Daily globe., 1879-10-12

Minneapolis, and gave his name as II. r.
Bigelow, because his clothes next to his hide
were thus marked.
All important among the indictments re-
ported, as predicted in the GLOBE, were
those against the social evil. Eight of these
were handed in.
Against Matte Gayle
Against Pauline Bell.
Against Hattie Mcbride.
Against Mary J. France.
Against Annie Olson.
Against Kate Hutton.
Against Jennie Bateson, successor to Mrs.
Hank Clay, who traf1icked under the firm
name of Maggie Morse.
Against Clara Morton, madame who has
begun carnival of sin since the last grand
jury.
The story might as we'll be told here as
elsewhere. After having performed this
duty, the grand jury retired, and the court
adjourned until o'clock P. NJ, meanwhile
issuing bench warrants for the arrest of the
mesdames.
At o'clock the mesdames responded, or,
at least. the old batch, who went through
the grind before, were on hand. So was
Messrs. Masterson and Erwin, ,stheir counsel.
County Attorney Rogers was likewise pres
sent; but there was not much of an audience.
The social evil is being made too common
to the public to longer draw out an audience.
Pauline Bell was put forward as an ex-
ample.
She was asked to plead, and by her attor-
ney, MIR. Erwin, interposed the plea of not
guilty, followed by plea in bar, similar in
all respects, wording, etc., to the plea inter-
posed at the previous term of court, and
upon which the social evil cases were certi-
fed up to the supreme court for adjudica-
ton. Just here Mr.. Erwin was seized with
a second thought, withdrew his plea in bar,
and moved to set aside the Indictment. he
based his motion upon the allegation that
the law provided that an Indictment found
should Immediately" be returned to
court by the foreman, and
then be taken in custody by
the clerk as file of the public record. He
contended the law had not been complied
with, in that tho Indictment was dated on
the tenth and was reported on the eleventh.
In this connection Mr.. Erwin quoted the
law at length and referred to the grand
jury system as one liable to injustice by
change of indictment or substitution, if the
law as made ard provided
reporting such indictments as were found.
MAKE WAY FOR THE GRAND JURY.
At this stage of the proceedings Mr.. Er-
win was interrupted by the stentorious an
nouncement, ''The grand jury
They filed in, half dozen seated them
selves, and the fourteen or so standing up.
all of sudden turned towards the door
and got on the outside of it.
The half dozen, who had squatted, got up
and bounced out after the crowd.
They had forgotten something.
Under these embarrassing circumstances,
Mr.. Erwin resumed his remarks. He again
referred to the statutes, wherein it is requir-
ed that indictments be returned 'simmedia-
tely," etc.
MIR. Masterson followed in the same vein.
and closed with an appeal to the effect that
new bail be not required for his clients as
they were now under bonds to appear at the
next term OF court. Furthermore the iden-
tlcal defendants were party to a similar
case before the supreme court which would
be argued November tenth.
County Attorney Rogers simply made re-
ply by saying the indictments had been
found on the 10th, were reported on the 11th
at the first session of court after they were
duly found. He admitted that the motion
wasn't good in law or fact.
The court believed the statute was
not subject to such strict interpreta-
ton as put upon it by defendants
counsel, nor was it so contemplated,
when the law was enacted. In accord
ance with this view, the court overruled the
motion.
THE GRAND JURY, IF YOU PLEASE.
Again the grand jury was announced, and
all got seated this time.
The Court-Have you any report to
make? .N
The Foreman (Capt. Berkey)-We have.
Whereupon he handed over four indict-
ments. AS bench warrants had to be issued
for the arrest of these parties, the GLOBE
will not frustrate the ends of justice by max
ing known who the parties are. Some of
them are out of town, and would never re-
turn; others are in town, and might 20 out,
never to return; and, fearing to decrease the
population thusly, the GLOBE is wisely and
discreetly silent.
'Have you further work to do," inquired
the court. .
The FOreman-"We have.o .s..
The Court-You may retire.
And no sooner had they retired than Mr..
Erwin was prepared with second
motion ''to set aside' the Indictment.
BE based his motion again upon tho statute
relating to grand juries and the duties of
such august bodies. It is made their dutv
to properly 'endorse'' the indictments
found. In this instance Mr.. Erwin had
good reasons for believing this had not been
done. He was we'll advised that these
indictments had been pro ocured
by "the superservicable representations
and testimony of certain parties who
he named, but he failed to see
tt at their names were indorsed as re-
quired by law. as witnesses on the indict-
ment presented and upon which his client
was to be arraigned.
Mr.. Masterson interrupted to coincide
with Mr.. Erwin's views, and in turn was in.
terrupted by Mr.. Rogers, who declared that
the indictment" was endorsed with all and
such names only as had been examined as
Witnesses before the grand jury.
Mr.. Erwin was prepared with another
motion. he prefaced it, however, with the
declaration that Mr.. Rogers assertion could
only be verified or found ont
by an examination under oath of the fora.
man or some member Of the grand iurv rel-
ative to the proceedings in this matter. Bet
ter still, Mr.. Erwin suggested tnat the clerk