Saint Paul weekly Minnesotian. [volume] (Saint Paul, Minn.) 1858-1859, 1859-08-06
Trial OF John walker as an Accessory in
the Escape OF Ann Bilansky.


, officers, was brought up before Judge 81
mons yesterday morning, for examination, on
complaint of Geo. w. Turnmbull, Deputy
Sheriff, who made the arrest.
The complaint was read
q 1t charges John Walker, who does not stand
in the relation of husband, parent or child to
SAID Anne Bilansky, knoaoing her to be gull.
ty of the aforesaid murder, and knowing the
aforesaid conviction and order for committing
her to Jail-did feloniously and wilfully aid
and assist said Anne Bilansky to escape from
said Jail by means unknown, and after her es-
cape did in the said County of Ramsey on
day mentioned DULY 26th) wilfully and felon-
ously harbor, conceal, maintain and assist her
after said escape, with intent that she should
escape punishment &c.
Ex-Gov. German interposed objections to the
complaint-that it charged two separate Of
fencesS which are punishable by different
grades of punishment, or penalties, by the
statutes of the State-holding that but one Of
fence could be charged in the complaint, and
moved that one of the counts be "quashed"
His Honor reviewed the motion, and held
that the different offences charged and alleg-
ed in the complaint contained the facts as the
prosecution proposed to prove, and that the
complaint not requiring the strictness of an
indictment, but merely grounds for an exam
ination, he would over-rule the motion.
The Governor then moved to dismiss the
complaint on the grounds
That it does not state that the felony which
Anne Bilansky is accused with committing is
complete-in that it does not state that she
has been sentenced therefore, and that felony
is not complete until after trial, conviction,
and judgment.
Counsel AYERS that he can produce author
ity after authority to show that an offence is
not complete until after every act required for
conviction has been gone through with and
sentence passed.
The counsel further insisted that where
statute describes an offence it does away with
al common law offences analogous thereto,
even if no negative words are used, doino
away with the common law offence.
His Honor then adjourned Court until two
o'clock.
When the Court was again called to order,
the counsel resumed his argument to sustain
the above points, and continued at some
length.
Mr.. Hoard on the part of the State replied,
citing authorities and arguments to controvert
the positions assumed by counsel on the other
side.
Mr.. German replied.
His Honor reviewed the objections, and
overruled the motion.
The hour being late His Honor adjourned
the Court until o clock this morning.
DESTRUCTIVE FIRE-FIvE BUILDINGS DEs-
TRoYED.-Y estcrday afternoon, about six
o'clock, a fire-the origin of which is unknown
broke out in the old ice house of Chas. Sy-
monds, on the north side of Hill street, be-
tween Eagle and Chestnut, in the fiat, which
spreading to buildings adjoining, soon laid in
ashes five buildings and endangered several
others near by.
The ice house, which was built several
years since, was a wooden superstructure, on
a long low stone foundation, and the timber
and roof were rather old. 1t had large guam
tity of ice stored in it, and was completely
destroyed. The ice is total loss.
Adjoining this building, at the rear, was a
large two story stable, belonging also to Mr..
Symonds, which was burned to the ground.
On Hill street, little detached from the ice
house, was also another smaller frame stable,
OF carriage house-One story-which belonged
to Mr.. Symonds, and was also burned down.
Almost adjoining it, and extending down to
the corner of Eagle street, was long one sto-
ry rough dwelling house, unoccupied, if we
are rightly informed it too, was the property
of Mr. Symonds we are told, and was des-
troyed.
| - On the Chestnut street side of the ice house,
was the Brewery of Anton Yeorg, and close
on to it his residence. The Brewery was
long two story wooden building, on base
ment story of stone, and was full of beer bar
rels, mostly filled, besides all the machinery
and implements of the business, in full blast.
All these, with but little exception, was des-
troyed, entailing on Mr.. Yeorg, a loss of sew
eral thousand dollars.
His residence was, by the exertion of the
firemen, saved from destruction.
At the very moment of the breaking out of
the fire, Mrs. Yeorg was about to make an in
crease of family, which little incident did not
take place, however until her removal to a
neighbors close by.
The Fire Department did nobly, though
working under their usual embarrassments.
Hope No. had a stream on very few min
utes after the first alarm, and worked steadl-
ly till the last spark was out. Minne-ha-ha
arrived shortly afterwards, and turned her
stream on the surrounding buildings, un-
doubtedly saving tnem from destruction
Rotary Mill Company came up soon after,
and taking position on the other side of the
fire, poured in a strong, steady volume-as
they always do. This is an efficient Com
pany, but need more hose. The Hook and
Ladder Company were also son hand" and
contributed much in their way to saving pro-
perty in and around the fire. Several thou
sand dollars worth Of property was saved by
the Fire Department.
The two City engines had to be located on
little bit of muddy, mucky ground near a
pond, where they sank hub deep into the
mud. A fine stream of clear water flows
near by, sufficient to fill reservoir of thou
sand barrels in few hours No comments
are necessary.
Chas. Symonds loss must be at least sew
| on mr. o;pht thoucond dollars He &c raallv an