as follows: State of Indiana • vs. * Ernest L. Morlan We, the jury, find the defendantguilty as charged in the indictment and that he is forty (40) years of age. ELMER E. PULLIN, Foreman. We, the jury, recommend to the v lourt, if in his power, to show Sniency to the defendant. ELMER E. PULLIN, Foreman.

Surprise wa& expressed upon every hand when the verdict was announced, as it seemed to he the general opinion that the jury would in all probability disagree. The taking of evidence was concluded at about 2 o’clock Wednesday afternoon, and the attorneys began their arguments at once. It was after 4 o’clock when they finished and nearly 5 o’clock when the judge concluded his instructions to the jury, which retired almost immediately. They returned with the verdict shortly before 8 o’clock.

After the verdict had been read in court Judge Hanley announced that "entence would not be pronounced until Saturday. This was no doubt done that the attorneys for the defense might have ample time to prepare any motion for a new trial or ask for an appeal, which is the usual proceedure*. The Democtat has tried to present every phase of the question as it was brought out in court in an impartial and just manner. It will be noticed that the state presented an exceptionally strong case, with dates and corroborative statements almost impossible to assail. Following is a resume of the evidence introduced at the trial since Tuesday noon, when our Wednesday edition went to press:

On the reconvening of court Tues-‘ day afternoon Jay Stockton w*as re-" called to .the and said that one evening during the summer in 1915 as he came up from the field he saw a load of corn pass by hauled by one of Makeever’s teams. Said that no one but members of his family or people employed by him had seen corn pass by on croseexamination.

John Borntrager, who had resided one-half mile north of Makeever’s for.the past thirteen years, wag asked if he had a conversation with Makeever regarding the latter's purchase of corn from the county farm in either T9l 4'or 1915? State objected and objection was sustained by the court. Witness was them asked if he had conversation with Makeever regarding purchase of corn from poor farm in 1915? Again the state objected and objection was susß.’~<ed. Witness said that he had testified before board of accounts in 1916. Witness was excused.

George Seibel, who has lived a short distance west of the poor farm for th.e past geven years, was asked concerning his being present at Morlan’s in 1915 when Morlan was mounting Mr. Bristow’s binder

on a keg in an endeavor to keep the binder from sinking in the fields on account of the wet condition of the ground. ' Witness said he was present and that Bristow, William Havens and Earl Adams were also there. (Defendant had testified about a load of corn having passed by on this occasion.) Witness said a load of corn passed by while they were there at work on the binder. Team was going west, one of the horses was a large sorrel. Witness, could not fix date but said it was during oats cutting. On cross-examination said that he had conversation with Nichols and Garland Grant regarding the matter, also with Tom Grant, his landlord. Grant’ and Nichols had stopped him one time when they were coming to town and witness was going homp and questioned him about the matter. Mrs. J. W. Stockton was the next witness. Said she had seen corn

hauled by Makeever team.-? past their place in 1915, by “Bohemian John." Could not fix any particular date except that it was in July and August. Saw no corn hauled by Makeover's team's in 1914 past their place. The new gravel road • along their place was completed in October. 1914, and was no£ in very good condition for travel during that summer. On one occasion when coming to Rensselaer in 1915 witness had met a team of Makeever’s hauling corn. Mrs. Stockton is a daughter of the late Judson H. Perkins. ,

J. C. Bristow confirmed testimony % of others as to work on binder at Morlan’s in 1915 and parties present at time. Said team of hdrses went west with wagon load of corn while there. They were five or six rods from road at time.

On <yos9-examination witness said he could not describe teams or driver, paid little attention to it, looked over his shoulder and saw team pass, and''that there was: corn in wagon, corn was yellow. Witness testified before board of and his testimony then was read to him and he said it was correct. On re-direct examinatioh said he did not connect corn he saw at Morlan’s with Makeever’s hauling when he testified before board. Jesse

Nichols and O&rland Grant were at witness’ home In March and talked to him regarding matter. The defense here introduced evidence as to defendant’s reputation for truth and veracity. E. D. Rhoades, a resident of Rensselaer for fifty-nine years and now

engaged in the hardware business, said that defendant's reputation for truth and veracity was good; had known defendant all of latter’s life. James Carr, a resident of Newton township for about twenty-five years and a prominent farmer, had known defendant during time witness had resided in said township and said his reputation for truth and veracity was good.

