Mower County transcript. [volume] (Lansing, Minn.) 1868-1915, 1879-10-16
Common Council Proceeding.

Common Council Proceedings.
Regular meeting.
OCTOBER, 6, 1879.
Present-Mayor Ball and Alderman John
son, wilbour, McGrath, Page and Meany.
Proceedings Of last meeting were read and
approved.
PETITIONS AND COMMUNICATIONS.
The following bills were allowed and order
ed to he paid:
D. H. stimson, boarding prisoners In
E: W. Martin. nights on police, Sept. ! 50
Stephen Carter, putting windows IN ~
rb 5ocHsR Riiev sorv;ces "a chief Of no.
Frank Riley, on watch, 8 nights, Sept. s %
T. X. Keyser, days services as street
commissioner, September. u
The following bills were referred to the
committee on bills: John Minnette, night
watch q month of September, 1907; J. F.
Andrews, nails, $lS.98: F. I. Crane, lumber,
S4564.
REPORTS OF OFFICERS.
Street Commissioner Keyser reported for
the month of September: taxes worked out;
no cash collected. Accepted and ordered on
file.
REPORTS OF STANDING COMMITTEES.
Alderman Page, of Committee on Finance,
reported on sundry Bonds and Coupons due.
and submitted the following: '.That an order
be drawn in favor of H. Wilson for $54.92, in
payment of interest due October LIST, on
Bonds No. 10, IL, IL, IL, H." Report accepted,
and city order $54.92 ordered to be issued in
payment of said interest.
Alderman WilbOur, of committee on bills,
reported ''approved'' upon the following re-
ferred bills: L. N. Griffith, J. p, fees to Sep
TENDER LIST, $5375: VIM. Mitchell, work night
of the freshet, 81; d. H. Stimson, boarding
Jail prisoners, $3.50; John Minnette, night
Waterman, month of August, &2O Reports
accepted, and bills ordered to be paid.
Also reported to pay F. I. Crane, lumber
bill, 5000. Also on James Konkle's bill, s..
on special police service, to pay 81, in full.
Reports accepted, and city orders ordered
to be issued for such amounts in full.
UNFINISHED BUSINESS.
The matter against Justice Noble was taken
up, and the following, his answer, as duly filed
with the City Recorder, was read:
The Respondent, N. Il. Noble, makes this his
ansuer, herein:
First, He admits that he was elected and
acting justice of the peace, in tho city of
Austin, during the month of July, A. D., 1879,
and that one Mary J. Gates was brought be-
fore him on charge of larceny as alleged in
said charges.
Second, He admits that upon tho trial of
said charges, he refused to dismiss the said
Mary J. Gates upon motion of her attorney,
and that afterwards he made an order dis
charging her from custody, but he denies that
he decided in the first ruling that a case had
been made out against said Mary J. Gates.
He alleges the facts to be rs follows: That
upon said trial, after the evidence was In on
the part of the State. the defendants attorney
moved for dismissal of the defendant; that
thereupon the court (this respondent denied
the motion, and ruled that the case should
proceed (supposing, as is customary y that the
defendant would introduce testimony in bis
defense. which would give the court the
chance of determining the case after hearing
the testimony on both sides. That the de-
PENDANT refused to put in any evidence, and
the court, after due deliberation, decided that
there was not sufficient evidence produced
on the part of the State to make out a case
against the defendant, and therefore dis
charged her, which would have been his de-
cisiOn upon the first motion had he known
that no more evidence would be introduced.
That it is often the case in the trial of causes
that the evidence of the defendant supports
the charge against him, and for that reason
this court seldom dismisses a defendant held
upon criminal charge, until he has heard all
of the evidence on the part of the prosecution
and the defense. That he believes his decis-
ion in said case was legal and just upon the
evidence therein produced; that he, in SO de-
Gliding, acted in good faith, without any feel
ing of prejudice or ill-will toward any one,
and without any desire to favor any one, only
acting as he felt it his duty to do as such
court under the laws of the State.
On motion, the same was received and Or
dered on file.
On motion. the committee on bridges was
instructed to see the planking completed on
the south bridge.
BY Alderman McGrath. That when the
Council adjourn, it adjourn to meet on Friday
of this week, at o'clock P. NJ. Carried.
BY the same. That the Mayor issue subpne-
mas for witnesses, in case of Justice Noble,
to appear before the Common Council on Fri
day of this week, at 3 o'clock P. NJ. Carried.
Motion that the Steward of H. & L. Co. pro-
cure paint, and paint the hre buckets of said
Company. Carried.
Motion that the Mayor be empowered to
employ an attorney, if necessary, in the case
of Justice Noble. Carried.
And the Council adjourned.