Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-09-01
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addressing the jury he called The attention OF
the court to the scheme Of indictment
The government had conceded that branch of
conspiracy, which in the indictment has been
attributed 10 Turner, was not sustained by
proofs, and that Turner and Turner's per-
formances were necessary part of the scheme
of Indictment, and that if the case had failed
as to him it had failed to all. He gave notice
he would give prayer toithat effect.
The court inquired whether Henkle was not
title premature in his argument. No nolle
prosequi had been entered as to Turner, nor
had the jury found verdict acqultting him.
Henkle-Mr. Merrick discharged him
from the case.
The Court-The counsel is wrong there.
Henkel-He said what is equivalent, that he
would ask the jury to return no verdict
sgainst Turner.
The Court-Turner is entitled to have ver-
dict from the jury. That verdict has not yet
been rendered, and he is still on trial, and for
aught the court may know judicially, the jury
may find him guilty. Would not the proper
time for this argument be upon the arrest of
judgment?
Henkle-My object was to persuade the
court to instruct the jury that if they find
Turner not guilty, they must find the others
not guilty. Henkle argued that Turner was
as essential part of the scheme of Indictment
as Brady.
Court do not see that.
Henkle said that he did not contend that
the indictmet might not have been framed with
out Gardner completely, but according to the
pending indictment where the counsel for the
government said "exit Turner" the law said
0exeunt omnes.' Hinkle then began his
address to the jury.
Ker. interrupted Henkle and asked for a
ruling to set up a character for the defend
ants.
The court replied that ore of the rules to
put in his own statement as evidence. Coun-
sci ought not to throw the weight of his own
character into the jury.
Mr.. Totten suggested that the objection
came with bad grace from Ker.
The court-We are pot deciding questions
of grace.
Henkle-I want TO say in self justification
that / am but following the line marked out
by the counsel for the government.
The court thought that Henkle had gone
beyond that line. The government counsel
had been pretty free with epithets, but
they had professed to found their denunciation
on the evidence in the case.
Henkle then proceeded to criticise the prac-
tice of the prosecution in vilifying defendants,
sue such course. The only solution for this
method OF proceeding on the part of the pros
ecution was that they had made out their
case. They display their anger because they
saw their victims were escaping them.
After recess Herkle addressed himself to
the consideration of the amount and kind of
testimony which in criminal case can justify
a verdict OF guilty. The presumption of inno-
cence was strong one, and not only must 1t
be overcome, but the evidence relied upon
must he so strong as to eliminate from the
minds Of the jury any trace OF 8 reasonable
doubt. The ordinary instruments OF
law had been set aside In
this case. The district attorney
had been set aside and Ker, Bliss and Merrick
employed, while the district attorney went
fishing. These high priced lawyers cost
many thousands of dollars, perhaps hundreds
OF thousands. He hopcd they did, for if the
government of the United States was fool
enough to embark in such wild goose chase
as this, he did not care what it cost. The
court adjourned until tomorrow, when Hen
kle will resume his address.
MISSISSIPPI RIVER IMPROVEMENT.
The war department has issued the follow
ing order, carrying into effect the recon-.
mend.,.i, of the commission. TheIMiss S.
sippi river between Cairo and the head Of the
passes is divided inIO the following districts
for the purpose OF the improvement and con-
struction and repair of levees: Third district,
from Cairo to the foot of Island No 40, to the
charge OF which Captain John G. Knight and
corps of engineers is assigned, with station at
Memphis or Cairo at discretion; second dis
trict, from the foot of island No 40 to the
mouth OF White river, to the charge OF which
Capt. Alexander NJ. Muller and corps of en-
gineors is assigned, with station at Memphis
third district, from the mouth of White river
to WarrentOn, in charge OF which is assigned
Capt VIM. l. Marshall and corps of epgi-
neers, with station at Vicksburg; fourth dis
trict, from WaIrenton to the head of the
passes, TO the charge OF which is assigned
Major Ames Stickney and corps OF engineers,
station New Orleans. This district will in
clude besides the levees and special work on
the river the rectiication of Red and Atcha-
fsla rivers at the mouth of Red river Capt.
Miller will transfer to Major Stickney the
charge Of the improvement of the harbor at
Natchez and to Capt Marshall the charge of
the improvement OF the harbor at Vicksburg.
OVERLOADED EXCURSION BOATS.
The solicitor of the treasury has given an
opinion of interest to those engaged in the
business OF running excursion steamboats,
The collector of Philadelphia wrote him re-
Gently asking him il it was incumbent on
collectors and inspectors to prosecute mas
ters OF steamships who carry passengers in
excess Of their license. The solicitor holds their
duties under the law are, SO to speak, antici-
pating; that is, they are to see that proper
licenses are taken out by these companies,
but anybody can bring action against the
companies for the violation of the law. The
penalty is $40 for each passenger in excess
half to go to the informers.
IMPOSING ON THE INDIANS
Inspector Pollock sends from Pine Ridge
agency, to the acting secretary of the inte-
rior, horse shoe labeled "Would fit Jumbo.
Please preserve this specimen trick of our
Indian management until / see you. Twas
furnished by contractors to shoe Indian ponies
with, weighs three pounds and is S15 by 61S
doing business On the part of Indian agents,
who should not accept such goods"
The war department is informed by Gen.
Pope that Oklahoma Payne and SIX OF his
followers are under arrest at Fort Reno.
As Payne refused to go out of the territory
peacefully he and his party were disarmed and
taken to Fort Reno as prisoners. The in
terror department officials say as this is
Payne's second offense lie should be tried by
civil authorities and under the law he is liable
to fine OF 81 900.
MISCELLANEOUS.
The secretary of war has approved the rec
cord of the court martial in the case of Col.
JOS. II. Taylor, assistant adjutant general,
and has Forwarded it to the president for his
action.
BY direction OF the president the military de-
partment at West Point will be discontinued
10 morrow, frem which date the United States
military academy will be under the superys.
ion and charge OF the general of the army.
During the next two months the govern
ment will disburse $il, 100000, the payment
of called interest on the public debt and pen
sions.
An order was issued to-day from the post
| Office department stopping the delivery of
| money orders and registered letters to parties
conducting fraudulent Institution for feable
minded children at Englewood, Cook county
Ill.
couple of Dakota men are negotiating
with fair prospects OF success with Acting
Secretary Joslyn, of the interior department
for the necessary grounds in Yellowstone
park upon which to construct road ways and