Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-10-17
NOT GUILTY.
OFFICER CASEY PROBES 1T And
GOES ON DUTY AGAIN.
Towards Ci,izen--Tbe Council by Vote
of to 8 Pronounce Him Innocent.

An adjourned meeting of the council was
held last night to try police officer John
Casey, on the charge of having made an as
sault upon John Egan, on the night of DC
tober 9th. Present: Aid. Allen, Dowlan,
Grace, Griggs, Mccarthy, O'Connor, Smith,
Sanborn, Mr.. President, and the mayor.
A communication was read from City At
torney Murray stating that he was called
away from the city, and that Mr.. j. B. Bris-
bin would act for him in his absence. So
ordered.
Mr.. G. D. O'Brien appeared for Officer
Cssey, and Mr.. s. l.. Pierce was admitted
as counsel for Egan, the complainant.
The question then arose as to how pro
ceedings were to be conducted.
Aid. Grace and Sanborn held that the city
was prosecutor, and Mr.. Brisbin should act
as prosecutor.
Mr.. Pierce said he was willing to net as
coadjutor, and so the matter was subsequent
ly arranged.
A bit of discussion then came up as to
whether there were enough members present
to convict or acquit.
Aid. Grace said q two-thirds vote was
necessary.
Aid. Sanborn-Where do you get that?
AID. Allen--Out o. the charter. Then he
proceeded to read accordingly.
HOW MANY ALDERMEN HAVE WE.
Mr.. Brsbin to Mr.. Pierce, in a whisper =
How many aldermen are there?
Mr.. Pierce to Mr. Brisbin, also in whis-
per-Darn if know.
GLOBE Reporter to both, likewise in a
whlsper-There are twelve.
Mr. Brisbin and Mr.. Pierce, both stimuli
taneously, in a whisper-Thank you.
Aid. Griggs moved for call of the house.
And then Ceief Weber was instructed to
send after absent members, and pending
their arrival the council took recess.
WHO SHALL PRESIDE?
On the resumption of business, Aid. Dow
IAN wanted to know what vote would be nee
essary to verdict?
President Rhodes-An the attorneys
agree IN saying majority vote, only, is nee
essary, and such would be the course of &C
ton.
Aid. Snnborn wanted to know what part
the mayor took in the proceedings. Would
ne vote as a member of the council, or
would ne exerci @ the right of veto2 He
called upon the counsel engaged in the case
for Their views.
Mess.s. O'Brien and Brisbin were in accord
In the belief that the mayor should preside.
Mr.. Pierce disagreed with the others. The
mayor was not ex officio member of the
council He was an independent officer,
wholly separated from the council. He
heard the evidence with the council, but was
IN no way bound by their action. 10 quote
the charter: The mayor and common coun-
Gil may fix time and place for the trial, = j:
near and determine the case" AS a pre-
siding officer he could not exercise any power
OF determining; he could not vote, not bein g
an alderman. He heard the case with the
council, but by the law the right was reserv-
ed to the mayor to determine for himself on
the merits as an independent officer.
Aid. MCCARTHY didn't believe in technical
tiles, and wanted to get to business.
Mayor Dawson solved the difficulty by
saying he believed he ought to preside.
Aid. Sanborn moved that the house do re-
solve itself iuto court of inquiry, that the
mayor preside, and in all questions of law,
fact, or on the question If a verdict, the
same should be decided by majority the
vote OF the court as constituted. Carried.
AT WORK AT LAST.
Ano NAoyoi 1ooh Cne cna1r, Othcer Casey
pleaded not guilty, and John Egan was
called as the first witness.
EGAN's EVIDENCE.
Witness stated that the night of the 9Th
inst, he.Went into Doyles saloon on Mime
sofa street about - o'clock. Met Casey
there. Casey wanted to know why he was
there, and said, "You damn thief, what are
you doing here?" Witness said he wasn't a
thief. Casey said he was liar. Witness
called Casey liar. Then Casey struck him
IN the eye. Witness expostulated and said
Casey bore him grudge since he got him
on the force before for bad conduct. just
then VIM. McAndrew came in. Casey abused
MIN also. Finally, witness said Casey
wanted to arrest him. Witness was neither
drunk or disorderly, and he grappled with
Casey. Witness then started to relate other
occurrences as evidence to show malice ON
Casey's part.
Mr.. OBrien objected as irrelevant and
demanded that the testimony be confined to
the matter at issue,
Mr.. Pierce contended it was competent.
gong to show the reasons for Casey's as
sault. Wltnes was struck, and the evil
oence went to fix the charge on him.
The chair called on Mr.. Brisbin, and he
decided the testimony was not admissible.
Witness resumed, he found Doyle alone in
the saloon. Casey and friend came in af-
forwards.
BY Aid. Allen-Witness saw Casey drink
once IN the saloon. He drank whisky.
VIM. McAndrews wa, next called. bnt
didn't show up.
Mr.. O'Brlen to expedite matters said he
was willing to admit his testimony whenever
he couli be found.
DoYLE's TESTIMONY.
The defense introduced John Doyle. It
was in his saloon the trouble occurred. Wit
ness was present John Egan came in about
~ o'clock. Egan got a drink and was
pretty full. He was there ten minutes when
Officers Casey and Scully came in and eot
cigars. Esan turned around and called
casey thief and s-n of BIB. Egan
tnen SAID ne had put him, Casey, off the
force once and would do it again
Az that ne reached for Casey.
ahu lell down. and when he got up there was
blood on his (Egan's) face. Witness then
called on Casey to arrest Egan. Afterw ards
Egan came back to his saloon and wanted
Casey, the 81 of h-h, as he called him.
Witness denied that Casey had drank in his
saloon, or that McAndrews was there at all.
On Cross examination Doyle defined
drunken man to be one who couldn't move
or was lying down. Egau was pretty full
Oncer Casey showed Egan away and he fell
down and struck his head against the counter
Didn't see Casey strike Egan at all.
4 SMART LAWYER, BUT SMARTER w1TNrss
John Il. Lyncl was next sworn. Witness
came in to Doyle's; saw Egan and Doyle to-
gether. Then Casey and friend came in.
Witness testimony was then wholly cor
loooratlve OF what the former witness had