St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-08-08
RAYS COOL NERVE
Is Chilling Even on the Hot
test Day Of the Sea-
son.
He Tries to Lay the Blame on
the City Treasurer's
Office.
A Pow-Wow Over the Court
House Imposition With
No Results.
A Midnight Musical Enthusi-
asst Held on a Peace
Warrant.


him with embezzlement, has had his
hearing set for next Tuesday after
noon, and is now confined in the county
Jail. The whole matter was arranged
yesterday morning, quietly and without
any stir on either side, and nothing
further will be done until the examina-
ton is called Tuesday, at p. m.
There was quite good-sized gather
ing in the union depot yesterday morn
ing when the ''Soo'' train bearing In
spector Howard and his prisoner pulled
in. The twain were accompanied by
Supt. Bracket, who had gone up the
road as far as WeyerhauSer to meet his
erStwhile trusted subordinate. One
would have thought on seeing these
three alight from the train that they
were just returning from a fish
ing excursion, except that in the
Shifty eye of the eX-license inspector
there was an expression of uneasinesS.
He tried to appear wholly at ease. but,
while the attempt was strong one,
there was still an all of unrest about his
Stalwart form. Whenever questioned
as to his departure or any of the events
succeeding it, he nervouSly pulled his
long muStache, drew his hand with a
breath of uneasineSS across his face,
covered by stubby growth of beard.
There was but little conversation in the
group, including several reporters, as
all proceeded direct to the city, where
Fred George and Capt. Dan Day were
awaiting them in the superintendent
office. Ray shook hands with both Of
ficers, exchanged few commonplace
0rI~n 1, t,n nd
Howard went to breakfast.
Along toward o'clock they returned
to police headquarters and thence to
the lookup, where the prisoner set in
the captains private office until r. l..
Penny, wi ON Ray had selected for his
counsel, could be sent for. The attor-
ney soon arrived, held short converse
ton with his client and all proceeded to
the municipal court room, where Ray,
who had so often appeared as an officer
OF law and justice complaining against
some violator of the city's ordinances,
was to be arraigned, charged with hav-
ing committed crime. Ray appeared
even cooler and more collected than
when he arrived in the city, but the in
tense silence which prevailed was evil
dence that all present realized the force
OF this unusual spectacle. The COM
plant on which Ray was arrested was
made by Charles E. Bernheimer, of the
Bernheimer Wine company, and
charges Ray with having, on
the 18th of July, while acting as the
agent of the city, embeZzled the sum of
$500 from the Bernhelmer Wine COM
pany. The plea of not guilty was i'm
mediately entered. The examination
could not be proceeded with yesterday
by Mr.. Penny, Rays attorney, so Tues
day at p. m. was named and bail was
fixed at 81, 1000. The prisoner was con-
Quoted back to the central station and
in the afternoon removed to the county
jail, where he occupies the large room
on the Eighth avenue side wherein the
Barretts were hanged. He made no
effort to get bail, although there is no
doubt that he could have found bonds
men had he SO desired. Ray disliked
troubling his friends, and his attorney
thought it as we'll to let the matter of
bail 90, as, should he be released, he
would be harrassed by the immediate
commencement of other suits.
Rays Defense.
When questioned as to what his de-
Tense would be yesterday. Ray said that
he had not given the matter much
thought. He would leave the matter
entirely with his attorney. That it will
| the fact that r. l.. Penny is his attor-
ney. Penny was counsel for the de-
Tense in the well-remembered case
against Tommy Kelly, which was dis
missed without the offering OF any evil
dence on the part of the defendant.
That case was in many ways similar to
Rays, and Penny'S familiarity with the
law covering it will go far toward help
ing him win the suit. Mr.. Penny has
declined to say anything about the mat
ter since he was selected as attorney,
but previously expressed the opinion
| that no conviction could be secured.
The tin box and what was in it will
cut most important figure in the case.
| From what Ray has let fall it is evident
that he will claim that the missing
money was in the box when he left it in
the city treaSurer's office, and that it
was locked. Against this will be OPP
posed the story of Assistant Treasurer
Modisette and his clerks, that they all
saw the box was open the last time Ray
left it there. 1t seems that when the
| inspector first began to leave his money
there he used a paSteboard box, but
Modisette objected to this and he Sc
cured tin one with lock. This box,
with it contents of checks and cash, is
still in the treaSurer's vault. 1t has
been suggested that, as the police de-
| partment knew that Ray was collecting
money from the saloonkeeperS in the
manner which he did, the city could be
held responsible for the cash. There is
a question about that. But, however, ii
may be there is little likelihood of the
| city beginning case against him,
should the present action fail. On the
possibility of Ray being prosecuted by
the city, County Attorney Jamison has
this to say:
There is no doubt in my mind but
that such proceeding would be futile.
Ray was entrusted with money possibly,
but not as the legal representative of
the city; and if he collected any such
money it was not legal collection.
The action of the Bernheim Wine COM
pany is simply an individual one and,
accordingly is perfectly binding as
far as the merits of the case are con.
Gerned." Mr.. JamisOn did not know
whether or not any other actions would
be brought against Ray, the case of the
! BernhoimeT Wine company being the
| only one of which he had yet heard.
| Should Bernheimer'S action result in
acQuittal, it is extremely probable that
the victimized saloonkeeper would be-
| gin actions against the city in an at
tempt to recover their money from that
| source.
As Ray Explains 1t.
When the ex-license inspector ar.
rived in the city yesterday morning he
absolutely refused to discuss his arrest
and the affairs preceding title said that
he had nothing to say about the matter
further than that he was wholly inno-
cent and that he had no fears for what
the future might have in store for him.
Later, however. he warmed up little
and concluded to make plain, concise,
unvarnished statement. Here it is:
II am not worried personally to the
slightest extent; if my wife was with
me to bear me up in my trouble, and
help me. would not have care in the
world. To tell you the honest truth,
am worried to death about my wife and
can think of nothing else. She is far
away, and until the last moment
hoped that she would be able to come
with me; in fact, had bought her tick
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