St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-07-25

against Ed A. Stevens and T. S. Dickey,
who were charged with conspiring to
pad the Minneapolis census, were dis
missed yesterday by United States
Commissioner Morey, upon the motion
of Judge Shaw, of the counsel for the
defense, on the ground that the conf
plant upon which the warrants for the
arrests were made was not in accord
ance with the law. In rendering this
decision, Commissioner Mercy said:
1.-The motion is to quash the warrant
and all proceedings in this matter, upon
the ground of the insufficiency of the
complaint. The point made is that a
complaint made and verified upon in
formation and belief does not meet the
requirements of Article ". of the
amendments to the constitution the
United States, and, therefore, does not
confer jurisdiction" Judge Shaw
cited United States cases, also
those of the state of Minnesota,
upon all of which. Judge Morey based
his decision. Judge Morey further said
in rendering his decision: 'ln view of
statements made by counsel for the gov
eminent as to the practice in this dis
trict for many years, have arrived at
conclusion at variance with it With re-
luctance. and after considerable hesita-
ton. If decision by Justice Nelson
were cited sustaining such complaint
the objection having been properly
made and considered, l might feel
bound to follow it. but in the absence of
such a citation / must be governed by
what seems to be well settled law III
the courts of the United States, where
he, rorcQH ond dQ.
cided, and by the practice and decisions
in our own state courts I am clearly of
the opinion that the objection is we'll
taken. and the motion is therefore
granted"
In his argument Judge Shaw claimed
that evidence necessary for the issuance
OF a warrant for the arrest of citizen
must be legal and of the same kind that
would be accepted in court. In Illus
trating the point he said: ''Supposing
my friend Baxter should be going along
the street and some one should say to
him, John M. Shaw stole gray horse
out of my stable this morning. Then
suppose George N. Baxter should be
disposed to believe this statement
(Which don't suppose he would, being
a friend of mine), and should have me
arrested on an affidavit based on infor-
nation and belief that stole the horse.
Whv, he knows as we'll as the warrant
wouldn't hold"
After few decisions in support of
the stand he had taken had been read
by Judge Shaw, Commissioner M0rey
dismissed the cases.
After the cases had been dismissed
Deputy Marshal Daggett whispered
few words to Ed Stevens, Thad Dickey
and Enumeration Hegeman and handed
an innocent looking paper to the COM
missioner.
'sAre you ready to proceed, Judge
Shaw?' INQUIRED Commissioner M0rey.
"What about?" inquired the counsel,
feigning surprise.
''Oh, with the Hegeman case," an
swered Attorney Baxter.
81 don't know anything about it. l
havn't been notified of his arrest"
"Well, he has been," answered Mr..
Hay. 1.-THE warrant has been returned
and is now in the hands of the commits
sioner and the defendant is in the Gus
tody OF the marshal"
II suppose Pm enlisted for the war;"
replied Judge Shaw. LET me see the
complaint" After examining the COM
plant, which was practically the same
as the one which had been dismissed,
except that instead of being sworn to
on information and belief, it was signed
by E. j. Davenport as supervisor of the
census. The complaints against Stew.
ems and Dickey were sworn to by Detect
i've Mason. At the request of Judge
Shaw Hegman's case was continued I'M
til this afternoon, and the conspiracy
cases were set for Tuesday next, at Q
o'clock. Hegeman was released on $500
bonds, and Stevens and Dickey on $1,000
each, DR.. o. J. Evans and S. G. Gale,
of the Business Mems union, becoming
their suretieS.