St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-10-29
CRIMINAL TRIALS YESTERDAY.
A Release and an Arrest in the Court
RoOm-The Third Horse Thief
Sentenced This Term.

The first case tried by jury in the district
court before Judge Brill yesterday was that
of o. Bantam, a colored man, Tor entering a
dwelling house on Robert street. May II,
which he ransacked, and who was detected
by tracks which he made in the moist earth
around the building. The prisoner pleaded
not guilty to the Indictment, which was made
for entering the house of one ''1diles
O'Brien,'' and Hon. j. J. Egan appeared
for the state aud A. s. Hall was assigned by
the court to defend the prisoner.
At the request of Bantam JAS. P.
Holmes, Esq, was associated with Mr..
Hall and the case proceeded TO be heard.
The evidence all being in the defense claimed
the ind. ctment was imperfect, as it alleged
the house entered was that of ''Miles
O'Brien, when it was proven by ''Mary s.
O'Brieu" Or the witness stand, and now the
wife of the counsel Holmes, that the house
was rented by her and that Miles O'Brien,
her brother, occupied the room as a tenant
therein. Judge Brill had charged the jury
under the evidence as to false indictment to
bring in a verdict of not guilty, when Mr..
Egan moved and secured an adjournment
(before they went ou0 to two o'clock in the
afternoon.
In the meantime he looked up the law
and procured fresh warrant from the mu-
nicipal court for the arrest of Banion after
his discharge. On the opening of the court
in the afternoon Mr.. Egan arose and made a
statement of the offense charged in the in
dictment, the prisoners pleading, and of the
fact that on the testimony of Mary G..
O'Brien, now the wife of the defending
! 81 ILL., i
fact of the house entered being her property
to cause the state to abandon proceedings
He also gave notice of his readiness to arrest
the prisoner on the charge of breaking into
the said Mary G. O'Brien's house immedi-
ately after his discharge.
Mr.. Holmes explained that he had de-
Tended Banion for breaking into his present
wife's house on the belief of his innocence
of the crime, while Mr.. Hall desired the case
to go to the jury with the evidence of i'm
proper indictment expurgated from the pro-
ceedings. But Judge Brill decided the case
has gone too far for such proceedings and
Reconstructed the jury to bring the prisoner
in not guilty, which they did without leaving
| their seats.
Immediately on the discharge of Banion
| from custody he was arrested in the court
room by Deputy Sheriff Clewett on the fresh
warrant and again committed to the county
Jail
| George Smiley, indicted for stealing horse
from Thomas Keough in Reserve township,
in 1879, valued at 500, was tried, found
| guilty and sentenced to three years hard la
Dor in the penitentary at Saltwater.
Demurrer TO the Indictment of VIM. Il
Case, the Northern Pacific ticket embezzler,
were argued by County Attorney Egan and
| q. ID. O'Brien and submitted to the court for
decision, young Case being out on bail
Frank Clark, indicted with John Mulvey
for breaking into Michael Rosenfeld's
store in the night time and stealing
800 worth of goods, being claimed by the
| board of managers of the State Reform
School TO serve out an unexpired sentence
| therein, was ordered by the court to be de-
lvered to the sheriff for such return and the
case continued against him.
The first case to be taken up this morning
is that of Benjamin Smith and Geo. Miller
for the robbery of John Noorty Of S25 in
cash notes. to be followed by the trial Of
Chas. McLain and Henry McDonough for
stealing SIS in silver coin from A. Gotzian.
Sheriff O'Gorman took over TO Saltwater
yesterday John Robinson, to serve one year
in the penitentary for forgery; Samuel Jones,
three years for horse stealing, and Barbara
Reynolds, Mrs. Louise Goodnow, Thomas
White and James Brodrick, to serve longer
and shorter terms in the workhouse.
Deputy Sheriff John O'Donnen also took
Frank Clark to the Reform school.