St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-04-12

waited both at st. Paul and Brainerd.
Mr.. Rogers moved the discharge of Frank
| Connolly and Smith, but Mr.. Egan claimed
| they were both abetting Sheriff Connolly in
| the contempt.
At this point the judge decided that the
testimony be taken in the case to decide the
questions at issue, and the following were
called by the state and sworn:
Deputy Sheriff Clewett-BoardedN North Pa
cifc car with Mr.. Ives and came upon the
party; served habeas corpus writ upon James
Connolly, who was sitting with Taylor,
his prisoner. He showed it back at first
but told him it was habeas
corpus and he must come with the
prisoner or forthwith, when he took it and
read it, but made no movement to obey it.
Frank or Smith said ''We'Ye got him, and
we are going to keep him. Saw Smith put
ting a revolver in bis hippocket. l left car at
Third street crossing.
Cross-examined-It was 1902 p. m. Thurs
day when 1 boarded the car, and the train
started at 4:05. Served writ on sheriff only.
| Lawyer Ives-Boarded North Pacific
sleeper with Clewett and Culbertson. After
Sheriff Connolly read the writ, he made no mo
ton to obey it. Frank said to his brother,
don't you do it, we've got him and Well
keep him. I told the sheriffas an officer of
the law he was bound to obey the writ, when
Frank and Smith told me to get out of the
car, and seeing them feeling for weapons in
hip pockets, l left.
Cross xamined-Learned they were in the
city at l p. M, Thursday; am attorney for
| Culbertson
Lucius F. Taylor-First saw the sheriff in
New Mexico; first saw Frank on arrival at
i
Smith in the Jail building that afternoon.
The sheriff and Smith went down with me
from the jail to the cars. Witness then sub
stantiated the evidence of Clewett as to what
took place when he served the writ. Before
the cars stopped at Brainerd a sheriff and
four men came to the party and said he
should arrest them. They made no resist
| ance, but did not move, and he repeated the
assertion, and insisted on their going
| out the car with him and men.
They didn't start at this, when the officer
said he should take them, and they might as
well come along without resistance. The
Connollys and Smith then rose and drew
their revolvers. Then there was an argu-
ment for about ten minutes, when the con-
ductor came along and said he could not
hold the train any longer, when the boys
surrendered their guns and were marched to
the station house.
Nobody hurt; the Brain
erd sheriff didn't show any papers, but Jas.
Connolly asking him to show his authority
he pulled out telegram and read it, There
were in all seven or eight men seeming to
be aiding the Brainerd sheriff.
County Attorney Egan rested his case and
the defense called the following witnesses
who were sworn:
James Connolly-Wasa deputy sheriff of
| Miles City, Montana; saw Taylor in that city
first four years ago, and left there about
| five weeks ago to search for him. procured
a warrant from the prosecuting attorney at
Miles City, copy of indictments against L.
f. Taylor, affidavits, and a requsition on the
governor of Texas, and went to Austin, In
that state, and showed the governor my pa
pers l left the other papers with the
Texas secretary Of state who issued
warrant for his arrest TO
any sheriff in the state. Tom Riley brought
him into Ell Paso, where Sheriff James II.
White arrested him and delivered him to me.
These where the first papers of the kind he
had ever served, and he was particular to ask
the governor of Texas and other authorities
whether he eeded anything more to get his
man safelyno Montana. He arrived in St.
Paul over the Albert Lea route at $3.50
Thursday morning, where he saw his
brother Frank at the depot;
knew Joseph Culbertson, who was out on
bonds, being indicted for fraud in Custer
county When Clewert, Ives and gilbert
son came into thecar at the union depot he
didn't think their was any power to deprive
him of his prisone while passing between
the states Taylor was an important witness
in the Custer county fraud cases. There
|
who was indicted for taking the seal of the
court at Miles City, being of the
party making the demand, he thought
the effort was 'put up job" to get Taylor
out of his custody. Taylor had been round
the city with him and party two hours in the
Streets and his fears had been quickened by
some movements he had noticed on the part
of several persons, which seemed as though
they wanted to get hold of him, and he
wanted to get him safe off. There were Joe
Lake and Capt. Edwards, Of Miles City, on
the same train. He did not draw a revolver
at union depot and did not see the others
do it.
He first saw Smith in the afternoon near
the Merchants; he knew that Frank was in
St. Paul but not Smith, and Frank was not
here by any arrangement of his. He never
had habeas corpus served on him before.
He had been asleep before arriving at Brain
erd, and getting up was going to the
smoking car, when he was stopped by men
who said they would arrest him. He went
back to seat and said, mo you will not, have
prisoner here myself' They crowding
upon him he pulled his gun and
his papers at the same time and said to the
main spokesman, snake these men stand
off - Then there was a talk of about fifteen
| Ha hot no y-ac tod
He insisted on our giving up our guns, and
said he would take US to the telegraph sta
ton where we could procure information of
who we were, but instead took us to the Jail
and locked us up. The Braiperd officers
showed no papers, and it was not until
Capt. Edwards, who got off the train when we
were taken, made the officer know who we
were; that an hour later he came and took
us from the Jail and then showed the dis
patch from st. Paul demanding our arrest
had a duty to do; supposed l was doing it
legally, and had no intention of any con-
tempt of court.
Cross examined-He had seen Mr.. Will
liams and Mrs. Taylor, the wife of the prison
err, and met the former in old Mexico
Found Taylor on rancho on til Rio Grande
in New Mexico from which Tom Riley, a
Texas ranger brought him across the lines Ga
distance OF seventy-fiye miles, to Ell Paso
In reply to the Judge he said he had been a
deputy sheriff at Miles City for five years.
Wilson D. Smith-Left Miles City a few
weeks ago and had been in Cheyenne to at
tend convention. Arrived in ST. Paul from
there at 1.30 p. m. on Thursday. Didn't
know Sheriff Connolly was here until he met
Frank on the street who told him slim is
here" He had no one in custody and hur-
ried to make arrangements to go home with
the party that evening.
Frank Connolly corroborated testimony of
other witnesses in important points. In