Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-11-30
WAS IT A PUT UP JOB 2
An Effort To Prove a Conspiracy to Send
Man to the PenltentIary.

An Effort To Prove Conspiracy to Send
Man to the PenltentIary
The motion of counsel for a new trial In.
the case of the State against John Green,
convicted for assault with dangerous wea-
pom on j. @. Ferguson, came up in the dis
trict court yesterday forenoon, Judges Will
kin. Simons aud Brill sitting in bdne. IS ). S.
The shooting and circumstances Of the
trial are generally familiar to the public.
On Sunday night, the 18th of September,
q row took place at the house of ill-fame,
No. 81 Washington street, during which
Green fired revolver, one ball taking effect
in the abdomen of Ferguson, and smother
lodging in the right knee of the defendant,
Green. Ferguson rapidly recovered and ap-
peared at the trial, which resulted as above
stated. 9aG .zousl
|, The case was defended by Messrs. O. D.
O'Brien & E. II. Hollingshead, with County
Attorney Eagan for the State. =
Since the conviction of Green, the counsel
for the defense have been busy in accumu-
lating what is considered new and important
testimony omitted from the trial. The new
developments are based on the statements
contained in the afffdavits of an eye witness,
who charges direct conspiracy on the part
of Jennie Bateson and VIM. Pinkerton, to
send Green to the penitentiary; also collision
and fraud on the part of Ferguson in accept
ing bride.
The motion for new trial was based on
the affidavits of this witness. Mr.. O'Brien
first addressed the court, making review of
the testimony at the trial, and citing num-
berless authorities to sustain the position
taken regarding the admission of evidence.
Counsel referred to the circumstances of the
shooting and to four shots, admitted by the
witnesses Of the prosecution, only three of
which had been accounted for.
Counsel then read the affdavits of him
self and MIR. Hollingshead, regarding their
inability to obtain witness whom they were
led to believe knew something material about
the case. After abiding to the former aft
dayits at length, which have already appear
ed in the GLOBE, Mr.. O'Brien submitted the
following affidavit:
Defendant first alludes to bis former affi-
davit after which he deposes as follows: That
since the making of said affidavit and upon
further reflection on his part, he has, on
his own motion and at his own request made
this additional affidavit; and which he does
solely in che furtherance of Justice and be-
viction of the said Green was wrongful and
procured by false and improper testimony.
On the night of the shooting, Ferguson,
Harry Phelps and myself, were at Como, and
| made call at Jennie Bateson's. Bateson
came to the door and said the house was
full, and that If we would come back in a
half hour or so, she would let us in. While
Ferguson was having talk with her Green
staggered down the atairs and wanted to go
out, but she told him he could not go out
and pushed him back from the door: Green
started to 60 out again and she told him he
couldn't 60 until he paid for the wine he got.
Green said he would 60 up town and come
back in half an hour and pay her up.
He started to go out again and she struck
him in the face with her fist and knocked
him back, and Ferguson jumped in and com
menced pounding Green. While they were
scuff1ing Green took bis revolver and fired
one shot into the ground, when Phelps rush
ed in and jumped On Green also; Green did
the shooting; he shot three times, shooting
at the ground, and after Ferguson was shot
he walked down to the corner and back
again. went down stairs and Jennie Bate
son came in the room and said that she
would give 81 900 if she could send that man
Green over the road. Before the shooting
Green asked Bateson if she knew him, and
she replied, no, she didn't know him, and
after the shooting she said, that was Johnny
Green, that she had known him for ten
years and said that inside of day there
would be history of his life here. We went
down stairs, and Ferguson wanted to know
how he would say this thing had happened,
and she told him to say that they were pass
ing the door and heard the shooting and
rushed in the door and got shot. She told
him in my presence to swear to that. There
was nobody present at this time except Harry
Phelps, Bateson, Ferguson and myself. The
chief of police and the doctor then came in
and that terminated the conversation.
On the next Monday afternoon went up
to see Ferguson; he said he didn't want to
have anything done to Green because he
didn't think that he had any right to inter-
fere with him: that Green was drunk and he
didn't think there ought to be any trouble,
but that the man ought to be let go. But
Batesou afterwards said that he, Ferguson,
should appear and do all he could to send
"that man over the road"
Subsequent to thst time aud during FergU-
sons illness, Jennie Bateson sent to said
Ferguson by me the sum of $35 or $40: she
said to me that Green was hard man and
| that she had received letter from Pinkerton
| stating that she should do all in her power
to settle that man Green.
On the evening of October 9Th Ferguson
said that he had got $500 from Bateson;
that he got it down at her house; he came up
to Mike Cummins' saloon and met me, and
took the money out of his pocket and
showed it to me and said, ''This is what I
got from Bateson," and went down into
Oonley's varieties afterwards, and took
the money out of his pocket and told Mr..