St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-05-09


one-third sustained, but | can account
for the other third" G. A. Pillsbury
inquired, "How?" Mr.. Clausen-Oh, in
way best not to explain here.
Chorus of Grain Men - Demnr-
rage! Then all the gentlemen
laughed as if they had discovered
new joke; but plainly the demurrage
was not joke to some OF them. Super
intendent Mccormick, of the National
Elevator company, who was one of
those who brought charges against
Clausen, got into an animated discus
sion with the inspector over the grading
of some OF his wheat. He had samples
with him and claimed that the grade in
4 car he had received two days ago had
been placed lower than the same quail
ity of wfeat shipped in some weeks ago.
Mr.. Clausen-But it wasn't the same
grade of wheat.
Mr.. McCormick-Ill stake my reputa-
ton that it is, ON the sample.
Mr.. ClauSen sample is not an
average of the car. l would be glad to
have the committee look at the car, and
I'll stake my reputation it is a lower
grade of wheat.
A. B. Robbins, general manager of
the Northwestern Elevator company,
who was another OF the elevator
men who made charges, stated that
he was satisfied from the evidence that
there had been no orders given for a
stitfening in grades, and he acknOWl-
edged there was nothing to justify the
sweeping charges against the lnspec-
ton.
Charles A. Pillsbury also supported
the inspector and made what he called
a philosophical explanation OF the im-
perceptible change in the grading.
1T is human nature, he said ito tighten
up on the grading, and believe that the in
spectors would let up little on grades from
time whoever was in the positions. Why,
its common human trait A good dinner
will make an inspector a little more leinlent;
aprotest from commission will incline an
inspector TO temper justice with mercy, ana
so believe there in an imperceptible letting
down in grades going on always until pro-
test brings On reaction"
Mr.. Pillsbury's phllOsophic Observa-
tiOns were greeted with laughter by the
gentlemen present, who were all salts
fed he had struck the keynote, and one
elevator man observed facetiOuSly that
the inspectors should all live at The
West. Yesterdays testimony braced
up the inspectors side visibly. The
committee will hold another session to-
day to hear more evidence.
The question at issue IS one between
the millers and the elevator men, really,
and the inspector comes into it only as
the officer who grades wheat between
buyer and seller. The elevator side is
this: The elevator men who sold
wheat for May delivery claim that in
the latter part of April there was a
perceptible stiffening up of the grades
by Mr.. Clausen, so that much Of the
int 70 1oI
their May contracts was graded down
for that purpose. They say that the
wheat they sold and delivered in tie
early part of April passed muster as
No. l northern, while the same quality
of wheat which arrived in the last days
of April for May l delivery, was
knocked down almost one grade by the
stringency of the inspection. There
were about $4,000 bushels day coming
in during these fifteen April days, and
the amount of wheat involved then is
not far from 1,OOO.0OO bushels.
The millers, on the other hand, assert
that in their opinion there has been no
change in the grading; that they are
entitled to the same grade of wheat
they bought, and that If they don't get
it they WIN have to give up dealing in
futures entirely and by only by actual
test of the wheat. Such result would
be very detrimental to the market, in
their esteem.
Chief Deputy Inspector Clausen said
yesterday that there had been no
eased up little. certainly no stiffen-
ing.
at is our policy" he said, ''to start out on
the crop with pretty rigorous grade, so as to
get the country elevators started right and
the bulk of the wheat housed under good
grades; but we never. on the tag end OF the
crop, stiffen grades That would not be good
policy for any one We have had less trouble
this year with q poor crop than we ever had
before, and if it had not been for this May
delivery coming on, and all these gentlemen
anxious, don't think the grading would
have been criticised at all, because it is GER
tainly in better shape than ever before
The argument consumed the greater
part of the afternoon. Judge Hicks
very carefully charged the jury on
every point OH which there could be
any possible doubt in regard to law. He
said that he thought it not worth while
to describe what assault in the third de-
gree was, as the verdict must be either
assault in the first or second degree or
not guilty. There were two questions
for them to answer as to the first de-
gree, and they were whether the weapon
used was a deadly one and whether the
blow was struck with the intent to kill.
But the point particularly at issue
was, he said, whether the officer had a
right to arrest Hackett and whether
Kennedy believed that he had no right
to make the arrest, and this being the
case if Hackett was in acknowledgement.
If this were the case he had the right
to use what force was needed to save
him from the peril and no more. but if
on the other hand Kennedy thought
that Hackett hadsa right to make the
arrest he had no right to make the in
reference, even if Hackett through
his own resistance was in great
bodily peril. He called attention to
weighing the evidence given by wit
nesses once convicted of crime. The
jury went out at about o'clock and re-
manned out till nearly 10, when they de-
cided they could not agree on verdict.
The question upon which they could not
come to an understanding was the one
of the degree of the assault. In all
probability there was one man who
could not see as the other. Judge
Hicks discharged the jury and Kenne-
dy's case will have to be tried over
again.
WANT MORE COPS.
Additional Police Protection One