Daily globe., 1879-01-23
BURKE'S GRAB.
THE UNK7ED STATES OF AMERICA
: CONSIDERING TT.

CONSIDERING TT.
The Story of the Arrest and Rescue Reto1d
In Court-Both Burke and Frank on the
Stand-Argument of Counsel in Progress
A Decision Expected To-Day.
The Burke case came up before Judge Nell
son, United States district court, yesterday,
and went to hearing. A large audience as
sembled to take in the points, and did it with
commendable constancy from 10 o'clock A. NJ.
to 5 o'clock P. NJ.
BURKE s STORY.
The case was opened without any prelimin-
ary skirmishing, and Burke was put on the
stand to relate his story OF the Interstate
transaction. He repeated in all essential re.
spects the account of the affair given in the
GLOBE 8 interview with him.
Witness then exhibited his authority or papers
IN the case-the commission of the Governor
of Illinois and the warrant Of the Governor of
Minnesota.
Mr.. O'Brien took objection to the exhibits,
particularly the Governor of Illinois commits
sion, incompetent.
Mr.. Clough then introduced certified copy
of the requisition from the Governor of IL
linois On the Governor of Minnesota for Franks
arrest.
Mr.. O'Brien objected again on the grounds
of incompetency. Papers admitted in evidence
under objections same to be argued when case
WAS argued.
CROss-EXAMINATIoN.
On oross-examnation witness didn't differ
materially from what he had said in the di-
rect. He entered into recital of a few details
not particularly essential to the ISSUE Among
the points elected was the confession that he,
witness, had received $3.50 from Leopold
Brothers, and that he had been advised to take
the West Wisconsin road to get out of the State
soon. and thus avoid an arrest. At Hudson
and Hastings he had registered under fictitious
names. He had asked MIR. Cornish to permit
him to take Frank to Chicago, and he would re-
turn in fortyeight hours, but had said it to
deceive
THE COUNTY ATTORNEY.
Mr.. E. G. Rogers was called as the next wit
ness. He assembled the witness stand and
loomed out as the handsomest witness who had
gazed out on counsel from the rostrum for
many a day.
Mr.. Clough asked witness to relate what he
knew about his, witness, connection with the
case.
Sundry objections We're made to admitting
this testimony. Law quoted aud an animated
conversation ensued between court and counsel
for respondent. The upshot of the matter was
that the witness was allowed to make his state
ment, which in all respects corresponded with
Burke's account On the point of defective
papers, witness said he had remarked that it
would have been better had the papers had
been accompanied by the indictment.
interview with the, attorney general. This
officer had stated Frank could hardly be held
to be fugitive from Justice, as he didn't re-
side in Illinois. Subsequently the attorney
general mind was disabused of this idea. by
the witness referring him tn C,rneil's j.
n Slr Ion Tt,o
issued etc. Then the mode of tn. first visit
TO Franks residence, the affair at Hudson, and
the subsequent arrest Or re-arres5, etc. were
given as heretofore published in the GLOBE.
MIR. Rogers witness, concluded by saying he
had never talked with Burke about any settle
ment with Frank for the Leopold Bros.
Ihe case for the relator here rested.
FRANKS STORY.
Mr. O'Brien first called Frank. He got up
on the stand and proceeded to relate verbati m
the interview with him already published in
the GLOBE. He adhered strictly to the account
given there, scarcely varying word.
Mr.. y Brlen here stated that it was his intent
to show just here that Leopold and this officer
mad conspired to get possession Of Frank, con-
Vey him to Chicago and there extort money
from him. And they had made use of the
courts or other means, in Illinois, to impose on
the Governor here.
The court believed this question for the
courts of Illinois, as to whether the process
there was legal. Very frequently prisoners
were taken from one State to another, and then
released, though the papers were regular and
legal IN all matters pertaining to the extra.
dltlon. The court concluded not to allow this
matter to be introduced or entered into.
MIR. OBrien asked that his exec ceptions be
noted.
CROSS EXAMINATION.
MIR. Rogers sailed in to confuse the witness
Frank. He took him up on the subject of
Burke's not allowing him to talk to ANYBODY
IN Hudson. Frank admitted that he pur-
chased clothes from some merchants there: had
allowed him to send back letter and 5000 to
MS wife by the hack driver; and also he was
permitted to write out a dispatch and tele-
graph it.
All this happened before Mr.. Cornish's arri-
val in Hudson. Witness confessed he wasn't
secreted In Hudson; was at the first hotel in the
city, ate at the table with other guests, and
WASH t hidden away by Burke. When covered
up with buffalo robe, as stated. it was dark,
pretty dark, too. Witness had complained of
oelng cold, and Burke said he'd cover him m.
betore that both had used the buffalo robe to-
gether; when witness complained of cold Burke
gave the robe up entirely to witness
Witness confessed that when going over tn
Hudson he (witness) had asked why he was
arrested: Burke told him that it was done on
Leopolds complaint. Then witness asked tn
be taken to Leopold's, and Burke said he
would. Ihls was the first ever said about the
Leopolds. Burke had said that he d take wit
ness to place this side of Chicago, but after
witness had suggested that he wanted to sea
Leopold. Witness confessed that the subject
OF Dali IN Chicago was talked over between
witness and Burke. Didn't remember if he
{witness) had named any one who would 90 his
bail, but he had said he (witness) knew great
many business men there
THE CABBYs NARRATIVE,
MIR. John Flint, the hacknaan was next
sworn. Lived i'll st. Paul. Knew Burke.
Frank and Weber. Had driven the team over
TO Hudson which conveyed Frank there Burke
hlred him, but he had been hired first bv Chief
Weber and Mr.. Rogers Witness was driving
up on seventh street and was hailed by the
chief and Mr.. Rogers. They got in and went
TO TO the corner of Seventh and Wacouta; there
tney met Burke. He told him to
walt' and that he might have to
Iake dr1Ve into. the country. He was asked
also. II ne could keep his mouth shut, and he
Ihey went away, Mr.. Rogers remaining. After
while they came back, Mr.. Burke told Frank
to get in, but he looked like he'd rather waIl-
lLaughter) Then the bargain was made for
%'o' Went to the barn, watered his horses
Frank and Burke-in carriage Then went to a
shoe store, and he got d pair of shoes for
burke. Got to Hudson about o'clock and
left to return at o'clock. Staid that long to
rest his horses, but not at any command of
Burkes. Got back to st. Paul about 8:45
o'clock P. NJ.
MR. CORNISH RELATES.
Mr.. W. D. Cornish has resided in ST.. Pan]
for seven years and is lawyer by profession
Ihen he told what he knew abOnt the affair