W. A. Witham of Union township had known defendant the greater part of his life; said his reputation for truth' and veracity was good. Carey L. Carr, another prominent farmer of Newton township, had known defendant for more than twenty years; said his reputation for truth and veracity was good. Erhardt Wuerthner, another wellknown farmer of Newton township, said that he had resided in said township nearly all his life and had known defendant since ISB2. His reputation for truth and veracity was good, none better. Jesse C. Gwin, lumber dealer and former county treasurer, said he had resided in Rensselaer some eighteen years, had known defendant all his life. His reputation for truth veracity was good. Witness did not known anything to the contrary.

The defense announced here that this completed its evidence. The state then begun introducing evidence in rebuttal, and Earl Adams was the first witness called. Witness worked for Bristow in summer of 1915 and was at Morlan’s place,when they “were fixing binder. Did not remember seeing any corn go by.

On cross-examination witness said he was paying no attention to who passed by and a load of corn might have went along and he not see it.

William Havens, who resides two miles west of Rensselaer, was at Morlan s at time of work on binder. Had no recollection of any corn going past.

On cross-examination witness said he came to Rensselaer with Morlan on morning of same day to procure a keg to put under binder, as defendant had testified, in his examination.

S. E. Kershner was recalled and said that he drove binder cutting wheat at poor farm on July C, 7, 8, 1915; Shelly and Knauff, poor farm employes, shocked the wheat. Morlan was not at hig home on either of those dates that witness knew of. Saw nothing of any of Makeever’s teams hauling corn on those dates. Took dinner each day at poor farm.

On cross-examination gaid he was cutting wheat on the north side of the county farm, quite a distance from buildings. Had talked with Nichols last Friday about the matter.

Jesse Nichols recalled and testified ag to Kershner cutting wheat on above dates and Knouff and Shelly shocking said wheat. Entry in memorandum showing Kershner had worked at county farm on above dates was introduced and shown to jury. Clarence Knouff was recalled and testified that he shocked wheat at county farm on above dates. Thorston Otterburg was the next witness. Had worked for Stockton at different times during July, August and September, 1915; had helped fix binder as others had testified to for the defense Sam Perkins, John Dunlap, John Hurley and Stockton were there. Left Stockton’s about 9:30 a. m. and went to Makeever’s. “Did not mind any

corn going past,” witness said. On reaching .Makeover's saw latter's men at work in wheat field, including “John.” v Did not see any wagon loaded with corn at Makeever's; horses were out in pasture; witness talked to all the tnen except ‘ John”; could not talk to him. Witness worked at Makeever's several days in July, OD the 7 » 8 < 9 and 10. “John.” Pete Cooper and others worked with him. Harold Wickstrom recalled as to dates Otterburg worked at .Makeover s and told what the other employes were doing. Saw Otterburg in wheat field ’about 15th or 16th of July. Pete Cooper quit work July 16.

On cross-examination witness said he remembered dates because of the big rain on July 10 and hia “boss” buying a bunch of cattle on the 13th; “had talked with latter last night” regarding dates these cattle were purchased, also remembered because the girl who is now his wife came to work at Makeever's on the 16th.

Peter Cooper of Kniman, 17 years old, testified that he worked for Makeever from May 4 to July 16; went with Makeever after cattle on 1 2th. Substantiated evidence of others about work in wheat and on cribs.

Cross-examined, said they went after cattle on 12th; pulled gypsum weeds before leaving after battle. On re-direct examination witness was asked if it was not the 13th they went after the cattle, but said he thought it was the 12th. Joseph Long of Morocco said he was at Makeever’s running threshing engine in August, was working for Makeever and Zimmer. It rained night of August 11 and on the l2th witnesses came to town with Ma-

keerer in latter's car. Some lady, witness did not know, came in with Left Makeever's at abont S o'clock that morning and saw “John" and others at work at farm before he left. Ralph Zeigler was recalled and told of selling two head of cattle to Makeever September 12. He and Makeever drove the cattle to Makeevers place; check given for cattle on above date offered in evidence. Saw Makeever's hands about place bat could not say who was. there. Mrs. E. P. Honan testified that she was out to Makeever’s, going out Aacust 11 and was brought in by Mr. Makeever next morning. Left Makeever's about 9 o'clock. Some other man' in automobile with them whom she did not know. Saw "John ' and other hands at work about farm on morning she left Makeever's.

