Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-10-13
GAME INFO COURT,

The Parties Who Were Ind cted-Co1. C.
A. Morton d Discharged.
The case of the. State against Michael
ORrien, charged with assaulting Joseph Kosey
with rag ,r, was resumed in the district court
before Judge Simons yesterday, and occupie a
the entire forenoon.
On the opening of court at 2 o'clock Judge
Wilkin resumed his seat on the bench and took
up the case of the State against Chas. A. Nor.
ton, indicted for perjury. The case came ND
on demurrer to the Indictment on the
grounds of insufficency. The charge grew ont
of a civil action tried in the district court in
October. 1879. The title of the case being Whar
ton Morton against W. T. Anderson, The
lndict ment WAS found on statements to the
effect that during the action named the defend
ant swOre falsely regarding the genuineness of
memoranda supposed to be in his own hand
writing.
III abiding to the demurrer the court held
that the statute governing testimony had been
be d sufficient by tie supreme court It was
claimed that the Indictment was defective in
asmuch as 1t did not set up the facts in the
case. The court agreed that the card contain
ing the memoranda, on which the indictment
has been based, was not sufficiently described
that there was nothing to identify it. and that
the memoranda bad not been clearly set forth.
In the CT urt's opinion the charge against the
criminal should be direct and certain; the con-
stitution provided for the exact nature of the
accusation in order that defendant might be
able to prepare defense.
Mr.. Egsn addressed the court, stating, in
substance, that the card or memoranda could
be produced. In this event the court decided
that the case should be reconsidered by the
next grand jury, aud it was so ordered. De-
teEdant was released on the same bonds
Judge Wilkin then referred to the case of
the State against Joseph Metz. John Wysck
and Joseph Meters. indicted for assaultipg
John Nelson IN Seventh street saloon on the
night of the Goth of June. In this case Mr.
. Brien, counsel for Metz. wanted to set aside
he Indictment on the grounds that the de-
PENDANTS had been obliged to go before the
grand jury and testify against themselves.
The case was reviewed by the court, and the
constitutional prerogative was alluded to,
which provides that no person shall be q wit
ness against himself. II appeared that the de-
PENDANTS had testified corpus dez,cti or to the
body of the charge, which was corroborated by
Mr.. Egan. After considering the matter at
| length it was decided to resubmit the case TO
the next grand jury. The defendants entered
into their own recognizsnce for their appear
ance at the next term of court.
at o'clock the jury in the case of Michael
o Brien returned q verdict of assault. Con.
sidering the gravity of the charge and the helm.
Gus nature OF the OHense, ina verdict nav be
considered as the most lenient that could have
been returned.
Charles Jones, indicted for the larceny OFT
harness from WarDer's auction store, was az
lowed to change his former plea of not guilty
to that IF guilty. He was then sentenced to
fine of s25 or thirty days in the county jail
A jury was empsnneiled in the case of the
State against William O'Brien, indicted for
the larceny of silverware from the dwelling of
John Nichols. The case was tried and a YER
dict returned OF guilty. Proceedings were
stay ed for twenty days.
At CLOCK P. N. the case of James Brown.
indicted for the larceny of money from the
apartment of a boarder at the Washington
house, was taken up and proceeded to trial.