Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-01-14

when yesterday got above the horizon, the
Frank-Burke case had been much shorn Of its
glory.
Frank had sunk into the obscure depths Of
privacy. he had become again one of the
$4,000 citizens of St. Paul.
Burke was public property yet, but even the
excitement about him had partially ceased. His
case was set for trial, and there were not a Jew
who. having failed to get an introduction Sum
day, were anxious to get sight on Monday.
The Tyiui.
The evidences of something unusual were
many on Wabashaw street about III o clock yes
terday. Crowds in knots of half-a dozen gath
cred about the jail-,a ard. Everybody in the
crowd forced towards the Jail. Stragglers In
squads of tnrees and four-, hen the time was
on the strike of IL, walked rapidly towards the
municipal court. There the Gro ~d had assumed
tho proportions of mob and momeutariIy
gained in numbers.
Let's 70 H."
Then tue crowd made rush.
mo you don't" remarked Officer Mitchell,
who was on guard. And they didn't 60 in.
Another party came up to go in.
mo, you DON'T" said Mitchell interposing
his body.
Il am perfectly willing" was the reply.
Let him in, said Deputy Sheriff Harrison;
Hes Burke"
Then all the crowd became eager.
Notwithstanding the precaution taken to
keep 'em out, the court room was densely
crowded.
THE CASE CALLED.
After disposing of case on trial, Burke's
case was called.
Mr.. E. G. Rogers, county attorney, arose and
stated that from his previous connection with
the case it could readily be understood that It
ho: AL, 60 L
ties # prosecuting the case. If it is true that
| the law had been outraged ALLEGED it should
be indicated, and the offender brought to
| punishment. Under the circumstances
| he thought it best that the case should b.. COM
mitted to the charge Of Mr.. G. D. O Brien; be
| was acquainted with it. and would see that
! justice done the State. MIR. Rogers felt
| that it would be improper. being public
prosecutioner, to appear in Burke's behalf.
Therefore he announced his entire Withdrawal
| from the case. He stated that Mr.. Burkes
counsel was w. p. Clough, and that he was
absent in Shakopee. In consequence, be
thought Mr.. o. Brien would not object to a
| Iostponemens of the case. Mr.. Clough had
not yet examined the case. and would reserve
the right to urge any objection to defects in
the complaint"
The court here interpo-ed. He remarked
that the grand jury would be in session to-
morrow, and it was customary to refer cases IN
volving so much to them at once.
Mr.. OBrien commended that the case ought to
have preliminary examination before the
court. It involved technicalitics and points
which could be determined before the court.
and not before grand jury. Particularly
this SO in making inquiry into the manner of
obtaining the warrant of arrest. The matter
Of conspiracy was involved, and should be
passed upon by proper tribunal.
Mr.. Rogers said Mr.. Burke offered opposf-
ton to this. He wasn't ready to plead now,
and only asked for continuance until 10
O'Clock A. NJ. Wednesday. and that he be ad-
mitted on reasonable BAIL
Mr.. O Brien urged no objection. He felt
that Mr.. Burke, as an officer. had reputation
to sustain. and need not be bound over in ex-
cessive sum, ord narly the custom in a case
like this, involving such grave charges.
The court said if the facts alleged were
true the charge was very grave one. Under
the circumstances he would hold the accused
to bail in the amount of $4,000, and until the
amount was forthcoming. he stood committed
to the custody of the sheriff.
The court adjourned the case to We'd
nesday.
The crowd started to rush out, but were
checked by the court.
Il might as well say, precaution to the
trial on Wednesday, that this building is very
unsafe. 1t will surely fall under the weight
of large crowd, and has already settled sew
eral inches to-day"
Then the crowd everlastingly got out.
Burke, in charge of Deputy Sheriff Harrison,
went into the clerks Office Several preferred
bail. Among them were J"ho Grace, VIM. De-
laney, Pat Keigher, and others. Burke declined
the favor with suitable words of gratitude, and
went back to Jail.