Follick - chicken case - what a farce - Montgomery InGenWeb Project

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Follick - chicken case - what a farce

Source: Crawfordsville Weekly Journal 31 Jan 1891
Private Opinion Made Public Judge W. P. Britton: This Follick chicken case is a pretty piece of business now isn't it. Why, I can trace the origin of the whole thing back to years ago. It grew out of bad feeling between neighbors, which finally grew into a fever heat over a gravel road quarrel. To my mind there is more spite than evidence in the case, and even if the girl were guilty she would never be prosecuted if it were not that there were other things back of it all
The Trial of Miss Alice Folio For Chicken Stealing—Verdict of Acquital, The circuit court Monday took up the case of Miss Alice Folic indicted for stealing the chickens of Jacob Isom. The court room was crowded with witnesses and spectators, the audience being as large as the average audience during the Pettit trial. Prosecutor Mollett and ,Judge Sellar appeared for the State and M. J). White and M. E. Clodfelter for the defendant. Mr. Model made the opening speech for the State and said the prosecution intended to prove that on the 20th day of last May, Jacob Beam missed a number of his chickens, some of which were family pots bearing names. lie proceeded to Fruits' store where ho left a description of these chickens and orders to keep a look out for them. On that afternoon Miss Alice Folic brought chickens to the store answering the description. The Beam family was summoned and positively identified them. The horse thief detectives took the matter in hand and taking the chicken to Beam's farm proved them to be the chickens stolen, by witnessing them proceed to their accustomed roost in the evening.
Mr. White opening for the defense, said it would be conclusively proved that Alice Folio was sick all the night upon which the chickens were stolen, and unable to leave the house even during the preceding afternoon. The next afternoon, however, being better, she took a coop of chickens that had been penned up for some days to Fruits store and sold them for her mother. She herself had nothing to do with the putting up of the chickens and only saw them as they were taken from the box by Fruits.
Jacob Beam was the first witness called, and he testified to the facts set forth by the prosecutor's statement. The cross examination developed nothing new except that Mr. Beam said he was sorry the matter had ever come up, but that as this was a free country he was going to see it to the end. It was noon before he was excused.
Mrs. Jacob Beam was the second witness and swore to the sumo thing her husband did, she said that she instantly recognized "old spec" and "long neck, both of which chickens were deafly beloved by the whole household. Miss Lily Beam, lit granddaughter, had also a familiar speaking acquaintance with said chickens, and could swear to their identity if she saw them in the old world.
The case is attracting no little attention and the whole thing is to be greatly regretted. It seems very doubtful whether the State can make a case on the evidence, and that these parties who aro both respected and prominent in Ripley township should thus get into the courts seems a ?. To an outsider it appears as though the matter might have been settled without all this hub bub and unseemly demonstration.
All Tuesday afternoon the evidence continued in the Follick chicken case. Tho State examined a large number, of witnesses including a few collaborated horse-thief detective, like Taylor Thompson. No bit of evidence was brought forward to show that Miss Follick herself took the chickens which Beam lost, and every witness for the State testified to the previous good character of Alias Alice Follick. It became perfectly evident from testimony that no one does believe that Miss Follick took the chickens. On the contrary those most bitter in the prosecution state that she was the agent for other parties. A large per cent, of the audience yesterday favored the side of the young girl and there were numerous hints of "copper-lioadism" and "spite work" floating in the air. The defense began and a number of as good citizens as live in Montgomery county testified to the young lady's good character, stating that this was the only charge that had ever been brought against her. Tho defendant's mother testified to her daughter being at homo sick all the night that Beam lost his chickens. Sho further testified that the chickens which Alice took to the store had been put up by her to sell some days previously.
Wednesday the examination of witness for the defense was continued and a large number examined, including all the members of the Follick family. From their evidence it was established that the girl was not the one who visited the Beam farm to steal chickens. A number of other witnesses testified to the girl's good character and that Beam had stated that he believed the young lady was innocent. '7r,"~~
In the afternoon the defendant herself took the stand and told a very straight story. She positively denied taking any of Beam's chickens and did not pay any particular attention to those she sold at Fruits', they being placed in the buggy in a box before she ever saw them. The cross examination failed to develop anything new and at o'clock the evidence was still being submitted. On Wednesday evening the court convened and Hon. M. I. White closed the case for the defense in an eloquent address. Mr. Sellar then closed for the State and recommended the lightest possible punishment in case a verdict of guilty should be found, giving the jury to understand that the law would be satisfied with one minute's imprisonment in the county jail. Mr. Sellar also remarked that ho could make a much better speech for the defense than ho could for the State, and doubtless ho wished that that duty had devolved upon him. The Judge then gave his instructions and the jury retired. Then ensued a truly pitiful scene. Tho defendant and her mother whose nervous systems have been completed shattered by the cruel warfare waged upon them fainted away and had to be carried from the room. Mrs. Follick, who is a sufferer from heart disease was unconscious for sometime and it will be a long time before she fully recovers. Miss Alice was revived but remained in a dazed state until the verdict was announced when she became hysterical. The indignation ran high in the court room and threats were being freely passed when the jury who were absent but a few minutes announced that a verdict had been agreed upon. It is needless to remark that it was "we the jury find the defendant not guilty. James W. Foster, foreman." Then there was a scene, At the moment the clerk ceased a yell of joy went up from the crowded court room that it is safe to say has never been equaled for enthusiasm in the history of Montgomery county. The calls of the judge for order were unavailing and it was not until the Sheriff went into the audience taking names that the crowd surged out of the door to give out to their spirits in the open air. The news was quickly carried to the suffering defendant and her mother in the Judge's room and they soon came out and personally thanked ouch juryman in the case. There was a regular love feast in which, audience, jury and attorneys mingled, while the spiteful "detectives" slunk into the outer darkness, their natural element. That Love feast continued in unabated zeal until at last Tom Boraker in sheer desperation began turning out the lights in the court room.  I would have stayed in that jury room until the crack of doom," said one of the jurymen to The Journal “before I would have voted for conviction and the other boys were with me.  It was not a case at all but one of the worst pieces of neighborhood spite work that ever came under my notice.”  It was the general opinion the jury would acquit as they did.  A meaner case was never tried in the Montgomery Circuit Court and that a young girl’s life should thus be blasted for the sake of “old spec” and “long neck” or a thousand “old specs” and “long necks” is a burning shame.  The littleness of a few detectives who have put up money and spent the time they should see the matter through is without a parallel in the history of court or justice.  Their every action has been characterized by a contemptible disregard of the common instincts of neighborly decency and Christian charity.  The verdict of the jury in the Follick case was a denunciation of Miss Follick’s persecutors as well as a complete vendition of the young lady. This is the sentiment of the whole community with the exception of the few contemptible whipper-snapper “detectives” who engineered the disgraceful affair.  Even the prosecuting attorneys who were forced into the case by their sworn duties feel this way and are heartily glad the case ended as it did.  Miss Follick wishes to return her thanks through The Journal for the kindness and sympathy the people of Wayne and Ripley townships and Crawfordsville have manifest all through the county. - kbz

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