Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-11-04
NEW TRIAL ASKED.

An Affidavit Which Tells q New Story.
In view of the discovery of what is claimed
to be new and important ssvidence, it is
more than probable that new trial will be
granted in the case of the State against
John Green, who was indicted aud convicted
at the present term of the district court for
committing an assault on John @. Ferguson
with intent to inflict great bodily harm.
The circumstances of the case have been
reviewed 30 often that they are already ia
miliar to the reading public. The shooting
took place at the house of ill-fame, No. 81
Washington street, on Sunday night, the
18th of last September.
On the night named it was claimed by the
prosecution that defendant, Green, had
visited the house, and while drunk had
imposed on the inmates and abused Jennie
Bateson, the landlady. While discussing
the payment of bill in the hallway of the
house it was alleged that Green became en-
ragged at the woman Bateson and that John
@. Ferguson and Harry Phelps were attract
ed to the house by loud and threatening con-
versation. A moment afterwards Green
drew his revolver and fired, one ball lodging
IN the abdomen of Ferguson and another in
the knee of Green. On testimony similar
to the above Green was convicted but has
not yet been sentenced.
In the district court yesterday, Messls. G..
D. O'Brien and E. r. Hollinshead, counsel
for defendant. submitted affidavits for new
trial.
The documents are three in number, being
and from Daniel l.. Bell, who was witness
Of he nuarro1 op1 oboot,no Tha n &c 1ox;e,
of counsel set forth the discovery of new and
important evidence, which consists of the
facts stated in the affidavit of Bell, and
new trial is called for on the grounds of new
and important evidence omitted at the last
trial and errors in law. Counsel allude to
the absence of material witness Mr. Bell,
whose affidavit is submitted as proof of
their assertions.
The statements embodied in the affidavit
of MIR. Bell are substantially as follows:
Deponent first states that he is acquainted
with Harry Phelps, John G. Ferguson and
Jennie Bateson. That he was present at the
house No. 81 Washington street on the night
of September the 18th, 1880; that he and
Ferguson had visited Lake Como on the
night in question, returning about 11:3O
o'clock P. M; that upon their return they
called at the saloon corner of Washington
and Eagle streets, where Harry Phelps is
bartender; that the latter was about closing
for the night, and that Ferguson invited him
to join them in a visit to the bagaio.
That after closing the saloon the trio
started for the house conducted by Jennie
Bateson and that Ferguson pulled the bell;
Miss Bateson came to the door and inform
ed them that the house was full but that if
they would return in few minutes they
would be let in. During the conversation
between Miss Bateson and Ferguson Green
staggered down stairs, very much intoxica-
ted; in the meantime Phelps had stepped
down to the walk and deponent stood on the
steps where he could see what
was going on in the hall,
through the partially open door.
1t is alleged that on coming down stairs
Green attempted to pass out the door; that
Miss Bateson stated that he could not leave
| the house until he had paid his bill, where
upon he replied that he would 60 up town,
return With the money and pay her; that she
stood in the doorway and that he tried to
pass her when she stl uck him in the face
| that he staggered from the blow and that
Ferguson rushed in and assaulted and pound
ed him in the face; that Green attempted to
draw revolver when Ferguson pounded
him on the head. At this point, it is al
legged, that Green drew his revolver and not
| pointing it at Ferguson fired at the
floor, the ball striking the stairway
that as soon as the shot was fred Phelps
| rushed in and commenced pounding Green;
that Green fired only one shot and that it
struck the corner of the stairway. In con-
clusion it is stated that Phelps and ferguson
both carry revolvers and 60 armed.
Ii will be seen that the above is new YER
sion of the shooting and throws quite diff
ferent phase on the affair and the upshot
remains to be seen.