St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-07-26
HEGMAN'S HEARING.
1t is Commenced Before U. s. Com
missioner MOrey.

1t is Commenced Before U. s. Com
missioner MOrey.
Minneapolis proposes to stand by her
census enumerators. That is evident
from the way Judge Shaw and W. E.
Hale. the attorneys for the defense, con-
tested every point in the first of the
census cases which was given partial
hearing before United States Commits
sioner Morey yesterday. Louis Heg-
man was charged by Supervisor Daven-
port with falling to turn over his port
folio. Judge Shaw at once moved to
dismiss the case on the ground that the
comp laint did not state sufficient facts
to constitute a public offenSe, and be-
cause it did not show on its face any
breach of duty on the part of the de-
fendanu under the act OF congress. In
his argument, Judge Shaw said:
Nov, i'll view of what we under
stand, the point we propose to make is
this: Does this complaint contain suf-
ficient on its face to make out an Of
fense?' We think it is deficient. 1t
doesn't allege that the defendant had
completed his returns. | take it that
the law means he shall make his returns
when his work is completed" This
man is not charged with not cOmplet-
ing his work." said the judge. Hes
simply charged with not making his re-
turn. They simply say he had obtained
sundry items of information. This
allegation isn't sufficient to lay
the foundation of the specific
charge in this complaint, which is
a Nature to forward his returns to
the supervisor. Neither is there any
charge accusing him of failure to for
ward his returns within certain time.
Now, the failure to complete and make
his returns within the time given him
by statute is not intended to be clasSed
provides for withholding the enumer-
ator's compensation in case of such dis
obedience of the law, that is, falling to
forward returns by July 1. Now, in
order to constitute this specific Offense,
there must have been complete returns
to forward. For these two reasons [
claim that this complaint is deficient,
and | therefore move to dismiss the
complaint and ask for the discharge of
the prisoner"
Assistant United States Attorney
Baxter, in his reply to Judge Shaw's
argument, said:
1--WE cannot expect the same precision
and technical accuracy in making COM
plants before magistrates, as i'll the
case of indictments for grand jury.
1t would Illustrate the whole course of
criminal law if person making a COM
plant before justice should be held
to the same refined technicalities urged
in this case by the defense. Now, as
far as the complaint is concerned. we
deem it sufficient in this case. 1t
alleges that Hegman had, ever since
his appointment neglected. and yet
"a. 1890. to forward his re-
turns. What does that mean? Why. it
shows the court that on July q these
schedules had not been returned"
After long legal battle, lasting al
most the entire afternoon. the commits
sioner denied the motion to dismiss the
case, and Supervisor E. j. Davenport
was called as the first witness. Mr..
Davenport testified that he was the CEN
sus supervisor, and as such he had
issued commission to Louis Hegman
as an enumerator. He remembered
Hegman as one on list of 400 or more,
and he only knew about it in general
way. AS to the portfolio he knew it
could not be found. He identified sew
eral postal cards, signed by Hegman.
used in making daily reports. Judge
Shaw objected to their being put in as
exhibits, and before the argument was
finished the court adjourned until this
morning. Commissioner MOrey said
| that hereafter the court would be in ses-
sion from to IL a. NJ, and from 2 to 5
%. m.