Jasper County Democrat, Volume 22, Number 7, Rensselaer, Jasper County, 23 April 1919 — TRIAL OF ROAD CONTRACTOR [ARTICLE]

TRIAL OF ROAD CONTRACTOR

In Benton County Is Attmcting Much Attention. The trial of" Wallare Evans, a Fowler road contractor, for alleged fraud in building the. Fleming gravel road in Pine township, Benton county, is now on in the Bentan circuit court and is attracting much attention. While Evans was the original contractor, he bid this road off for Martin Donohue, who did the work. Evans drew the pay, however, and is alleged to have been out over the road when it ■was being built and knew that it was not up to the specifications; in fact, was notoriously short, the state alleges, and when he presented a claim for the final payment he well knew that such claim was fraudulent. - The case "is attracting unusual attention because so much fraud has been perpetrated in the building of Indiana roads, and this is the first time that a rOad contractor has been indicted for filing an alleged false claim oa work done on a highway. Tim prominence of the defendant also adds a great deal to the importa'i >3 “f the proceeding. The entire case hinges on the question of criminal Intent, and the state has to show that when Mr. Evans filed the claim he filed it with the Intent to defraud. However, the state (s not required to prove intent by direct and positive evidence. It is sufficiently proved if the jury is satisfied of its presence, beyond a reasonable doubt, f’-om the facts and circumstances appearing in the case.