St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-11-10

from all liability of every nature, to ME
OF any person claiming by,threugh or ish-
der me, under or by reason OF the policy
# n 'urance or said company mum ered
2:.oo upon the title to block % Oh Auer-
bach q Hands addition of st. Paul.
This issthe paper which the Insurance.
company's representative endeayored 10
have Stensgaard sign while the latter
was confined in jail. The defense claim
that the case would never have been
prosecuted had StenSgaard signed this
paper. They offered it in evidence, but
Mr.. Egan objected. The question WAS
argued and the court took it under adj
visement. Col. Bissel was asked II he
knew where the policy issued to Stems,
gard was at the present time.
Il think it is herein court" he an-
sWered.
''lI's not here" put in Mr.. Egan.
Lets see,,' murmured Mr.. Willis, as
he fumbled among Mr.. Exams papers.
A minute later he drew forth the policy
and exclaimed:
Here it is. | expected the states
attorney would offer this as evidence,
but as he seems inclined to bury it, we
will move to have it admitted. We
want everything in this case brought
out and nothing concealed"
And the policy went in.
Mr.. Egan offered to introduce as evil
dence, number of records to prove
Uihlein's title to the property described
in the forged deed.
I'VE object" shouted Mr.. Willis,
"because a general rule of law Is that
proofs must follow allegations. Unless
you plead certain fact in civil or
criminal action you are not allowed to
prove that fact. The underlined prin-
ciple is that it is not fair to the opposite
party to Introduce proof of any fact
which the pieader did not deem of suffi-
clent Importance to set forth in his for
NAL pleading, whether civil or criminal.
The indictment in this case does not
state anything about Uihlein's title to
the property, and we object to any evil
dence in that direction"
Judge Brill ruled that 1t was not
necessary to show such title in order to
prove fraud, but that counsel might
offer the evidence they if chose. A num-
ber of records from the register of
deeds Office were then introduced, and
it was shown that Uihlein'S title to the
property was clear. MIR. Egan offered
the transcript of the testimony given
by Mr.. Stensgaard at the preliminary
hearing as evidence.
"Bject," yelled Mr.. Johns. 1.-The
mans former testimony cannot be used
against him, unless for the purpose OF
impeaching his evidence in this trial."
Il very much doubt if the minutes
taken in the municipal court could be
evidence. 1t is simply the wrrtten.
statement of the stenographer of what.
took place there said Judge Brill.
Mr.. Egan-Unless the counsel are
willing to concede that this is correct
transcript of Mr.. Stensgaard's testimony
we will put Mr.. HIllman, the stenogra-
pher, on the stand,
Mr.. Willis-COncede. eb? The state
wants us to cOncede that this is true
transcript of Stensgaard's testimony.
If we do that we want the state to COLI
cede that the transcript of other testi-
mOny given in the municipal court is
true. We have transcript of the testi-
mOny of one Frederick l.. Draper, which
may be interesting. We are willing
and anxious to have every word that
hlr. Stensgaard ever said brought cut 1t
this trial. but we must have fair play
Mr.. Egan-I won't accede to afsy--
thing.
Judge Brill-We will adjourn until 10
o'clock Monday.