St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-05-04
THE PERJURY CASES.
That of Dix the First One to
Be Heard BeforeJudge
Burr. =
A Great Array Of Legal Tall
ent Engaged on Both
Sides. IL.
Money Paid Dix to Make the
DISTINGUISHING Aft
davit.
Judge Burr Takes the Case
Under Care Until
Monday. -

Judge Burr presided yesterday at
the preliminary trial of Charles Otto
Dix, one of the men who made affidavit
of false registration i'll the Fhiri pre-
cinct of the Fourth ward, whereby $50
electors were sought to be deprived of
the right of suffrage. County Attorney
Egan, assisted by John w. Willis and
Thomas ID. O'Brien. conducted the pros
ecution. George Walsh appeared for
Dix, who refused the services of MeSsrs.
Henry Johns and Ii. L. Williams, coun-
sci for the other prisoners accused OF
perjury. When arguments were
reached, however, Messrs. Johns, Will
Jams and Zollman were permitted to
speak upon points of law. The court
room was crowded with spectators,
news. The first witness was Jasper
Harris, colored, who testified that
his name was included in the list
upon which the affidavitS of illegal reg
istration we're made by KingSbury and
Dix. He said he had lived ill the city
since 1878, and had voted i'll the pre-
cinct In question when it was in the old
Second ward. He had resided at his
present number, 1851 Rosabele street.
for twelve months, and had registered
in the Third district OF the Fourth
ward. The first he knew Of his name
being stricken from the lists was When
he picked up paper and saw it therein.
He had gone to one of the clerks and
protested. and had also consulted a
couple of lawyers.
City Clerk Thomas \. Prendergast was
sworn. and submitted the poll lists OF
the third precinct of the Fourth ward
and the affidavits of KingSbury and Dix.
The name of Harris was still upon the
list, and Attorney Walsh at once moved
for a dismissal of the case. on the
ground that the name was there con-
trary to the allegations in the complaint.
County Attorney Egan objected, stat
iug it was not the result of a false affl-
davit at stake, but the crime of making
a false affidavit.
Judge Burr examined the complaint,
proceedings being suspended during his
scrutiny. He announced that he I'M
terstood the point raised by Attorney
Walsh was to be made in the other cases
and he would take the motion under adj
yIsrment and proceed with the hearing.
Frank NJ. Reed, tho notary before
whom the affidavit was atteSted, was III
troduced by the state. He stated that
Dix swore to the affidavit, the oath that
he took being that he had read it. He
had not stated to Dix before he signed
that it would be all right. The affidavit
was made III the office of Henry Johns.
The affidavit was offered in evidence,
which was objected TO by the defend
ants attorney unless accompanied Oy
the poll list. Mr.. Egan said, I'VE make
no objection; let the whole thing go IN
poll list and affidavit Accordingly
the whole was received.
Henry J. StrouSe, one OF the judges
of election in the third precinct OF. the
Fourth ward. testified to the preSenta-
ton of the affidavit by Henry Johns on
the afternoon of Tuesday last, with the
demand that all the names contained
therein be stricken from the poll lists.
The names were not upon this at1ldavIt,
but upon another.
The state announced that 1t rested,
and the defense moved to dismiss on
the ground that the state had not made
out a case, The court announced that
the matter would be taken under adj
yisement, and in the meantime the de-
Tense would be heard.
"'rhc defense is this" said MIR.
Walsh. chat Mr.. Dix never knew any
thing about the contents of this affida-
Wit. and that he signed it on the recon-
mendation of the notary public and
others"
Dix was placed upon the stand. lie
stated that on April % 4 man whom he
did not know, but since believed to be
named Flynn, came to him and asked
him if he was voter in that precinct
and if he had partner who was a
voter. In a few minutes Mr.. Kings
bury stopped into the Allen barn. Wit
ness told kingsbury "a gentleman
wanted two voters in the precinct
to go over to Johns Office and that
there would be s. apiece in it. He Went
to Johns Office, and he 6Johns) asked If
| thought men were entitled to vote if
they were not found at the residences
given or nobody knew where they
lived. [ said no. He said, Take my
word as 4 lawyer, not as politician.
there is no harm in it, and
we Will give you no trouble" SO wit
ness signed his name. The notary had
not asked him if he had read the aft
dayit, and he would not have signed
had he known 1t was going to dlsfran-
chise people. He had not received
the s..
Albert E. Kingsbury was called, and
corroborated the testimony of Dix.
6As the witness left the stand. Henry
Johns arose with the remark that he
had some testimony which would be OF
interest to the defense, and he offered
to give it. He was sworn. stating that
men were employed to look up and re
port upon names placed upon the
poll lists. Upon these reports aft
davits were prepared. the frs
one referred to. Then an affidavit was
sworn to by MeSsrS. st. John and Lott
who were afterWard election Judge and
clerk, respectively of the third precinct
of the Fourth ward. Mr.. Lott claimed
claimed he misapprehended the affida
Witt, and Mr.. st. Johns hat
some delicacy in acting upol
it and it was necessary
to have another affidavit. The witness
told Charles Flynn he wanted two eiec
tors of the precinct, and he went out tt
secure them, returning with Dix anC
Kingsbury. Il told the men what de
sired, and advised them carefully, 81
that they relied, if they relied a
all. entirely upon my statemen
that they might properly make thu
affidavit. These men acted without any
intent of doing anything wrong, and
told them, not as a politician but as {
lawyer, advising them to make the
affidavit" The men who were present
were Messrs. Tanner, Smith, McIntvrt
and Ravord. Flynn was paid S. for hi
services, but was not authorized to offel
pay to any one.
Here the defense rested. Argument
as to the intent were made by Messrs
Egan, Willis, O'Brien, Johns. Williams
and Zollman, and also points of law in
volved.
The court adjourned until 9 o'cloei
Monday morning, to consider in thu
meantime the authorities brought Il
hear in the case.