St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-05-16

not yet introduced all of their evidence
on the establishment of the fact as to
Water street being street. John Is.
BOttineau, the little attorney, son OF old
Pierre Bottineau, who plated Bottl-
neau's addition when Minneapolis was
in swaddling clothes, was called.
Mr.. Bottineau said he made living
by practicing law that had "been petit
Jogging for about thirty years." and had
lived here for IL years. His father,
Pierre Bottineau, lived on the East side,
between Sixth and Seventh avenues
northeast, west of Marshall street, from
1915 until 1854. Mr.. Bottineau said he
was familiar with Water street from its
survey along about 1850 until the pre-
sent.
Did your father have any knowledge
of Water street," inquired Mr.. Jamlson.
"Yes; he knew of it from its survey,
he h wing dictated it himself"
"Mr Botteneau, was your father ever
on Water streetP'
Eyes, he was on that street i'll 1873.
"How long has that street been
Opened?"
"Well, it has been entirely opened
only at intervals, because for a long
time that street was considered COM
mon ground"
"Was there travel on that street IN
the 50's?"
Yes there was. land, SO far as know,
ever since"
Did you know that the street was
suryeyed?'
Eyes. l had the plat drawn by Will
lam R. Marshall"
"Wnat did you do with the plat?"
81 had it until 1872, when it became
worn out and fell in pieces"
"Haye you seen copy of that plat in
the register of deeds Officer"
eyes, / have"
The copy of the plat in question was
shown MI. Bottiueau, and he said that,
so far as the survey of the streets was
concerned. it was true copy. The
numbers of a couple of blocks were diff
ferent Otherwise the plat was cor
rect.
"Whatabou certificates and acknOWl-
edgements Of the plat?'
"The plat was signed by my father
and by Marshall-by my father as
acknowledging the survey. 1t was GER
titled in st. Paul"
Mr.. Benton then took the witness
and traversed the same ground covered
by JamiSOn. only more infinitely. Moth
ing new in relation to the land in Bot
| tineau'S addition to the survey. or to
Water street, however. was elected.
Mr.. Benton followed the trail like
Comanche Indian and went over the
ground again and again, trying to break
| down the evidence, going to show that
Water street has been open to travel
| and, therefore, a street, but he failed.
| Mr.. Bottineau admitted that he himself
had once tried to capture Water street
| but his father sat down upon him and
fOld h hot NafA of in
street and could not be taken from the
city. As to the plat being on file, Mr..
Bottineau knew that it had been in the
register of deeds office for a
good many years. Mr.. Bottin-
eau said that he had always
either signed or witnessed the deeds
to lots in Bottineau's addition except,
he said, when my father, like his son,
made break and sold some property
on pinch without any one knowing of
it." That closed Bottineau's testimony.
F. HI. Shaw, A. j. EIliott's partner,
! came next Shaw looked more like a
minister of the gospel than like a um-
herman, wore his Overcoat and gave his
! testimony in low, soft voice.
"Do You know John L. McGoWan?"
| asked JamiSon.
Eyes, sir, | do"
| in the council?"
Eyes"
"Did you see MCGOWAN about that
time?''
Eyes. He came to me where was
on the river. 1t was cold day, and he
asked me if was gong before the in
vestigating committee. l replied that
] was not unless forced to. That was
all that was said"
MIR. Shaw was then turned over to
Benton.
"Was this talk before or during the
Investigations" inquired McGowan's at
torney.
ut was, I think, during the investiga-
tion."
cit was after the papers had said Mr..
Elliott knew something's"
81 couldn't say"
"You testified before that investi-
eating committee?"
Eyes, SIR"
"Did not MCGOWAN say that he wanted
Elliott to go before the committee and
either affirm or deny the accusations?"
Il don't think he aid, and l did not
ask him if he wanted Elliott to go be-
| fore the committee"
| The cross examination ended here,
without much having been gained, and
Mr.. Shaw stepped down. At this juno
ture County Attorney Jamison offered
| Book M of deeds. showing the pat
ent of Pierre Bottineau, to prove the
dedication of Water street by Boitineau.
| The patent was dated March IA, 1S49.
Benton objected to this, but the objec-
ton was overruled, and the book and
patent were admitted in evidence,
as going to show that Water
| -. Lo iNr,
| Bottineau. The failure to keep out
that evidence on the part of the defense
wos blow to their attempt to prove
that Water street was not public prop
erty or public street. Several other
pages from the records Of the register
| of deeds Office were introduced by the
| prosecution, all with view to proving
that Water street was street in every
sense of the word.
| County Attorney Jamison here called
for j. B. Gilfillan, but ne did not re-
Spond. Mr.. Jamison said that Gillian
was his last witness, and the court
thought the defense might as we'll go
on with the case until Gilfillan should
make his appearance.
NOTICE TO DISMISS.
Mr.. Benton arose, and in his coolest.
icieSt, most even tones, moved to dis
| IllSSs Oll GllC SlOullu Ildb Viz luQICIillSuO
did not state public offense, and that
there had been no evidence against his
client.
"There are." said Mr.. Benton. ''sev-
eral questions
raised by this motion. One is the ques-
ton of Water street being public
street, but suppose the court will pass
upon that for the prosecution. Then
there is great variance etween the
alleged contract and the one attempted
to be proved. All the evidence intro
duced is. to my mind, of such a fiimsy
character that no court would allow a
verdict on it. Mr.. Elliott has stated
some things which he claims to be
facts, and some which are his conclu-
sionS.'
Benton then reviewed Elliott's testi-
mony, which, he held. supported his
motion to dismiss, and argued that
Elliott had done all the talking, and
that Elliott's understanding that Nc
Gowan had agreed to take the 5000 and
support the measure III the council, did
not prove that MCGOWAN really did
agree to accept the bride. The point was
| No. NJ