St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-04-06
LIFE is TOO CHEAP.
Judge Kelly Reads a Whole
some Lesson to Tender
Hearted Jurymen.
There Is an UnWonted Ten
derness Toward Persons
Charged With Murder.
The Bohemians Who Slew
Frank Kohout viii Not
Go Free.
At Least the State Will En-
deavor to Convict Them
Of Murder.

| About week agot the trial of Andrew
| Solar, charged. with five others, with
the killing of Frank Kohout, the '.Bo-
hemian BULL" on the night of Dec. 10,
| ended in the acquittal of the accused.
In Sofar's case there were two trials,
in the first the jury disagreeing; the
conclusion of the last acquitting the
| prisoner. As there were five more Of
| the same gang awaiting trial
! under the same Indictment,
| of murder in the second degree, the
| county attorney, to save trouble and
| expense to the county, and because of
| the similarity of the evidence against
| three of the remaining five as that upon
| which the state tried to convict Softer.
! made motion that the state be allowed
| to enter q nolle prosequi in the cases of
| John kajala, Michael Chisock and
| Michael RoSonSlly and discharge them
from the custody of the sheriff.
| He thought that there was sufficient
other evidence against John Petszki
and James ReinSki. the remaining two,
| to warrant trial and asked that these
! two out of the five be held and tried.
| Judge Kelly took the matter under adj
| yisement until yesterday, when he de-
| clarcd in emphatic terms much to the
| support of justice as it should be adj
ministered and as ii shall be upheld in
q court where ne shall grace the bench.
! In denying TIE motion he said:
Zone of the defendants in this case,
Andrew Solar, having been tried
! acquitted, the states attorney moved
! the court TO enter noHe prose-
! qui as to the other defendants Jointly
| indicted with Sofar. except John Petszki
| and Joseph Reinski. who are at large.
| The court has carefully considered the
| suggestion of the county attorney, and
| after mature deliberation | have come
| TO the conclusion to decline to permit,
at this time, noile proSequi to be ell
| tered as TO these defendants, or as to
any of them. These men are indicted
| for murder in the second degree; the
| state, by its Indictment, giving to the
| of any doubt as to the degree
of the murder. l patiently listened to
| two investigations Of this killing. 1t
conciusively appeared that the person
named in the indictment, Frank
| kohort, was about the time named, and
and iii this county. killed by persons
| who issued out of the house one James
| BrinSki, or some of them. So far as
| those investigations went there appears
| to the court no legal Justification for the
killing. There might have been provo
cation, that may have or might properly
reduce the grade of the offenSe
but there was, so far as the
| court is advised, no Justification
The offense charged is the gravest
| known TO the law, and while recog-
| niZe the difficulty under which the zeal
| Gus and able prosecution for this county
labors III these prosecutions, and while
| L recognize the responsibility that is
upon me in taking the course that |
have taken, yet do not feel that in
! conscience L can permit this matter to
go without at least one more inyeStiga-
ton before jury OF this court. The
| records of this court show that human
| life is held far too cheap.
While men are readily convicted,
| however, before jurieS of this
| court for larcenies and the like,
there seems to be an unwonted tender
ness among jurymen, when men are
| presented before them. charged with
crimes OF this grave nature. 1t is true
that this investigation may involve
| further trouble and further expense to
! this county and may be frutlesS, but
no trouble and 10 expense should be
spared when a mattar of justice and
| the enforcement of wise and benign
laws is under consideration. The mo-
ton will be denied" Judge Egan an
| nounced that the state would proceed
with the trial next Tuesday.