Jasper County Democrat, Volume 20, Number 23, Rensselaer, Jasper County, 16 June 1917 — STOCKTON JURY VOTES ACQUITTAL [ARTICLE]

STOCKTON JURY VOTES ACQUITTAL

Verdict For Defendant Reached On Second Ballot. WERE OUT BUT 25 MINUTES Stood 11 to 1 for Acquittal on First Ballot. It Is Reported— Trial Lasted Eighteen Days. The Stockton perjury trial which had been grinding in the Newton circuit court for the past sixteen days exclusive of Sundays) ended a little after 3 o'clock Thursday afternoon in a verdict of not guilty. The case went to the jury at 2:50 o’clock and the verdict was returned twenty-five minutes later. It is understood that the jury stood eleven to one for acquittal on the first ballot and was unanimous on the second ballot. The verdict was not unexpected by those who had followed the trial closely although, in view of the conflicting evidence, many had looked for a disagreement. The jury was an exceptionally strong one, composed of intelligent and substantial farmers and business men with whom the attempts of some of the attorneys to intimidate, bulldoze and browbeat witnesses had no affect except possibly to re-ac: against them. Some lawyers who have never progressed beyond the backwoods custom of years ago seem to think that such tactics are an evidence of great legal talent, but it is noticeable that while they are permitted to do this in some courts, this class of lawyers are not very successful in trials before juries. It is probable that more of this browbeating was. done in this trial -han any cause tried in this circuit for many years. It is needless for The Democrat to restate at length what this trial was about, as it is familiar to practically every man, woman and child in Jasper county. An investigation was made hei e by field examiners of the state board of accounts in February, 1916, of

charges that corn had been hauled from the county poor farm by teams of County Commissioner D. S. Makeever during the year of 1315 and that no account of said corn was made in the reports of the poor farm superintendent. Among the witnesses examined by the field examiners was Ernest Morlan and Jay XV. Stockton, who each testified that they had seen teams of said Makeever hauling corn along the road leading from the poor farm during said year. The matter of this testimony wds taken up by the next grand jury and Morian and Stockton were indicted for perjury, the indictments charging that they had NOT seen the teams of Makeever hauling corn from said poor farm during ;he year of 1915, and swore falsely when they said they HAD seen them.

Morlan was tried at the last September term of court in this county and, in view of the conflicting evidence, a disagreement of the jury was looked for. He was found guilty, however, after a very brief deliberation, was fined SIOO and sentenced to the penitentiary for from two to fourteen years, the sentence being suspended during good behavior. Mr. Stockton took a change of venue to White county where the indictment was held bad after some evidence had been heard. A new affidavit was filed here and a change of venue was again taken and the case sent to Newton county. It was taken up there on May

28 and during the trial some 150 witnesses were summoned. The prosecuting witness. Mr. Makeever. had several attorneys employed, and, while ostensibly a state case, the state's attorneys took no part whatever in the trial of the case. This fact no doubt had its influence on the jury. Much bitterness was shown in the trial and the reputation of the defendant for truth and veracity was attacked. The prosecution had some eight or ten witnesses who testified that It was bad. but their

evidence was practically shattered on cross-examination. Thirty-two prominent farmers and business irien testified for Mr. Stockton as character witnesses and said tfea?: his reputation for truth and veracity in this community was good. These witnesses were o's high standing, several being fbrnier county officers, bankers, etc., etc. Their evidence completely upset that of 'the . character witnesses of the prosecution and it Was felt here by many who were in sympathy with the prosecution that a fatal blunder had been made in attacking the defendant’s character at all. The prosecution was represented by George A. Williams, W. If. Parkinson and- Mose Leopold of this city, Hume ■L, Sammons of Kentland, besides Prosecutor Hess and Deputy prosecutor Sands as spectators, while the defense was represented by A. Halleck of Rensselaer, W. W. Lowery of Indianapolis, Palmer & Carr of Monticello and 1 R. R. Cummings of Kentland. The evidence was completed Wednesday and the opening argument for the prosecution was made by Mr. Williams, followed by Mr. Carr for the defense. Mr. Sammons followed for the prosecution and Mr. Cummings followed him for the defense. Leopold followed for the prosecution and Mr. Lowery, Mr. Halleck and former Judge Palmer followed for the defense. Mr. Parkison made the closing argument for the prosecution, closing at about 2:30 o'.clock Thursday. Then followed the court’s instructions and the submission of the case to the Jury. The case has cost Jasper county' hundreds of dollars. Whether or not this will now end the matter remains to be seen. It is rumored that Mr. Stockton will now commence a civil action against Makeever for a large sum for damages, charging malicious prosecution.