Morris tribune., 1881-04-14
PAGES ALLEGED ASSASSIN.
Trial of John A. Riley at Austin.

John A. Riley, charged with the attempted as
sassination OF Judge Sherman Page, was called
at the regular term of the district
court for Mower county, Judge Dickinson Of
Mankato presiding The State was represented
by County Attorney Goodwin of Mower county
and Mr.. Bullingame of Owatonna. The defense
was in the names of Messrs. Lafayette French
Of Austin and W. W. Erwin of St Paul Seven
ty-five jurors we're drawn, and tho following
were drawn and accepted: G. Reemon, Ne
vada; George Benton, Window; J. w. Frisbee,
LIE Roy; Thaxter Stewart Racine; L. C. Scrib-
ner, Edward Barrett, Ole G. Anderson, A. 81.
Chaplin, James NJ. Mason, LIE Roy; F. 8. Bag
born, Lyle.
Judge Page objected to the appearance Of
County Attorney Goodwin appearing for the
State but the objection was overruled.
The court declined to permit Judge Pages
protest and charges to 60 on the record, where
upon he pocketed the document and left the
court room:
SECOND DAY.
There was some excitement, occasioned by
statement from W. w. Irwin, the counsel for
Riley that Judge Page had driven from his
grounds certain persons, three gentlemen, who
were selected by the state and defence to visit
Judge Pages residence to draw plans of the
room and make measurement of distances, etc.
for the information Of the counsel,
court and jurors. The court firmly an
nounced that the measurements should be tax
en-, and addressed q note to the judge to that
effect
The case for the State was opened by County
Attorney Goodwin, who addressed the iur.s,
promising his remarks by reading the indict-
ment found against John A Riley by the grand
jury of Mower county, for an assault with the
intent to commit murder The facts recited in
the alleged shooting and Indictment are already
familiar, and need not be recapitulated.
Judge Page was sworn and gave graphic
and detailed account of the circumstances at
tending the injuries received on the evening of
August 1870, substantially as has been re-
peatedly stated in the papers Immediately after
the occurrence.
He was subjected to searching and exhaus-
tive cross examination by Mr. Erwin, counsel
for the defense, covering all points of informa-
ton brought out during the examination in
chief.
Several other witnesses were examined but
their testimony was not of great importance.
THIRD DAY.
Mr.. b. J.. Einer testified that he found fifty.
shot of uniform size in the loaded barrel of the
shotgun he found under the street crossing.
DR.. c. B. Staples, of Red Rock, took the stand
and testified to being at Judge Pages when the
ferred 10 being the one found by Mr.. Miner.
The testimony fully corroborated that given by
the latter gentleman The charge measured
four and half inches in the barrel, but there
was no cap on the tube of the loaded barrel;
the other barrel was empty. DR.. O. Gibson
was then recalled, and repeated the evidence
given by him at the Dexter examination, and
the material portions of which have been pub
lished. The doctor, however, thought the
wound in back of Judge Pages neck, and de-
scr I'd as blister, had seen made by the wad
whea the shot was fired
I'LL of Ans 1od or,Ir
pea ed his evidence that on the night of the
sbo> ting medium-sized man had passed him
where the gun was found; in the lower part of
Austin.
l. r. Brockway of Austin testified that he
had seen gun IN Ira Jones' store in August
last Jones was swapping caps to clean out the
gun, and helped him to clean it by putting in
little powder. This was On the % of August
last rhe gun found under the crosswalk was
shown witness and identified as the one he had
seen at Jones' storey There was other testi-
mony about the gun of no special importance
W. H. Clay, employed as night watchman at
the Wisconsin state prison for three years, tes-
tilted that he had seen Riley at Waupun; Riley
said his brother Frank was then in Waupun to
give defendent . job, and that he would like
me to form luis acquaintance
James MCune, one of the night watchmnn at
the Wisconsin penitentiary at Waupun, reitera-
ted his evidence concerning seeing Frank Riley
at Waupun on the 5th of August last substan-
TALLY as published after the examination at
Dexter. Mr.. NJ Neal thought he saw John A.
Riley in Austin previous to the assassination
and several other witnesses testified to the same
effect
W. K Hunkins, Of Austin, who aided in the
capture of Riley, repeated his Dexter evidence
in substance concerning a confession made by
Riley, all of which has appeared in print Sew
eraI witnesses from Wisconsin testified to Rileys
impoverished condition previous to the alleged
attack on Page, and that he had several hun
dl ed dollars afterwards.
THE FOURTH DAY.
Detective Arthur Wood of Chicago was the
first witness for the state. He said that he had
been detective for seven or eight years, as a
| member of Allen Pinkerton's well-known
agency. Mr. Wood then related the history Of
his Investigations of the Page shooting, and the
various steps by which his suspicious were
aroused against Riley.
| His testimony in the chief is nearly identical
with that given at preliminary examination at
Dexter, and heretofore published, the resem-
struction of the proof offered against Riley.
The cross examination was commenced by
| Mr.. Erwin, during which agood many salacious
| points cropped out here, but they will scarcely
bear repetition in the columns of q public jour-
nal He told at length the story of his attempt
that he Wood was crooked man, or s'goph-
err" safe blower, committing robberies
| throughout the country: could not re-
cite the instances l may have mentioned
| to him; told him I had been down to
Texas, and had been sent to prison for COM
\ mitting q burglary at Fort Worth; told him
that had shot niger in North Carolina-that
| he tried to shoot me, but got the best of him.
"Wood was impeached by Irwin by the produc-
ton of document from Washington to the
effect that Wood, sergeant of company X,
| Twelfth New York cavalry, had been found
guilty Of manslaughter, and punished for unlaw.
fully and feloniously shooting and killing a
colored man near New Berne, N c., in 1874
After some other testimony Of no particular
| account the State rested and W. w. Erwin, in
behalf of the defence, presented his side to the
court and jury. He said the defense would go
to the country with this proposition, that the
prosecution Of John Riley ,s the result of con-
| spiracy and the body of the crime is still want
ing, and the indicative evidence will show that
the criminal agency has not been established in
| this case.
Thomas Riley, brother Of the accused testified
that he had been chief of the police at Austin,
and though he had difficulties with
Page, had never exhibited hatred toward him;
do not know that John Riley was in Austin on
the Oath Of August last the day of the alleged
assassination ion and had not seen him here since
| August 1878; next saw him at Ramsey depot.
on the 20 of November; did not know his
whereabouts in August and did not know he
| was in prison.
! Several railroad employers testified that they
did not see John Riley on any of their trains on
or about the 24th of August, end thought If he
had been on the trains they would have known
him: The deposition Of Alex Empey, city mar.
shall of Stevens Point, in September. 1880. wa.
offe.ed to show Riley's lack Of confidence II
Detective Wood, while the two were at Stevens
Point. but the paper was held for examination
and the court adjourned until 8 o'clock Friday
| morning.
/ FIFTH DAY.
/ The morning session was devoted TO the en-.
animation of Witnesses for the defense, O CON
densston Of whose evidence Is presented. Ths
aMdaUt Of Mr. Empry, marshal Of Stevenl
Point was partially admitted, showing Rileyl
desire TO place Wood under surveillance.
Charles Riley, Jr., did not see John Riley q
stated BIZ Pare witneHa, ErxnK denied thu