St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-06-20

Jail of Brown county and there con-
fined; and after the lapse of three
months, at time to be fixed by the gov
ernor and designated by his warrant, to
be hung by the neck until dead by the
sheriff of Redwood county. The gov
ernor on May 81 issued his warrant
commanding Holden to be kept in sol
itary confinement until June n, and on
that day to be hanged. 1t is alleged
that by the said judgment of the state
court the life of Holden is placed at the
discretion of the executive of the state,
whether he shall die in three months or
three years, OF at any other time. BY
the Judgment of the court and warrant
of life without due process of law. and
at the discretion of the chief executive
of the state, in violation of the
fourteenth amendment of the
constitution of the United States.
After the death Of Dodge, and before
the trial of Holden for the murder, the
Legislature changed the law Furnishing
for homicide so that any person con-
yicted of murder in the first degree, in
stead of being hung, should be kept in
solitary confinement after the warrant
for hanging is issued, until the time of
execution and then hung. The former
law was repealed. The latter law is
alleged to be, as to the charge against
Holden, an eX post factO law, and there
fore Holden is in custody hereunder
in violation of article l of section 10 of
the federal constitution.
After reading the petition Judge Mel
son directed a writ to be issued order
ing John B. Schmid, sheriff of Brown
county, and g. w. Mead, sheriff of Red
wood county, to have the body of Cliff
ton Holden, together with statement
of the time and cause of his
imprisonment, before the circuit
court of the United States on June
"a at 10 o'clock in the forenoon, to do
and receive what shall then and there
be commanded concerning said Clifton
Holden.
Mr.. Wilson was seen at the Ryan last
evening, and in response to inquiries as
to the guilt and circumstances sur
rounding the trial of Holden said, in
substance, that he has an abiding con-
viction that Holden is innocent of the
crime charged, and for that reason he
has hung on to the case from the start.
He said that it would not be proper for
him to discuss the legal features of the
case at the present time. As it is purely
a legal contest, however, he saw no inn
propriety in speaking his opinion as to
the guilt or innocence of the man-that
not being an issue now. Frank Dodge
and Holden were cousins and fast
friends. The two took livery team at
the village of Morton, the home of
Dodge, and drove to Redwood Falls.
The intention of Dodge was to drive
to his home, and Holden was to
take the train the next morning
for his home. Holden went to
a hotel in Redwood Falls. and during
the evening went out into the town.
He admitted at the trial that he saw
Dodge while out Of the hotel at this
time. At about o'clock that evening
Dodge was found on the sidewalk dead,
with bullet hole in his head. The evil
dence against Holden was circumstan-
tial. At the trial the jury asked that
the case be submitted to them without
argument, after the evidence was in.
The jury stood nine for acQuittal and
three for conviction at first, but to the
surprise of his attorneys and some
others finally returned verdict Of
guilty, as charged in the Indictment.
The supreme court, in reviewing the
law. saw no grounds for reversing the
refusal of the lower court to grant
new trial. The governor subsequently
declined to commute the sentence to
imprisonment for life.
The construction put on the laws of
the state of Minnesota by the federal
court will be looked for with interest by
the legal fraternity.