St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1888-08-04
ONE OF THEM MUST SUFFER
Shotwell Is Held and Clerfhew Is
Discharged.
FIRST CHAPTER OF THE CASE.
Judge Mahcney's Decision Is interest
ing---Probably Both to Be
Indicted.

One is held to answer, and one goes
free. Theodore Shotwell will remain,
in 10000 bond, to answer to the grand
jury the charge of defrauding the Mic
Ollet National bank, and A. M. Clerihew
has been discharged from custody. Such
was the decision of Judge Mahoney yes
terday morning, and the result is gen.
eral surprise. 1t was great re-
lief to Mr.. Clerihew, and his
friends heartily congratulated him,
leaving Mr.. Shotwell in the
gloom. Judge Mahoney sees no reason
to believe that Mr.. Clerihew had the
criminal intent the law requires, in
spite of Judge Shaw's fierce Philippe.
The decision was heard by an interested
audience yesterday morning, at the
municipal court. The principals in the
case were evidently laboring with sup,
pressed emotion, and the trial has told
strongly on them both. MIR. Clerihew
shows the effects more decidedly, while
the lmpaSsive cOuntenance of Mr..
ShOtWell is less readable.
The conclusion of the argument yes
terday was mainly on law points. Mr..
Wilson attacked the bearing of the au-
thoritleS cited by Judge Shaw and gave
them such caustic overhauling as only
he can. He also rounded up Judge
Shaw somewhat, calling attention to
Interpretations of the testimony. This
gave Judge Shaw an opportunity for
reply, in which he again impaled Shot
well upon the point of bitter invective,
characterizing his financial methods as
confidence games on banks.
Judhe Mahoney is very deliberate in
his opinions. He showed he had care
yrhn cd tl,n
for every point. With everybody bend
ing forward to hear, he said: ''Judge
Shaw has set forth the case very ably
in his argument. His four points cover
the whole ground. AS to the first, Did
the defendants draw the check?' the ev-
idence is plain; both were equally re-
sponsible in this point. On the second
point, the question, Did they obtain
money!, there is some disputes as to the
facts. 1t was questioned whether the
defendants received notice of the ar
rival of the checks from the East on the
morning of June IL, but it is not neceS-
sary for me to state whether either of
the witnesses SwOre falsely on the
point; do not regard it as material. AS
to Mr.. Wilson's position | doubt if the
district or supreme court would ever
say that the operation was not OBJ
tanning money, but only getting
credit. I think it was substantially
the same as obtaining money. Whether
it was paid to the creditors of the firm
or in currency over the counter to Mr..
Clerihew makes no difference. The
third point was: Had they right to
draw" and it appears to me there can
be no dispute about that. They were
not entitled to draw upon either the
Providence or Hanover bank.
The fourth question, as to Intention
of fraud. is the only one with which |
have had much difficulty. On the first
the defendants were equally respon-
Sible; but when we come to the last
there is a material difference between
the positions of Mr.. Shotwell and Mr..
Clerihew as far as criminal intent was
concerned. Looking at it in broad
sense. think MIR. Clerihew is innocent
of criminal intent. The grand jury
may find it different, but my con
viction is that as far as Mr.. Cleri-
hew is concerned criminal intent is
not established, With reference to Mr..
ShOtwell there is quite difference. He
told Mr.. FoSs that he was going East to
arrange for loan already promised.
but the evidence showed that none had
been promised or negotiated for.
Further evidence, and particularly the
fact that MI. Shotwell had the princi-
pal financial charge of. the business,
make his position different. The result
will be that the case will be dismissed
as to Mr.. Clerihew and Mr.. Shotwell
will be required to give bonds to appear
before the next grand jury"
This ended the case, but not the COM
ments. Mr.. Shotwell was taken to the
district court, where Judge Lochren
fixed the bond at $4,000, which was
signed by Messrs. John L. West, c. B.
Hetfelfingec and I'll. w. Wagner. Shot
well declined to say word about the
case. Clerihew was evidently greatly
relieved, but he said he felt more or less
bound up with his partner. 1t is not
unlikely that the grand jury will indict
both men, as the bank officials Will Ger
tainly make presentment. Judge
Shaw said both men should have been
held. 1.-The question will be-" he said,
whether Mr.. Clerihew can be found
when the grand jury wants him."