St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-05-17
M'GOWANNOT GUILTY
That Was the Verdict Rem
dered Yesterday by the
Jury.
What Effect the Result Will
Have on the Other Doodle
Cases.
The Tribune Has Not Yet
Fully Secured the City
Printing.
Brackets Ordinance on Car
rying Concealed Weapons
Routine Business.

At exactly 5:33 yesterday afternoon
the twelve men who have been sitting
upon the case of the State of Minnesota
VS.. John T. McGowan, fled into the
court room after having been out about
fifty minutes. and returned a verdict
of not guilty. By this verdict john I.
MCGOWAN is cleared of the charge OF
having been corrupt alderman, and
of having prostituted the powers
conferred upon him by the voters of the
First ward to dishonest requirement
of money. Thus ends the first bribery
case-at least SO far as public officials
are c0ncerned-that was ever tried i'll
the courts of Minnesota. That the YER
diet, especially the speedy agreement,
was surprise is acknowledged. Very
few persons who had listened to the
testimony believed that the jury would
find McGOWan guilty; but disagree
ment has been expected. Even those
who anticipated an acquittal did not
think it would be reached before this
morning.
YESTERDAY PROCEEDINGS.
The court room was, yesterday morn
ing, as it has been ever since the case
Of McG0wan was called-packed to the
doors. Both sides wanted to close the
ease as speedily as possible. and with
that in view hurried up the closing tes-
timony as much as possible. john L.
McGOwan, the defendant. was still on
the stand, undergoing cross-eXamIna-
ton when court adjourned Thurs
day night, and he took the wit
ness chair again yesterday morn
ing and testified at some length.
He was followed by John Ii. Parry, the
Seventh ward alderman; Peter Me-
GOwan, brother, and Charles Fox.
after which Aid. Woodward was re-
called for few minutes.
COUNTY ATTORNEY S ARGUMENT.
County Attorney Jamison made an
able and convincing argument. He
talked as man who believed implicitly
what he was saying, and followed the
evidence closely. line 10y line. and word
by word. He outlined to the jury, at the
outset, the Importance of the case
which they had heard, which, he said.
was the most important one in which
he had ever been Interested, since 1t III
volyed the stability of all government.
BENTON FOR THE DEF GNsE.
At 3:l5 G. II. Benton leisurely arose
to present the case of his client, Nc
G0Wan. Leaning on the judges desk
most Of the time, and emphasizing his
remarks by lourishing his gold-rmmed
eyeglasses. Mr.. Benton delivered a
speech full of petitiOning for his client,
and Of iibeS at the arguments of the OPP
posing attorneys rather than of Il keen
analysis of the evidence in the case.
Occasionally, however, the speaker
would warm 10 his work and become
really eloquent.
JUDGE SMITHS CHARGE.
The arguments ended, nothing re-
NAMED bat to charge the jury. In an
earnest manner the judge began:
''GentIemen, the defendant is accused
by this Indictment Of agreeing to re-
ceive a bride. Here followed an ex-
PLANTATION of all the terms Of the indict-
ment, and of what the law considers
bribery You will perceive that tbs IN
dictment does not charge that the de-
PENDANT received money. All that the
state must prove is that the defendant
agreed to receive money. Now, these
facts have to be proved; that the de
PENDANT was public official duly
elected. There is no conflict of testi-
mOny here. 1t must be proved
that the matter, tor his action upon
which ne is alleged to have agreed to
take money. was proper subject for
the city council to act upon. Ii must
be established that the defendant did
agree, in consideration of receiving
500, to act as Elliott wanted. TO estab-
lish an agreement it must be proved
that Elliott agreed to pay the $500 and
that McGcwan agreed to accept 1t.
There must have been union of minds.
In order to secure a conviction the state
must have established, beyond reason
able doubt, these three thing mentioned.
absolute certainty is not required, but
moral certainty Is required. You are
the sole judges of the facts in the case.
and must find your verdict accordingly.
In considering the evidence you may
take into consideration the appearance
OF the witnesses upon the stand, and the
interests of the defendant. Under the
law, Elliott is not an accOmplice. He
has, however. confessed to having at
tempted TO commit a crime, and you
must decide whether his evidence is
more worthy of belief than that Of the
defendant. Gentlemen, the case is in
your hands. and you must decide it. not
according to its Importance to the com
munity. but in accordance with the EVIL
denee."
TIE VERDICT.
The case went to the jury at precisely
4:40. Then there was brief respite from
the humdrum of the trial. Everybody
was discussing how long the jury would
| be out, and the probability OF an agree
ment. One attorney became excited
| and wanted to bet that verdict would
be returned inside of f0rty-tiVe minutes.
He lost, as il afterward turned out, by
| five minutes. McGowan's friends
gathered around him in one corner
nd Hhd
| him over the period of suspense.
| Aid. Bruesha Der stuck close to his at
torney, K. l.. Penny. Aid. Parry wan
dered in and inquired after Judge
Smiths health, and Joe Ingenhutt joked
! about politics.
just after the hands of the clock had
| passed the $50 mark, Bailiff HyneS
| told Judge Smith that the jury was
ready to report. The court room Was
as quiet as tie grave when the twelve
men filed in and took their places i'll the
! box.
gentlemen OF the jury, have you
! agreed upon a verdict" asked the
! clerk.
owe have" came the response.
The verdict was handed over, scru-
tiniZCd by the court, found to be legal
and was read. 1t stated:
| J
Then there was a cheer. Friends
crowded about McGowan on all sides
| and congratulated him upon the out
come. He took the verdict as he has
the greater part of the trial-with the
utmost GOODNESS. He received the con-
CALCULATIONS Of his friends calmly. shook
hands with the jurymen all around and
went home.
FUTURE RESULTS.
Although the prosecuting attorneys
| claim to have not considered what they
! will do now that MCGOWAN has been ac-
! quilted, it is more than probable that
the Indictment against Aid. Fred Brues-
haber will be dismissed. He was in
! dicted upon precisely the same evidence
| as was McGOwan, and his prosecution
would have 10 be carried on with the
same evidence. Since that evidence has
| failed in McGoWan's case it would PROB
ably fail in a trial of Brueshaber.
| This does not necessarily, however,
end the Doodle cases. City Clerk
| Haney, the county attorney says, will
positively be tried on the indictment
which now stands against him. He
was indicted upon an entirely different
| oborro ond wholly different evidence