Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-01-28
1T IT 1RTN."
Ail of the Lawyers Onto the Frank-Burke
Case Yesterday.

The laws delay' has passed into wildly accepted
proverb. But, yesterday, at O'Clock p. NJ, with
astronomical accuracy and business promptness the
Frank phase of the Burke-Frank case was resumed
in Judge Wilkins court.
Frank was there.
Burke there.
O'Bren and Cornish were there.
ClOugh and Rogers were there
There were books i'll abundance plentifully piled up
as auXiiares there.
And there was big crowd tcere,
Mr.. Cornish tiguratgey SHE'D his castor into the
r2ng ny making motion for the REALTORS discharge.
This, he claimed, was aknock down for his side-the
otner size taking The tumble, of course. This pre-
sented the case upon its legal merits and required
fu argument upon all the points, principles shades
shadows aud sembiances naturally sl,rroundi g 50
important an Interstate affair. Mr. Cornish
went at the legal features of tha
problem without shrlnshing. He made only one
reservation, in the case his motion to discharge the
reiator was denied he reserved the right traverse
He then stated the grounds upon which he based
his si molten Firs he declared the court had juris
dlctlon to make the inquiry not only to the extent of
the regularity of the papers on their face but
whether there was any foundation for their issuance
IN the first place; to examine into the affidavit etc
to see if crime charged. He commended no
crime was charged, and fortified his position by
elaborate and lengthy quotations from various an
Mr.. O'Brien followed in ectenso in support of his
colleague. He, i'll substance, claimed the right to
the inquiry, and was emphatic in his declaration
quoting the books to sustain himsef-that The PAPERS
were insufficient and defective in alleging no crime
against the relator Counsel closed with a reference
TO the 1ndgnity offered by Chicago
sheriff to the citizenship of Minnesota bv the ELAN
destine manner in which he had ACCOMPLISHED the
arrest of Frank with Irregular PAPERS He
brought his remarks to an end with an eOui,ent ar
ra'gnment for the outrage perperated in the name
Of law to further conspiracy devised and concocted
against citizen Of Minnesota.
Nh Rogers arose to reply. He prefaced his arau-
ment by abiding to Mr.. O'Byien's remarks in which
ne sought TO casdgate everybody who differed with
ms view Of the case He himself TO rebuke
the learned counsel for ndulgng in such flights of
oratory, when facts and principles Of law alone we're
TO De discussed upon their merit Counsel then took
up the argument He assumed the position FRAT tho
papers were correct, regular and binding; and that
the court would have to hold accordingly
Colatery the jurisdiction of the court was Gisne1
and it was commended that the United States courts
alone had the right to adjudicate in the matter at
issue. "
Tne sum and substance Of the argument was that
5urke was acting under the laws Of the United States
mat ne mad been commissioned by the Governor Of
limos to do specific duty and that fu faith and
credit should be accorded by all departments of the
state OF Minnesota to this action of another State
the a1oaVt feature as to its suticiency, etc. was
next TAKEN up and the claim urged that all the pre-
requisites enoined Ey the act of l733 relative TO f
Sluves from justice, were complied WITH and Frank
should be remanded to Burke's CUSTODY Connse
closed by referring to Judge Nelson's la.e decision
and claimed the import of that opinion bore with
force upon every point involved in the case at issue
MIR. Clough took no the argument for the respond
ent, Burke, and elaborated it at length. He claimed
and urged that it was an immediate and forceful
precedent, which, from the wide accepted Courtesy
between courts, could not and would not be over
looked by the court. Pending Mr., Clounh,s
argument, which was exhaustive in the dsnav of
legal research and apt illustrations and anicatons
the court adjourned until to-day at II O clock A. NJ
This was decidedly noticeable, the argument Of
counsel on beth sides more elaborate atfentra
to details and repete with references than when the
case was argued before Judge Nelson. They have
been bOujnp