Isaac Little or Littauff—the writer did not catch this name—24 years old, worked for Bradford Poole, son-in-law of Makeever, in 1915 up to August 12. Was at Makeever's in afternoon of the 13th; sold his buggy to Harold Wiekstrom: saw all the farm hands about Makeever place. Wickstrom was hauling corn to feed lot Nothing material was brought out in cross-examination. Mrs. Harold Wickstrom, formefly Miss * Mary Childers o f Rensselaer, said she was employed at Makeever'? July 15 to August 13, 1915. She and her husband now live on one of Makeever's farms. ’ Witness remembered occasion and date of Mrs. Honan visiting at Makeever home, (time she left to return to Rensselaer and what the farm hands were all doing for most of the time she was there. '

Charles Otterburg recalled regarding what he was doing on certain dates at Makeever farm and confirmed testimony of other employes. On cross-examination said he knew the dates because he had asked John Zimmer jfbout them. A. M. Yeoman was recalled and confirmed testimony of others regarding certain dates. James Shelly recalled and testified regarding the cutting of wheat at county farm: said Kershner drove the binder July 7, S and 9 and Nichols himself drove binder to finish the job on the 10th. Witness and Knots were shocking the wheat during all of this time.

Court convened at 9:28 Wednesday morning. Mrs. Makeever was the first witness * recalled on the stand, and testified that on July 12 and 13. 1915, she was at home all of both days. She knew the dates because she assisted her husband in keeping the books and account? and it was on July 13 that the Elijah cattle were brought to the farm. Ralph Zeigler was also there on July 12 with some cattle. “John," Pete Cooper and Hamid Wickstfom were also there all day. The witness was very emphatic in these statements. On July 12 - “John" was hauling feed troughs to the feed lot where they intended to put the Elijah cattle.

''When questioned as to where “John” was on August 13, the witness stated that he was home all day, that he was hauling manure and never left the farm. She knew the date because Mary Childers had left them on August 13 and she gave a check in payment for services. When, asked what the men were doing on July 10 and 11, the witness replied, “I hadn't thought of that.” She made the same answer to several inquiries concerning the men on different dates, and said she could not tell without referring to account books or checks at home.

M. J. Wagner was the next witness called and briefly testified as to dates given by John Barrett before the field examiners in February.' .

Theodore WVnegar was next called to the stand. He told of a conversation he had with Mr. Morlan while the two were riding on a Monon train. Morlan told him he had been doing detective work the past two weeks and was going after a man whom Makeever had run out of the country and kept out; that he expected a woman to board the train at Thayer whom he could follow to the man wanted. Witness testified that when the train drew near Thayer Morlan went back near the door where he could see who got on, and then in a little bit he came back and said he was alright, that the woman was on the train. Witness said he did not know who Morlan was, thought he might be a detective, and that he never talked with Makeever about the occurrence. Said he did talk of it with H. W. Kiplinger, who told him who Morlan was.

J. P. Hammond was the next witness called to the stand. He identified a claim filed with him by Jesse Xichols in behalf of S. E. Kershner for $6 for labor done at the county

farm on July g, 7 and 8, 1915. The claim was filed August 31, 1915. Attorneys for defense objected to claim being introduced as evidence, which objection was overruled. Jesse Nichols, superintendent of

the county farm, was next called. Said he had no reports made to commissioners, that they were at auditor’s office, thought he had copy of them at home. Witness was excused until reports could be obtained. Recalled with reports and identified them. Report for quarter ending November 30, 1911 gave 2,000 bushels of corn on hand, and no sales. Report for quarter ending February 28, 1915, gave 1,500 bushels of corn on hand, and no sales. Itepo'rt for quarter ending May 31, 1915, gave 1,200 bushels of corn on hand, and no sales. Report for quarter ending August 31, 1915, gave 1,000 bushels of corn on hand, with sales of 190 bushels and thirty pounds of corn during that quarter. Report for quarter ending November 30. 1915, gave 3,000 bushels of corn on hand, with sales of 377 bushels and sixty-two pounds during that quarter. The number of bushels of corn on hand at the various times above stated were given as evidence from the superintendent’s reports to the board of commissioners at the ends of the various quarters, but the amounts of corn sold were taken from the same reports by The Democrat at a different time. When asked as to the corn raised on the county farm witness stated that 1,567 bushels were raised in 1914 and 3,000 bushel? in 1915, the latter amount being all included in the corn reported on hand November 30, 1915. Witness also stated that he did not know exactly how much corn' was on hand at any time except after husking—that he knew exactly then—but that other times he made an estimate of the amount in the cribs.

