Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-05-31
article Sip.
Upon this article Mr..
% NJMpT

A. ". KIMBLE,
clerk of the court, was called and testified that
the coxrt records showed no grand jury report
for 1867.
LAFAYETTE FRENCH
was county attorney Of Mower in 1876. Heard
the charge to the grand jury at the September
term, 1876. The Judge stated he had informa-
ton of irregularities in the county treahurer's
Office and instructed an inquiry to be made.
Was also in attend ance at the March term,
1877. The judge charged the grand jury, read
ing the statute as to their duties. He then
stated to the grand jury that he had informa-
ton of Irregularities in the treasurer's Office;
that the treasurer had received an order from
the settlement he refused to pay over
all the money in his hands due the
town Of Clayton, but proposed to turn over
instead the order in his hands. He also charged
the grand jury to the auditors allowing the
band to practice in his office, which he declared
to be a misbehavior. The judge also called the
attention Of the jury to the statutes specifying
! what constituted embezzlement. The judge
stated to the jury that he did not know il the
facts as charged against the treasurer were
| true, but if they were they violation Of
law and should be investigated thoroughly.
the jury as to their duty and dismissed them.
Heard the report of the grand jury in 1877. 1t
was filed with the clerk of the court. Saw il
after filing. Thought the paper submitted was
copy of that report and it was put in evil
dence. 1t set forth that the jury found nothing
| irregular in the treasurer's Office.
| TO Mr.. Losey Mr.. French said that he had
never compared the copy with the original but
thought it was true copy. II was the entire
| report.
| TO Mr.. Campbell-At the March term, 1877
after the general charge to the grand jury, the
jury came in and presented a paper to the
judge, and he sa d to them that the law did not
allow the treasurer to receive town orders in
payment of taxes, and also read from the
statutes to show that the failure to pay ovel
money received for specific purpose consti
tuted embezzlement, and ordered the jury tt
investigate the matter fully. The next time il
came up another paper was presented to the
judge. He held the paper before hin
and said that you find that there are no irregu
| larities that would warrant the finding of ar
indictment and he told the jury that he want
ed the facts and not the conclusions. and the
jury retired again. The next time the matter
came up was when the jury were discharged
their attention to their oaths, and said that tn,
facts constituted an indictable offense, and
that in failing to do SO they had violated thei
oaths. The judge further rebuked the grane
jury for their alleged neglect Of duty. Thu
, Judge then ordered French, as county attorney
to make complaint against Ingmundson, ant
the county clerk to make the order of record
when the jury was discharged.
Mr.. Campbell-We now desire respondent t.
furnish that report, if they have it.
-, Mr.. Losey,, Of counsel-We have not got it
The last resolution of it, so far as we know it
was in the hands of the clerk.
French continuing Monday the judge asket
r IT he had obeyed the order. Had not bu
) drawn the complaint that night and presente
it the next morning, swore to the complaint t
, the best of his knowledge and belief. TIL
: complaint was submitted.] Page said he woul
give notice when the examination was, called
e Two or three days after was informed Ing
mundson had been arrested and was befor
Judge Page. Told the Judge he did not kno,
e what witnesses to subpoena, and the cas-
r was adjourned to the 18th of Apri
3 In the meantime asked the judg
tend to that. At the time Of the trial Mr.. Col
t man and Harolson appeared as witnesses fl
the prosecution. Mr.. Cameron appeared fl
1Dgmundson. Examined the witnesses an
J. Page took the matter under advisement. Ne,
d morning all appeared before Page. After e,
animation of witnesses for prosecution, d.
: PENDANT declining to submit testimony, tt
G Judge stated his views, and wound up by fxin
the bail at 81 900, saying ut the same time thu
b he supposed defendant would appear upon b
own recognizance, but the history of the count
in the matter Of defalcations for the past ye;
= had been bad. Several persons, who had bee
= considered honest, had defaulted ar
forfeited their recognizances. Did N
subpoena any witnesses, and di
not know by whom they we
! subpoenaed. A copy of the court record VI
: then submitted as evidence and ordered spree
l. trial was written down by Judge Page, re:
e over to the witnesses, they signing their nam
to it.
n Mr.. French then read the complaint in IL
d case, specifying portions interpolated into it
IT the direction Of Judge Page, and not cover,
t Continuing Mr.. French said he judged tt
report was in the handwriting of Andrew Kno
le foreman of the grand jury. The Judge charg
it the grand jury in reference to that matter 70
7. or five times. When the judge discharged t
es grand jury he was considerably excited.
" Cross-examined, Mr.. French stated he knt
of no lawyer being upon that grand jury; "
e in the room with the grand jury only VIII
E. they sent for him as q rule. Jury came in
the court frequently during the session; shou
as think y or Is times. The jury were not
e. ways charged in relation to the Ingmuds
!. was not before the grand jury at any tir
when the Ingmudson matter was being
" quired into. At the trial Ingmundson waiv
le examination. The court said to Ingmunds
t. he preferred he should introduce testimon
le saying he wanted the facts brought out. Jud
III rage cnaIgeu tne grand jury thaC IN no ca
should a defendant be allowed to appear befe
" them, as under the decision of the supre,
Or court an indictment SO found would be inva
dated. Heard that Ingmundson did a
/ pear twice before the grand jul
re Only known his own story of the way
Ii got into the room. Never examined in
rhe facts in relation to the Ingmundson cas-
> Would not swear positively Judge Page stat
that the fsot Of tho auditor allowing the ba,
o TO practice il bis office Of niehta way an iudsct