Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-01-17
TIE UNITED STATES OF AMERICA.
wrestling with the Obdurate Chicago
sheriff-Another Hearing To-Day.

wrestling with the Obdurate Chicago
sheriff-Another Hearing To-Day.
Promptly at IL o'clock yesterday, in Judge
Nelson's court room, the curtain rose on the
thrilling drama of the people Of Minnesota
against James Fl. Burke. Qnite a number of
spectators were on hand, evidently impressed
with the idea that they were about to witness
an anti-climax. In this they were disappoint-
ed. as the proceedings we're conducted with the
strictest reference to the prescribed formulas
as contained in the law. Mr.. c. d. OBrien,
for the State, was early on hand, watchful
positive and chirpy. Attorney General Wilson
was also present, nervous, eiacnlatory, appre-
hensive. Besides these there were PRESENT Mr.
Clough, counsel for the prisoner, who looked
| composed and indifferently confident; Sheriff
hlng, fresh.looking and CHEEKY of voice; the
| prisoner, Burke. faultlessly neat in appearance
| and respectfully attentive In the back ground
| sat France-a negative factor. Among the
crowd was Sheriff Johnson, of Saltwater, hop
| lng for Burke's dismissal through legal tech
| nlcallty. in order that he might serve warrant
that he kept concealed in an inner pocket.
! which hope was doomed to disappointment.
Mr. O Brien opened the proceedings by stat
ing to the court that an answer had been pre-
pared to the writ of habeas corpus in the case
| # the Site of Mime >ota against James II.
| Burke, and that if the court was ready be
| would read the return. Ire court signified
| his willingness to hear the document, where
upon it was read by Mr.. O'Brien, being re-
sumo OF the case as previously published, and
gwen by the court for the final disposition
The court stated that he would override the
| answer and allow the defendant an opportu-
| nifty to prenare a replication.
Mr. Clough said that he would notify coun-
| sci for the prosecution that after the rep]ica,
| t1nn hos nd ha
hearing of the case within five days. as by that
time witnesses could be present from Chicago.
| Mr.. U Brlen stated that he charges contained
IN the complaint and warrants could be proven
high crime against the State of Minnesota,
AMI that interference by other judicial bodies
| than the United States court would be highly
| improper He said this for the reason that he
was satisfied that the relation of the public
prosecutor to the case such as to make adj
verse action against the prisoner almost i'm
possible.
! The court said that if the testimony was pro-
duced testing tSe validity of the warrants the
| case might become exceedingly complicated.
| If the court remembered rightly the time
given defendant in which to answer was five
| days.
! Mr.. OBrien then said he would take it for
granted that no outside proceedings should in
| tuence the Status of the case before the court
Mr. Clough stated that the replication would
he ready by 10 o'clock tomorrow, (this morn
| ing.)
Mr.. O'Brien desired to be informed whether
farther pleading would be required on their
| part.
The court stated that all the testimony would
be examined. as he desired to 60 to the bottom
| Of the entire matter.
Mr. Wilson, for the people. said that the case
had now become a matter Of public history,
and that the general public were fully &C.
qusinted with its details.
The court replied that the question was one
which concerned the sister States and should
| have til rough hearing.
| Mr.. Clough stated that he was unwilling that
| the entire history of the case should be heard.
The question was then raised as to who
| should take charge Of the prisoner. The court
| said that he (the prisoner) was still subject to
the jurisdiction of the court.
Mr.. " Brien remarked that he would have no
particular objections to allowing the prisoner
! bail.
Mr.. Clough said that bail wasn't desired.
The court stated that he could remain in the
custody OF the sheriff if that official would be
responsible for his appearance in the court at
~ o'clock this morning. 1t was SO agreed,
when the parties interested filed out of court,
| which had already djourued.
1t will be seen by the above that it is the in
tention Of Judge Nelson to institute thorough
investigation (by triaD into proceeding that
has already become the topic of conversation
IN tw" or three States. The formal replication
by Mr. Clough this morning. to the answer of
Mr. U Brien, will be spec lily disposed of, when
the court will undoubtedly set an early dav for
the hearing of the trial.