St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-12-28

no charge on when 10 n0lQ tne
women and advised their discharge and
ordered The release of the two women,
but at the request OF the Wauscb girls
falnei detained her until the following
Monday. l never iNaHAiye1 or directed
any one to receive any money for l.H
release OF the women, and meyer knew
who the Wausch girl Was until she told
me that she had worked for Charles
HOyt." On crOSs-eXaminati0n Mr..
Bracket admitted that there was rule
made by the police commission, which
was still in force, prohibiting the dis
charge of prisoners without an order
from the court, but the commission al
lowed him to use his own discretion to
certain extent in this respect. In the
case of the women Mr.. Bracket said
that they were not, strictly speaking,
prisoners, but were detained for exam
nation.
After offering copies of the paper con-
tanning the publication, and one OF a
previous date, calling attention to what
was TO follow, the state rested its case.
THE DEFENSE BEGINS.
Col. Ripley. quoted section 220 of the
penal code, claiming that the publica-
ton was of privileged character. He
also claimed that i'm case of this kind
CADICSS liUlttC ~ PhONOhf anu
moved for dismissal of the case, as
the state had failed to prove malice.
After Mr.. Jamison had cited a number
of authorities Judge Emery denied the
motion.
COL Ripley. in opening the case for
the defense, said they would offer in ev-
idence five or six affidavits, made by
people whom Mr.. Maben had every rea-
son to believe were responsible, which
would show that the things COM
planned of were said to be true. The
publication OF the affidavitS, Col. Ripley
claimed. was privilege of the press as
ii called attention to the official acts of
a public official.
c. b. Maben was called by the de-
Tense Mr. Maben testified that he had
lived in Minneapolis since 1892. and was
engaged in the real estate business, and
he was also the editor and publisher OF
the National Arsenal and Free Lance.
"About two week before the publica-
ton of the affidavitS ). L. Johnson came
to my office" said Mr.. Maben. 81
wasn't there, but johnson left his cald
and a request that l should call on him
at his Office in the Rochester block. He
told me that he had in his possession a
number of affidavitS charging Chief
Bracket with very serious Offenses.
went to the Office once or twice after
that, and Mr.. johnson wanted to know
if | would publish them. l said l
thought l would, and made arrange
mentS for another interview. Then eX-
amined them thoroughly. Mr.. Johnson
didn't want the printers to see the
names of the nOtarieS, and he told me
that if l would call again he would have
the last pages, upon which the sigma
lures appeared copied and prepared for
publication. When | went there again
Mr.. johnson gave me the adldavltS ana
wanted me to comment upon them. L
told him | hadn't the time to make the
comments, and that, as he understood
the thing thoroughly, he had better
write the comments, which be did and
gave TO me. When the affidavitS were
published did not know that any eX-
animation or denial of the WauSch atfi-
davit had been made. l had been in
formed of the rule which prohibited the
discharge of prisoner without an order
from the court. | had also been told
that the matter had been brought to the
attention of the police commission, but
that Mayor Babb had said that the COM
mission would never investigate Brack-
EFT while he was member of it.
The afidavits made by Josie Wausch.
Blanche, Arthur, Jennie Hall. Delbert
Hall, Leila Lepa and Sergt. Krumweide
were identified by Mr.. Maben as those
which had been given him in JOhnson'S
Office, and, after lively fight between
the opposing counsel, were admitted ID
evidence and read to the jury.
About Dec. IL Mr.. Maben testified
that he had met W. II. DOnahue. Mr..
Brackets attorney. and in his CONVEX
sation with him he had offered the use
of the columns of his paper for any
atement or refutation of the affidavits
either the attorney or Mr.. Bracket
chose to make. Mr.. Maben said that he
had never known Chief Bracket until
he was introduced to him by Mr.. DOna-
hue, and declared that when he pub
lIshed the alleged libel he was not actu-
atcd by any malice. but printed the
affidavits because he believed them to
be true and for the good Of the general
public. In his crOsS-eXaminatlOn by
Mr.. JamIS0n Mr.. Maben said that prior
to their publication he had talked
about them with 5. L. johnson, Police
Commissioner Gjertsen and Henry
GiertSen and Police Sergeant Krum-
weide, who prOfeSSed to know all about
them. He said that he might possibly
have consulted others, but he would
like to refer to some memoranda he had
made at the time before he could an
swer positively who the persons were.
After cautiOning the jury not to talk
with any one about the case and to re-
strain from reading the newspaper
comments about the trial, at O'Clock
Judge Emery declared recess until
O'Clock this morning. when the cross
examination of Mr.. Maben will be con-
tinued.