The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1865-06-23
THE HIGHWAY ROBBERY.
Hearing Of the Cavalrymen Charg-
cd with their Commission.
They are.Committed to Await Trial.

They are-COmmitted to Await Trial.
The preliminary hearing of the cavalrymen
who robbed Hoag and Kerst on the Fort road
on Wednesday, took place before Justice Nc
Elrath yesterday. Henry j. Horn, ESQ.,, ap-
peared for the State, and I. V. D. Heard, Esq
for the defence.
The case first called was the State VS.. John
Brown, VIM. D. Wilson and Robert Paul, for
robbery of Charles Hoag. The State intro
duced the following evidence:
CHARLES HoAG-swoRN.
I live in Richfield Township Hennen;n
county. L am the person making the COM
paint in this case. l was going from Fort
Smelling to st. Paul on Tuesday. Abont half
way down, In Reserve Township, Ramsev
county, l saw three cavalry men ahead of me-
One OF them, whom l recognize as the prison
err here Brown rode in advance of the Others
and called on me to stop" saw he was
very much intoxicated, and thought best to
humOr him. I said my friend, what do you
want?" He replied, "Have you got any
money about your" said mo, was not in
the habit of carrying much with me-" He
then asked Haven't you enough to pay
treat?" Isaid if he would 60 on with me to
the Reserve House, 1 would treat him with
pleasure, as could get credit there" He re-
piled that she believed / was lying-that
had money" He then jumped from his horse,
and seeing that he was in earnest and thought
that he was motioning to draw his pistol l
whipped up my horse ard ran away, pretty
mile until 1 thought was out of danger
from his pistol shot and refined up. Looking
round, saw Brown at my side again, he hay
ing unknown to me, followed me. In the
race / passed the other two men, sitting on
their horses by the road side, but they did not
offer to modest me in any way. On coming
up to me, Brown seemed angry because l es-
oaths, why did it. replied that had no
business with him, and did not know that he
had with me. He said he hal. Iasked him
what it was. He said he wanted that
thing around my neck" l asked ''what
thing?" "That WATCH" he replied, and l
will give you just one half minute to give it
over. He drew his pistol, cooked il, and hold
to hell in half minute if he did not give it to
me-" said that would give it to him. and
began to take it Off The guard was entangled
in my neck-cloth, which had to unite to get
the watch loose. Brown told me several times
to hurry up" with threats. l told him not
to harm mel would give it to him as soon as
| could get it free. After removing my hand
kerchief, and finding my collar button over the
guard, broke the latter off, rather than to de-
lay to inhibition the collar, fearing he might
fire. I handed him the watch. He took it
and then demanded my money. Itook outmy
pocket-book, saying that there was not much
money in it, and requested him to give me back
the papers in it, and asked him also to let me
keep the money, as l needed it for some pur-
chases l was going to the city to make. After
examining it he shut it up and passed it back
to me- saying that he did not want damned
empty pocket-book. After word or two more,
he rode off.
The watch he took from me was a gold
watch, of the value of $50. It belongs to my
grandson, but is in my care.
The other two men did not assist Brown,
nor do know whether there were men in sight
Of us when was robbed.
Brown seemed to me so much intoxicated as
to be reckless in his conduct. After he got
sober he regretted the act very much.
The prosecution called Hartman Young, pri-
vate in Co. E, Capt j. K. Mclean, of the same
Company, Lieutenant Cullum of Co. D, and
Deputy Sheriff John Grace. to prove that
Brown had the watch, and how it was traced
to, and obtained from him.
The prosecution here rested, and Mr.. Heard,
Attorney for the defence, moved for the dis
charge of VIM. D. Wilson and Robert Paul, as
they did not seem in any way concerned in the
taking of the watch. The Court ordered their
discharge so far as this charge was concerned.
ON THE PART OF THE Defence,
Lieut. Culluns testified that all three men be.
longed to bis company. Brown was peaceable
and orderly, except when drunk, but is so
reckless that he is as apt to strike his own Of
ficers as any one.
Capt. Mclean testified that Browns charac-
tor In Ia bad In
him on such spree before, but had seen him
intoxicated several times.
8. G. Fleming, Sutler of the regiment, also
testified to Browns general good character.
Mr.. Heard argued that this was not an actual
felony, as charge d in the complaint, but rather
foolish reckless freak of a soldier boy, under
the influence of liquor, which has been proved
to have particular effect on him. The whole
circumstances show that Brown was in good
humor rather than dangerous and felonious
mood, and that an assault would probably be
the extent of the offence he should be found
guilty of. 1t had been shown that Brown bore
good character-had been trusted in respons.
ible offices in his regiment, and when he got
sober after the robbery, felt deep contrition at
his own folly.
Mr.. Horne said that all the elements and in
cidents necessary to prove highway robbery,
had been shown in the testimony. Brown pur-
sued Hoag, intimidated him by use of deadly
weapon and threats, and robbed him of his pro-
perty. 1t was not shown that, even if Brown
was intoxicated, he did not know what he was
about 1t was not shown that he was unac-
countable. He seemed pretty. shrewd and
clever about it.
Justice McElrath said he hardly felt warrant
ed in deeming the intoxication palliation to
such an extent as to justify him in adiudging
the defendant guilty Of an assault merely. He
would therefore order him to be committed
without ball. to await trial.
The court then took recess until 2 o'clock.
THE KERsr ROBBERY.
At the afternoon session, the case of the
State Is Robert Paul and John Hepburn. for
robbery of Peter 10. Ke-st was called. The
following is the evidence for the State:
PETER EVpsr