John Suika was then recalled and with Joseph Lane acting as interpreter testified that it was in 1914 when he was hauling corn and had trouble with endgate west of county fa r m; that a man—whom he later identified in John Garland —came along with a four-horse team and helped him fix it. He could not remember the month of this hauling, but said he hauled two loads on Thursday, two loads Friday, three loads Saturday and three loads Monday, and he was sure it whs on Monday when the trouble with the endgate occurred. The attorneys for the state then called several witnesses to testify to the character of the defendant. The first of these was Garland Grant, who stated that he had lived a mile and a half west of Rensselaer all his life and was acquainted with the defendant. Asked what was Morlan’s reputation for truth and veracity, he replied that among his neighbors it was bad. On cross-examination by attorneys for the defense witness stated that he had never had any trouble with defendant-other than a little trouble between Morlan and all the neighbors during threshing. Pressed for an answer as to who had had trouble with Morlan, witness replied that everybody along the road. Witness for further pressed to state expressly who had said the reputation of defendant was not good, and he mentioned the names Lawrence and Wallace Saylor, Ed Grant, Sam Kershner and William Augspurger. Said it had been the talk for seven or. eight years. Asked as to what had been said, he replied that neighbors said “What Morlan said was not to be depended on.” Henry Paulus wras the next witness called and stated that he had lived southwest of Rensselaer five years next spring; that he was ac-

quainted with Morlan and his reputation was not very good. Witness said -the defendant was quarrelsome and could not get along with his neighbors; had never had any dealings with him and could not remember any .specific statement made by any particular person against defendant.

Henry Hordeman was the next called and in reply to the question concerning Morlan’g reputation said, “It doesn’t seem to be good.” Asked who said it was not good, he replied, “The neigh oors say it is not good.” He could not recall any particular thing said b/ anyone.

Ed Goetz was the next witness called and stated that he was 35 years old and had lived within a half mile of defendant all his life until two years ago this coming spring, when he moved to Barkley township. Had known Morlan all his life and hig reputation was bad. Had heard much but could not mention any particular person as saying anything. Witness said he was a good friend of Makeover, that they had held political caucuses at his house and Mr. Morlan came uninvited. ■Charles Weiss was next called to the stand. Said lie lived in Newton township six miles from Rensselaer, and had lived there thirteen years. Had known Morlan several years. Asked about the defendant’s character he said, “Well, I’ve heard a good deal. It comes up bad a good deal here lately.” Heard he was not truthful. Had heard him discussed, and also heard of a shooting affair with William Augspurger several years ago. Could not state any specific remark by any one person.

John Zimmer was then recalled to the stand and stated that he was at Makeever’s on July 15, 1915. Had been there the day before also. He and Mr. Makeever had been to town and the latter had purchased a new cradle, and he went over the 15th to see the same used. Was there all forenoon. Was also there on the 16th of the same month, but could not tell when he was there next. Witness said he helped John Suika bind wheat and that Harold Wickstrom and Charles Otterburg were also there. He knew the date because he had gone to Warner Bros, hardware store to ascertain the date the cradle was purchased. Was over to Makeever’s week before last and the latter thought the date important so he went to Warner Bros, to make sure of it. D. S. Makeever was recalled to the stand and a part of his testimony was a repetition of what had been gone over before. In reply to a question he stated that Suika was plowing corn on July 7 and 8, 1915. He identified a check given to Alex Elijah for cattle and stated that on July 13 they had an early dinner and he and Pete Cooper left between 11 and 12 o’clock to get these cattle. Suika was mixing concrete when they left and was there when they returned about 4 o’clock. On July 12 the men were on the farm all day moving the feed troughs from one feed lot to another. On July 15 he testified that he and Mr. Zimmer came to town and be purchased a wheat cradle of Warner Bros. The day following the men were all in the wheat field. Witness testified that the team Suika had been working was in the

pasture all day July 16. That Suika did not work the sorrel mare with a stiff neck in 1915, but had charge of a different team. Witness testified that he remembered the trouble with Mr. Stockton and that it occurred on a Sabbath day in August, the Bth day of the month. That he came to town, the nnxt day and was before the justice of the peace. On August 10 witness testified that they started threshing. During the forenoon of tfc'at day the men were in the field upsetting grain shocks for the bottoms to dry, and that they threshed in the afternoon. That it rained that night and there was not much doing on the 11th. August 12 and 13 Suika was home both days hauling manure, and Otterburg was there helping him. E. G. Warner was the next and last witness called. He testified that he had known Mr. Makeever for about twenty-five years, and that the latter was in his store on July 15, 1915, and purchased a wheat cradle. Mr. Warner road this date from the original entry in their day book.