St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-06-02
VACANT WOOLsACKs.

H. IL =
Es a VACANT WOOLSACKS.
fE,All the District Judges, Except
IL Kelly, Take a Rest---Honest
Johns Hopes Blasted.
r. All the district judges, except Kelly,
adjourned court early yesterday after
noon. Judge Kelly heard the special
b:term. and disposed of large grist of
l,mOtiOns, etc. The habeas corpus case
lof Mrs. Chance for the body of her
daughter, who, she claimed, was UNI
unlawfully detained by her father, who
she charges with keeping a house of ILL
fsfame, was postponed one week.
+ ROCHE FAILS TO GET RELIEF.
T. ''Honest john Roche finds 10 relief
lin his appeal for new trial in the
I Roche Nice ardy case, and his motion to
1'set aside the proceedings upon which
fthe original writ of mandalnus was is
tdwholly denied. The case was argued
t5before Judge Villas a week ago yester-
day by Fl. j. Horn for Mr.. Roche and
Mr.. Fauntleroy for Mr.. McCardy.
| AS then stated in the GLOBE,
the judge stated from the bench
the court saw no objection why the;
| Judgment should be set aside because
! the court minutes were slightly incOm-
plete and hardly showed a record of any
formal trial. The facts of case are
not altered in any way by their history,
be that correct or incorrect, and it be-
ing the proceedings of the court which
caused the making of the writ upon
| petition properly argued and submitted
and due cause shown to the court why
such writ should issue against Roche,
the same was then and there ordered by
| the court. When the motion for new
trial was argued there was nothing new
in the case which caused the court to
withhold its decision, save the question
OF the power to go back and upon the
findings of fact at the original trial, Or
der the minutes corrected. The court
notes in its decision:
1t is ordered that the motion of the relator
be granted, and that the formal written find
ings of the court be- allowed and filed nunc
pro tune, as Of March 81. 1889; that the
judgment heretofore entered be amended
nunc pro tune to conform to the written de-
cision Of the court, so that said relator have
judgment therein against said defendant for
said peremptOry writ OF mandamuS, and that
the same issue to said relator against said de-
PENDANT as city comptroller, and that said
alternative writ be made: peremptory in adj
dition to the Judgment already entered.
The clerk of the court is ordered to modify
and amend the record of the judgment and
the docket of the judgment to conform to
this order; and that he attach this order to
+ the judgment roll flied herein as so modified.
WORK OF INTELLIGENT JURIEs.
In the case of James Cody against the
Kansas City road. an action for per-
sOnal injuries received, the jury re-.
turned verdict for the railroad.
In the case of La. Richie against
the Chicago, Burlington Il Northern
road, an action to recover $40, 900 for in
juries sustained by the explosion Of an
oil tank standing near the DaytOn's
bluff depot, the jury awarded Richie
81, 200. ..s:
!: A verdict of s64.71 was found for the
plaintiffs in the case of Abbott Bros.
.against George c. Treator.
f Isr the SANDER case of w. S. Wood
+ against ALT Wedge, of West ST. Paul,
1.-THE jury gives Wood 500 for suffering
scharged with having accused Wood of
stealing hay, and Wood sued for 81, 900.
with the above result. obtained only
c,after the jury: had been out about
eleven hours.
i UNCLE SANS JUSTICE MILL.
b The June term of the United States
Iidistrict court opens at Winona tO-mor-
arow morning at 10 o'clock, Judge r. r. j
Nelson, of this city, presiding. Twelve
United States prisoners: left here last
:nfght for trial,saud the grand jury con-
evening in this city has about thirty
ceases. to dispose Of. Most of these are
for timber trespass. selling liquor to
Indians and without license and lar
tceny. The notorious Rutiedge, alias
{ Kelly. who has. been several times be-,;
5fore the courts and behind the bars off
this state, will be tried for stealing a
valuable fur coat f1om a priest at the
+ White Earth agency. Clerk Spencer
and Judge Nelson left for Winona last
night. 2s - :4;s.i -.
r STOUT ESCAPES STATE PRISON.
+ Divine mercy to the Borrowing family
|. of Herbert Il. Stout, the postal car rob-
Der. or bit of local influence friendly
to his case, properly exerted-and it
seems to have been-has saved Stout
from a long, weary term in state prison.
examination before three doctors
of this city and the probate
judge, held Friday afternoon. They
claim Stout is suffering from
general paresis, and therefore is fit
/ subject for the lunatic asylum, whittier
he will he taken tomorrow afternoon.
Stout is not violent and his acts and
speeches are decidedly rational, but the
medical profession declares him insane,
and he will be treated for that instead
of his, crime. -
b. BRIEFS.
The June term calendar contains $50
jury cases, 241 court and 81 criminal
I cases,a total of 615, somewhat smaller
number than that on the May calendar
+ just finished. 1t is very probable that
great many cases will go over to the Oc-
tOber term. there being no session dur
ing July, August aud September.
Judge Kelly sentenced Aaron Harris
and John ClarkSOn.s convicted of lar
ceny, each to six months imprisonment
at Saltwater.
. Scheffer Il Rossum sue Emanuel
Swenson to recover 1884 for goods sold.
In the case of Maitland E.. Graves
against the Trustees of the Hamline
University, as was agreed between the
parties, findings OF fact were filed by
/ the court yesterday, and decision in IA
I v0r of the plaintiff. - :; r.
In the matter of the petition of Dale
mOnd & Co., and others for the appoint
ment of receiver of the estate Of Sew
ard CrOnSe, heard before Judge, Kelly
at the special term held on the oath OF
May, defendants motion to discharge
the retaining order issued in the case,
is denied and overruled.
/ In the case of Sarah Wulff against
Nathan S. Brink, an action for work
done. Judge Kelly denies defendants
motion for new trial. sfiFs'
7 In the case of Charles j.. Berryhill
against Mark l.. Potter ct al, an action
to quiet title, Judge Villas overrules
plaintiffs motion for new trial.
/: Minnetonka's Picnic Grounds.
The st. Paul, Minneapolis & Mani
toba company have purchased and set
aside seventy-fve acres Immediately adj
joining their station at Spring Park,