St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-08-13
AGENT SMITHS CASE.
A Short Chapter in the Fight he
tween the Law and Order League
and SalOOniSts.

A Short Chapter in the Fight BE.
tween the Law and Order League
and SalOOnists.
In the police court yesterday after
noon Bernard Simon, proprietor of the
saloon at 300 East Seventh and H. +
Notbohm, president of the Columbia asso-.
citation, were arraigned ON several charges
All the complaints were sworn to by j. j.
Smith of Minneapolis. agent for the Law
and Order league of this city, and grew out
of the meeting of Smith and the defendants
on the street Wednesday afternoon.
The first case called was that in
which Simon and .Notbohm are
charged with unlawful assembly. The
complaint is made under section 353 of the
penal code, which provides that whenever
three or more persons assembled attempt
or threaten any act tending toward breach
of the peace or injury to persons or prop
erty, every person participating by his
presence, aid OF instlgation, is guilty of a
misdemeanor Both defendants waived
examination, E. st. Julien Cox appearing
for Nobtohm and q. Ii. Williams for
Simon. Bail was fixed at $500 each, and
the preliminary examination continued
until Monday next at 10 o'clock.
The cases of Simon and Notbohu, for dis
orderly conduct. were continued to Aug.
81 and IS, and the case against Simon,
for assault and battery, to Aug. 20. Juries
were demanded in each of the three
cases and the defendants gave bonds for
500 each on each charge. There was a
wrangle between j. j. McCafferty and
William Louis Kelly, who appeared
for the prosecution, and E. ST. Jul
lien Cox, who represented Notbohm.
Cox insisted that the examination of Not
bohm on the charge of unlawful assemblies
should be heard at once, and quoted the
law to show that such examination should
be held within twelve hours after the arr.s:s
was made, unless
CONTINUED FOR CAUSE.
McCafferty said the witnesses for tn. r,.rc-
cution were four business men, and hat,
been told they were not needed as the case
was continued until Monday. Judge
Hall, who was on the bench,
thought this was sufficient cause and
declined to reset the case. McCaferty
asked that himself and Kelly be put on
record as special attorneys for the prosecu-
ton representing the city and the state. To
this Cox objected. claiming that no person
was entitled to prosecute criminal with
hired prosecutors. The gentlemen did not
ICPlCoCHe IuO SldlS vi ClJf anu tuey W0lC
not allowed, under the law, to aid in aveng
ing personal wrongs. If they did repre-
sent the city and state they should have
some authority from the city and county at
torneys. He had an idea that the at
torneys for the prosecution were
not paid at all, and simply appeared
to aid themselves. McCafferty interrupted
him to say that they were both hired and
paid. Cox quoted provision of the city
charter providing for the selection of ap-
pointment of the city attorney and deputies
by the common council. McCafferty said
he had been deputized to prosecute the
cases in open court by Assistant City At
torney 7. D. O'Brien. At the advice of
Mr.. Kelly, who whispered to him
not to argue the point he
subsidized. The court did not think
the matter very important at this
! time and the attorneys withdrew. A.
Lauer and Max Ebert went on the bonds for
Notbohm's appearance and A. Lauer and
G. j. Holm for Simon. Bernard Simon
says the statements made by Smith con-
corning the alleged disturbance will be
shown upon the trial to be false. He claims
there was no disturbance or assault. and
that the charges made are simply to create
a feeling and aid in the persecution of the
liquor dealers. f%