Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-01-29
HIP, HIP, HURRAH |!

Now There's Fun-A Rig hit Jolly Debate
O'Brien Scalps Rogers-Rogers Scalps
O'Brien and the Trophies Dangling at
Their Bclts-The Shedding Of Blood or
Something Else Calmly Averted by the
Court-NIeantime Frank Hangs in Limbo.
Yesterday the Frank-Burke case drew its long
length along before Judge Wilken for another
whole day. The forensic fight began at 10
o'clock A. NJ, and continued with unabated
zeal until 3 o clock P.
Mr.. Clough resumed his argument from the
previous day. Counsel consumed the fore
noon in delivering an extended and
exhaustive argument in behalf of his
client, the respondent Burke. The points
involved in the contest--which by this time
are familiar to every man, woman, and child in
St. Paul--were dealt with III a mastery man
ner explained with frequent quotations from
the authorities, and were logically summed up
in the one emphatic declaration Burke had
the authority in law to hold Frank, and Frank
should be remanded to Burke's custody for
transportation to Chicago.
Mr.. OBrien replied, consuming fragment
of the morning hour. and resuming after the
noon recess. Counsel reiterated at length his
claims in law for Franks liberty. He was fire.
quent in quotations, and applied with vigor
all the cases in the books analogous to the
one at issue.
FOLDED HIS ARMS AND THUS HE SPOKE"
in concluding his remark, counsel took occa-
sion to say that he had been panied and
startled from his preconceived ideas of profess
sioual decorum by an assertion of opposing
counsel yesterday (Monday.) Counsel had been
pleased to say. III language more properly con-
fined to Tappau, McKillop & Co.'s collecting
agency than court room, that the United
States district Judge had ''set down. on him.
This came with ill-favored odor from the
counsel, he claimed. He (the speaker's) con.
nection with The case had been above re-
preach and purely of professional
character. Could as much be said of his
opponents attitude in the affair. Counsel
then took up q GLOBE and read from an inter
view with Attorney General Wilson. Counsel
claimed this somewhat showed the animus
which procured the Governors warrant fo1
Franks arrest. And the cOunsel's (Rogers,
connection with the case was not unlike tina,
of the attorney general. So much so, that
when the case, which had attracted general
public attention, was called to the attention
of the grand jury by this court
and taken by then, under advisement the
counsel (Mr. RogerH) in open court had his
robes of Office stripped from his shoulders, fol-
his connection with the such that hao
Burke been indicted, the counsel would neces
sarily have been found an accessory to the
crime. AS a tinality counsel (Mr. O'Brien) said
if Burke got Frank, it would be more due tt
Franks counsel, for they had brought the case
to court whose action would be final and
from such action none could or would demur
''AND THIS TO ME, HE SAID
No sooner had Mr.. O'Brien got down into his
seat, than Mr.. Rogers got up out of his. He
stated he felt called upon to make
an explanation after tue datribe by
which the court had been RECALLED
and he imraled by opposing counsel. He de
ciared every statement false in fact and false
in assumption. and false in every particular
he denounced the attack as unwarranted by
anything he had said and that it stepped be-
yond the bounds of common, ordinary decency
Counsel then went into an explanation of his
connection with the case. He claimed that he
had at first been connected with it as q pure
business matter. as Leopold's attorney. Thai
when it came up in form before the municipa
court, he had declined to appear either for de-
Tense or prosecution. That speedily and with
out any consultation, counsel (Mr. O'Brien'
had usurped the functions Of pros.
eoutor. just here counsel referred
to Mr.. O'Brien as the originate,
of the whole motion against Burke. He found
fault with him for swearing to a op1plaint
against Burke for kidnapping on the first ar
rest, when he (O'Brien) knew of his own
knowledge that Burke had made the arrest un-
der authority regular in form from Gov. Pills.
character Of complainant, usurped the office OF
prosecutor. as he With foul tongue had given
utterance to vile, malicious insinuations and
sneering innuerdoes--
At this point counsel became exceedingly
Emphatic in language, manner and gesture
and was checked by the court.
The court remarked that he had allowed the
matter to 60 further than be should have done
And that further illusions of a personal ma
ture must cease.
Mr.. Rogers essayed to rise and address the
court
The Court have heard you, and enough.
Mr.. Cornish then continued the argument
TOR the relator, Frank in few remarks calling
particular attention to the authority cited
The court stated that owing to the number of
authorities cited. ETC., he would reserve his
opinion until 10 O'Clock A. NJ. to- day.
The crowd then surged out of the court room
and in fair state of good hurnor. The little
episode above recounted repaid them for the
patient wait through the dry details Of cases
of ex parte Smith ct al