Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-02-03

investigation before a committing magistrate
SO that the defendant shonld have given him
the right and privilege of defending himself.
He argued that during the whole time from
the 9th of November till the Sth of January no
complaint had been made to any official against
defendant. His client was an official of this
city, and the indictments and the charges
against him were made use of by parties for
political purposes. And if the case be sub
mitted to grand jury in May. for all that
length of time he would have to submit to
these indignities without redress or a chance of
vlndication. In the event OF the grand jury
failing to find indictments against him,
in May he will be wholly debarred
from clearing himself of the stigma of these
allegations, and the counsel was convinced that
the jury in May would fail to find the accuse
tions true, for he understood that parties who
had given testimony in the matter, were now
ready to testify to exactly the opposite. Coun-
sci thought it very hard upon a man to lie
under the ban of such imputations for such a
length Of time. and he urged the court to give
him an opportunity to give complete answer
to the charges, and so remove the stigma and
reproach which like cloud lowered over him
and his family. After Mr.. O'Brien concluded
his remarks, Mr.. Uri Lamprey arose and said to
the court, g concur in what the counsel has
said'
The judges then consulted together and said
There are some reasons why it would be adj
vlsable to take the course suggested by the de-
PENDANT, if it could properly be DONE but
we can hardly see how such u course could be
taken consistently with the provisions of the
statute The statute provides that the de-
murrer shall be a bar, unless the court, who
are of the opinion that these objections can
be obvlated, shall direct a re-submission
There is no provision for two proceedings going
on at the same time. If this is notresubmitted
to the grand jury, it is a bar to the indictment.
1t there Is an ex-parte examination taken be-
fore magistrate-two proceedings pending one
in this court upon demurrer, and the other
| before a committing magistrate-conseque
there would be great difficulty in unfolding
any such proceedings. 1t could not properly
/ be done.
/ Mr.. O'Brien-We argue suspension Of the
order resubmitting the indictments to another
grand Jury and we ask that one of your honors
sit as Il committing magistrate and we be per-
mltted to show cause to produce testimony or
otherwise against resubmssion of it, and we
wish in that way to examine into all the mat
tiers. AS understand it, there is nothing, nc
phase OF human affairs in which the law
does not afford ample and complete safe
! guard. Now put the case in this way, sun
pose these men are completely and entirely
innocent of all these offenses charged or any
other charge, [ am fully convinced they are:
suppose that a grievous mistake has been made
is there no remedy that will protect him not
only from incarceration but from the cloud
hanging around him. The bail which the court
has fixed is a bagatelle, they could as easily
find $4,000 as 81 900. One of these men is an
official and employed day by day in doing
official acts in the Common Council of the city.
man to whom public attention is called, vet
he and this other man, if they be innocent,
from this time until next May, and in the
/ period mentioned if the Grand Jury of next
May, falling to find the facts upon which these
indictments found this man in his official
capacity may be by them hindered from per-
forming the public duty which is imposed
upon him up to that time Now if that can be
averted in any way should be glad to have it
done.
THE APPLICATION REFUSED.
Judge Wilkin said: 1t is undoubtedly a yery
/ great hardship to these defendants, if they are
innocent, to be held upto the world as criminals
before the public view. But that is a misfor-
tune which occurs, and mnst be submitted to-
| by all persons who are charged with crime. The
court has decided that these indictments should
be made more specific. AS already stated, we
have come to the conclusion that these are OBJ
/ jections which may be obviated in a new in
dictment. OF course we know nothing of the
truth of these allegations in this Indictment.
If these parties innocent it is to be pre-
sumed that the next grand jury will ignore the
indictments. We should be very willing under
the circumstances of this case, if there was
anything the court could do, but we have no
alternative but to re-submit the case to the next
grand jury.
Defendants then put in their bail Martin
and William Delaney in ST. 900 each,) and with
drew.