Morris tribune. [volume] (Morris, Minn.) 1880-2000, 1881-04-14
PAGES ALLEGED ASSASSIN.
Trial of John A. Riley at Austin.

The case OF the State OF Minnesota against
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.. BuIlingame 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. G. Serb
ner, Edward Barrett, Ole G. Anderson, A. a.
Chaplin, James NJ. Mason, LIE Roy; F. s. Bag
ley, LIE Roy; W. W. Sweet, Le Roy; P. B. Dear
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 go 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
en-, and addressed note to the judge to that
effect
The case for the State was opened by County
Attorney Goodwin. who addressed the iury,
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 q 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-
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.. H. J. Niner testified that he found fifty.
shot Of uniform size in the loaded barrel of the
shotgun he found under the street crossing.
Dr. G. B. Staples, of Red Rock, took the stand
gun was placed in his possesson-the gun re-
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-
scri I'd as blister, had been made by the wad
whea the shot was fired.
Amos Hill of Austin was next called, and re-
pea ed his evidence that on the night of the
sho> ting mediun-sized man had passed him
whers the gun was found; in the lower part Of
Austin.
LIZ 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
a little powder. This was On the % of August
last The gun found under the crosswalk was
shown witness and identified as the one he had
seen at Jones' store.) There was other testi-
mony about the gun of no special importance.
W. II. Clay, employed as night Waterman at
the Wisconsin state prison for three years, tes-
titled 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 watchman at
the Wisconsin penitentiary at Waupun, reitera-
ted his evidence concerning seeing Frank Riley
at Waupun on the 9TH 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 confession made by
Riley, all of which has appeared in print Sew
eraI witnesses from Wisconsin testified to Riey's
iY,,no Sbs,1a tn tha
attack on Page, and that he had several hum
died 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
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 al
Dexter, and heretofore published, the resem-
blance extending even to the verbiage and con.
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 public jour.
nal He told at length the story of his attempt.
ing to get into RAey's confidence, by telling him
that he Wood was a crooked man. or ssgoph-
err" safe blower, committing robberies
| throughout the country: could not re.
! cite the instances may have mentioned
| to him; told him had been down t.
Texas, and had been sent to prison for CON-
4 mitting q burglary at Fort Worth; told him
that had shot q niger in North Carolina-that
he tried to shoot me, but l 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 K
| 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 &c
to the country with this proposition, that tht
prosecution of John Riley Is the result of q con.
spiracy and the body of the crime is still want
! ing, and the indicative evidence will show thai
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 or
the 24th of August last the day Of the alleged
| assassination and had not seen him here since
August 1878; next saw him at Ramsey depot
| on the 20 of November; did not know hi
whereabouts in August and did not know b,
! was in prison.
/ Several railroad employers testified that the,
did not see John Riley on any of their trains or
or about the Oath of August, end thought If ht
had been on the trains they would have know
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 Steyenl
Point. but the paper was held for examination
and the court adjourned until o'clock FRIDAY
| morning.
FIFTH DAY.
The morning session was devoted TO the ex
animation Of Witnesses for the defense, o CON
densstion Of whose evidence is presented Thu
affidavit Of Mr.. Empry, marshal of Steven
Point, was partially admitted, showing Riley'
desire TO place Wood under surveillance.
Charles Riley, Jr., did not see John Riley q
stated hz Pane witneaa, ErxnK denied tn