St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-08-28
Prevents a Deputy Marshal
From Serving a Warrant
on Mason.
Another Day Of the Broad
Farce Before a Minneapo-
lis Commissioners.
Special District Attorney Bax-
ter Refuses to Open the
Prosecution,
But Little Lord Odell Insists
That the Trial Must Pro-
ceed.

| merators before United States Commits
sioner Odell attracted quite a thrOng of
I spectators on the eleventh floor of the
Guaranty Loan building at Minneapolis
yesterday afternoon. The excited talk
at the attorneys the day before. when
Marshal Daggett undertook to rearrest
! the men upon other warrants, and the
talk of violence, had created the inl-
preston that there was likely to be
some more excitement, and everybody
seemed 10 be on the qui vive. Marshal
Daggett appeared at the head of five
deputies, and there were also number
of police present to put down any in
cipient riot. So affairs were given quite
A Warlilxe Aspect,
although the developments were rather
tame. The situation presented was a
rather strange one. bordering on the
ludicrous. Special United States At
torney Baxter desired to secure the dis
charge of the prisoners so they could be
rearrested and brought before another
commissioner. With this point in view
he had no witnesses TO offer. The de-
PENDANTS attorneys were determined
that there should be an examination and
desired to force the presence of James
HI. Mason, the principal witness. The
case was taken up at the point
where it terminated in row Tues
day afternoon. Judge Shaw reviewep
the situation, and read the return.
Judge Shaw quoted authority to show
that the law gives defendants speedy
trial or examination, at which they shall
be confronted by their accusers.
Very Little Rope.
In reply to Judge Shaw, Attorney
Baxter said: 81 have very little hope,
indeed, that anything have to say here
will have influence with your honor.
While the department of justice is not
the United States, it is corporation
and has right to appear here through
its attorney. | suppose no similar in
stance was ever seen in court before;
that is. of the prosecution refusing to
put in any evidence. Citing the same
YOU to hesitate before you take the
action asked for by the defense"
Commissioner Odell refused to grant
a continuance.
At this point Marshal Daggett APP
preached Attorney Baxter, and, when
STOPPING over to deliver message in
his ear, the crowd caught the outline of
huge revolver in each hip pocket, and
a pleased ripple of laughter went round
the room as they thought of yesterdays
proceedings. Judge Shaw continued:
Mason Badly Wanted.
ave demand that your honor call
John Ii. Mason here, put him on the
stand and swear him, the prosecuting
attorney refusing to do so. 1t is your
lhonor's duty; 1t is the law that he be
brought here. Mr.. Baxter says he has
100 witnesses. We only know of one.
If he has them, it is time he was sub
pGnaing them. We are ready for a
i caring, and we don't propose to wait"
ss Mr.. Baxter left his seat, whispered to
Marshal Daggett and hastily left the
room, and there was STIR in anticipa-
ton that something was going to hap
pen.
What did you say, Judge Shaw. l
was out" said Mr.. Baxter.
II said we are here for examination.
If you do not see fit to call John II.
Mason the commissioner will, as it is
his legal duty to do"
Mr.. Baxter arose with considerable
hesitation and said:
Il suppose it will be of little use for
me to reply to the defendants counsel"
He held it as the duty of the commits
sioner to hesitate before he took the
case into his hands.
One Witness Not Enough.
'sDo you suppose that you can obtain
the testimony from this single witness
that will convict them. You know you
cannot. the defendants know it and
know it. 1t would only result in the
discharge of the defendants" said Mr..
Baxter.
Judge Shaw Replied:
"With the usual bluntneSS of prose-
cutting attorneys, my friend fails to
recognize that the defendants have
rights We say we are not guilty, and
we demand that Johh 81. Mason come
here and tell us what he knows about
this thing. | want to ask Attorney
Baxter rig hit here if when ne reviewed
that case, when McCatferty issued that
warrant if he expected to take this
case. I'll speak plain English now.
Minneapolis has been prosecuted long
enough. We've been hauled up here
every week long enough, and now we
propose to demand our rights. Attorney
Baxter admits that il Mason came up
here and told all he knew the defend
ants would be dismissed. We expect
that. but didn't know before that BaX-
ter felt the same way. Minneapolis
proposes only to demand her rights.
She desires
No Act of Violence,
will not have it, but will have her rights.
We demand that the commissioner pro-
coed with this examination and call
Mr. Mason, inasmuch as it is duty and
and the law that he shall do so, when
the prosecuting attorney refuses to
act"
''Have you any argument to make.
Mr. Baker?'' asked Commissioner
Odell.
Mr. Baxter shook his head.
Z E"Have you any Witnesses"
MIR. Baxter shook his head.
II see you are here" said Mr.. Odell,
and everybody laughed.
"Only by accident, though"
> MI Baxter, l met you as district
attorney for three years. Did l not
always treat you courteously?"
9 6''You did, Sir"
fs'Did / not hold every man whom you
presented who should have been held?''
''You did, sir"
q This ended this matter, and Commits
sioner OdeH asked Marshal Daggett if
he had notified Mason to be here, as Or
dered yesterday.
II did not. SIR" said the marshal.
CO. The Case Adjourned.
Z Commissioner Odell intimated at first
that he would continue tine case until
morning, but finally made out bench
warrant, which was placed in the
hands of Deputy Marshal Gus Beaulieu,
who left this morning in search of
Mason. He went to st. Paul about6 |
O'Clock. Word was received that he
had found Mason and had served the |
attachment, and that it was defective.
At 7:30 o'clock Commissioner Odell ad- |
journed court to 10 o'clock this morn
ing, although he had previously an
nounced that he would stay all night. or
until Mason was found, if necessary.
Deputy Marshal Gus Beaulieu arrived |
in st. Paul shortly before O'Clock, and, |