Brainard Charles04

Waupaca Republican

Friday, November 24,1893

CHARLES ROLLIN BRAINARD

Cleared >From the Charge Under Which He Was Arrested

The greater part of the day, Wednesday in Justice Chesley’s Court was the examination of Chas. Rollin Brainard for the alleged crime of feloniously and burgulariously entering the house owned by John B. Perkins and occupied by William Shingler, Oct. 29, 1893. The examination on the part of the state was conducted by B.M. Goldberg, Dist. Atty., and Hon. E.L. Browne appeared for defendant Brainard. Brainard had been confined in jail three weeks waiting for his examination. Since his arrest for the charge his wife has come on from New York and has devotedly and energetically done all she could in his behalf.

The state’s testimony showed from Wm. Shingler that he rented the house from Mr. Perkins and was to have it until “it froze up” for building a line fence between the Perkins and Ogden lots. Shingler claimed that he and his wife had been in Lind at Mr. Olin’s for some time. Before going to Lind witness said he bought at Knapp’s some groceries and provision, part of which he found on his return were missing. On cross examination the inventory of the missing articles consisted of 15 cents worth of sugar, 18 cents worth of coffee, 25 cents worth of tea, 10 cents worth of flour and 20 cents worth of potatoes, to the total value of 98 cents; but there was no positive proof that Brainard took them. Shingler claimed that when he came home on the Saturday he noticed some one was occupying the house and heard Brainard was the person. He and Milo Hunter went up for the purpose of setting Brainard’s tidings out, but Milo said better nail the house up instead. Done so. Returned Monday, Oct. 30, about one o’clock, and found the door had been opened again. Went in and found there was a fire in the stove. Looked in the bedroom, saw Brainard just getting out of the bed. Had his clothes on. He picked up a long knife which was lying on trunk. Shingler stepped back behind the stove, Brainard sat down in the rocking chair. I asked him what he was doing here; he said, “none of your business,” said he was sorry to see me come up to make trouble. I told him to get and he told me to get. I saw Chesley and he told me to see Mr. Goldberg. After I saw Goldberg I met Brainard and told him that if he went in that house again Goldberg would have him arrested. Brainard said “What do I care for Mr. Goldberg.” I went up and nailed up the house and took witnesses up and saw Brainard put his shoulder to the back door and force it open. This was Monday night and I had Brainard arrested Wednesday.

Jens Johnson and Chas. Ogden testified to seeing Brainard at the Perkins house.

After the state rested, Mr. Browne said: “Mr. Goldberg do you propose to bind Mr. Brainard over for trial?”

Mr. Goldberg – “I do.”

Mr. Browne – “You astonish me.”

The defense commenced their side of the case by the testimony of Mr. Perkins who said Brainard had come to him to see about getting the house. I told him that if I could get Shingler out he could have it. Shingler had not rented it for any stated time. Brainard said the door was open and I told him I thought Shingler ought to keep the house locked. I went to the house the next Friday after the conversation and saw the house was not locked; did not know about Shingler being away, only what Brainard told me. I notified Shingler to get out the next Monday.

Mrs. Mary Perkins testified that Brainard met her and said he had some writing to do and would like to go in the house. I told him Mr. Perkins was away and I could hardly decide what was best. Geo. Lord had previously told witness that Brainard had requested that he (Lord) would see about renting the house.

Ray Perkins said he had frequently been up to the place while Shingler occupied it and the door was open or not fastened.

E.C. Williams testified that Oct. 28, he sold Brainard a lock and hasp.

Mrs. M. Chapman who keeps a restaurant and bakery had sold Brainard bread during the latter part of October.

Chas. Rollin Brainard testified in substance that he had tried everywhere in Waupaca to rent a room but could find none, and as it was court time the hotels were full. Perkins gave him permission to use the house as soon as Shingler got out. The abandoned condition and the house being open led him to believe it would be Shingler’s interest to have someone in the house who would keep it locked. Said he never touched or used a potato or anything except a teapot. Bought candles, kerosene, tea, bread, etc., of his own andconsequently had no occasion to use or look to see if Shingler had any groceries and provisions. Denied ever having been in Shingler’s bed and said he slept in the rocking chair with his feet on the stove hearth. Denied ever flourishing a knife or weapon of any kind at Shingler. The knife which the Sheriff took from him was one he used for every purpose from a toothpick to a grub scythe.

ADJOURNED UNTIL 3 P.M.

The afternoon was devoted to the Attorneys pleas.

Mr. Goldberg presented the state’s side of the case holding that Brainard had made a forcible entry, and the fact that Shingler had missed property made Brainard liable for burglary.

Mr. Browne scored the Dist. Attorney for bringing action against Brainard on such evidence, etc., etc., extolled Brainard’s literary talents and made an earnest plea in behalf of Brainard saying there was no evidence that any crime had been committed or even an intent made to do wrong.

Mr. Goldberg replied to Mr. Browne’s sarcastic personal etc. and the case went to the justice for a decision. Justice Chesley said he would have to find the defendant not guilty.