Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-11-08


on HE and referred to the city attorney, COM
mlttee on streets and city engineer to consult
with the railroad company to see if the recon.
mendations of the committee be accepted, aud
II So that the city attorney be instructed to
prepare resolutions and an ordinance to cover
the same and report at the next meeting of the
council. Adjourned.
FIGHTING FOR FREEDOM.
Argument in the Supreme Court for New
Trial in the Minis Defa1cation Case.
Judges Gildllan, Cornell and Berry, of the
supreme court, sat IN 6anc, yesterday morn
ing, to consider the application of W. W.
Erwin. counsel for the respondent in the case
of the State of Minnesota against Charles
r. Minis, thu defaulting treasurer of Mcleod
county. The circumstances of the defalca-
ton are generally known to the public, but
for the sake of those who have not conve-
nient memory, it may be stated that, while
officiating as treasurer of Mcleod county,
the defendant defaulted, the polite term
for official turpitude or population,
to the tune of $4,000.
For this crime he was tried before Judge
Mcdonald, in Mcleod county, in November,
1873, resulting in his conviction on three
counts. A stay of proceedings was asked
for and granted, and the case was appealed
to the supreme court. About three weeks
ago the case came up for review, and, after
due consideration, the finding of the lower
court was sustained, and the prisoner was
remanded back for sentence. pending which
counsel for respondent asked leave to mo-
ton for new trial, the application for
which came up for hearing yesterday morn
ing. -
The interests of the respondent were rep
resented by Mr.. w. w. Erwin, ATTORNEY
General Wilson appearing on behalf of the
State. ,a....,
In commencing his remarks Mr.. Erwin
thanked the bench for the courtesy shown in
allowing the motion for a rehearing, after
which he called attention to the incompe-
tency of one of the jurors who served on
the trial. Counsel adverted to the garbled
manner in which tho testimony had been
written up by the court reporter and said
that owing to the peculiar manner in which
the books were written up, the court could
not see the exact state of the evidence as it
had appeared to the court below. The in
competency of juror named John Thum
was then adverted to at length. Exhaustive
arguments were adduced to show that the
juror had not been constitutionally natural
lied. His challenge had been excepted, and
during the trial much of the best evidence
had been overruled, which seemed sufficient
grounds for bringing the case squarely up
for adjudication. .....--
The testimony was not competent to prove
naturalization, and the object was to make
the exceptions matter of pure and COM
plete record, so as no question on this point
could entangle or embarrass the case hereaf-
ter. The question was one of constitutional
rights, and involved the principle as to
whether the liberty of citizen of the United
States could be invaded by man who was
not mis- peer.
The constitution provided and clearly OK
pressed that citizen could be tried for his
liberty only by peer. The court below had
passed on the case, refusing to say the testi-
incompetent. The question complained of
was the ruling of the court az to the admis
sion of the juror. Counsel here submitted
authorities from New York supreme court,
No. 43. in which the questions relating to
naturalization were fully reviewed and passed
upon, the conditions necessary to citizenship
being analysed and completely codified in
several decisions alluded to-
The manner prescribed by constitutional
enactment was fully set forth, together with
the necessity of the fact of naturalization
being matter of clear and distinct record,
and counsel declared that in the matter of
the naturalization of aliens the supreme
court exercised only an appellate jurisdic-
ton, could not naturalize, and all their acts
IN that behalf were void, as shown by the
decisions alluded to that the record was not
produced showing that the person had been
naturalized by the proper court, as shown by
record and declaration.
In this case no attempt was made to prove
record, the bare declaration being that the
man only intended to become citizen.
Counsel then alluded to, the affidavits of five
Jurors sh owing that newspapers had been
admitted to the jury room, and thai three of
the jurors had confessed to having been in
huenced by the account of the trial in MAX
ing up their verdict; attention being also
called to the harsh rulings of the court and
his charge to the jury.
Counsel said that the fact of jurors having
been Influenced by reading newspaper &C.
counts of the trial was enough to set aside
the verdict. The question as to the fulfill
ment of the stipulations of the bonds were
then spoken of, and counsel spoke of Sievrs'
connection Herewith, stating that he was
not qualified to act as treasurer, az he was
not citizen of the United States, and that
his demand of Minis was not prima facia
evidence of embezzlement.
Counsel claimed that there was no author
ity to support the new doctrine laid down in
the opinion of tho court to the effect that an
admission was not governed by the statnte
excluding confessions, and claimed that the
only case in English law was the case of
Lord Melville, tried before the House of
Lords for embezzlement of the English ex-
chequer, and even in that case the ruling
was not sustained.
In reply States Attorney Wilson said that
it was matter of record that the decision
of the court was final as to the actual bias of
the jurors. ~-
In respect to the question of Sievrs' eligi-
bility to the Office, counsel said, was settled
by the opinion. It was matter of fact that
all the commissioners we're present when the
appointment of Minis took place, and wheth-
or he was naturatized citizen or not made
no difference 50 long as he was good citi-
zen de facto. The afidavits of the jurors
were spoken of, which counsel said had been
excluded by policy. There was no evidence
of misconduct, and Juror could not i'm
peach his own verdict. .-..- . ...r.
The motion was taken under adv;sement.
Child rens' Furs. .-.-.. ..
job lot, splendid and cheap, at Pannelrs, Ill
East Seventh street -.
The Boot and Shoe Dealers Combine for a
Squeeze.
Owing to the great rise in rubber boots and
shoes, the dealers OF St. Paul have adopted the
following prices for this season: