The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1890-11-07
e. S. COURl
First Term of the U. s. Dis.
trict and Circuit Courts
Held Wednesday.

The Demurrers in the Minneapolis
Census Gases OverruIed--Judge
Spencer's Remarks.
The first term of the U. s. District and
Circuit courts convened at the court
house at 10 o'clock Wednesday forenoon,
Judge R. R. Nelson. of st. Paul, presid-
ing. There were also present from
abroad VIM. A. Spencer, of st. Paul,
clerk of the District court; Oscar B. Hill
lis, of st. Paul, clerk of the Circuit court;
and J. G. Donahouer, of st. Paul, U. s.
Marshall.
The roll call of the petit jury showed
all present except M. J. Lawton.
Judge Spencer in opening said that he
had very pleasant recollections connect.
ed with Mankato. In 1861 or 1862 he
presided over the U. s. Federal court
then held in this city. A change in
olitics changed the place of holding
court to Winona, where it has since
been held every spring. He said that
Mankato has grown wonderfully since
then.
When the court was held here the
principal business was the trial of in.
dicted cases for violations of the "Inter.
course Act' with the Winnebago Indi.
ans, which prohibited the sale to them
of intoxicating liquors. The reserva.
ton was but few miles from the city.
1 naturalized 200 to 300 of the Indians,
the conditions being that they take land
in severalty and disband their tribal
relations.
While there are no cases to try at this
term, the court will not fail for want Of
business hereafter.
The District court then opened. and
Judge Nelson took up the demurrers in
the Minneapolis census cases. The de.
murrers were to the Indictment of the
following: Ed. A. Stevens, Thadeus s.
Dickey and L. E. Strum; Ed. A. Stevens
Thadeus s. Dickey and Ben Aarons
and the latter three and another en-.
umerator.
The demurrers were raised on the
ground that Stevens and Dickey are dis.
qualified from being principal actors in
the offense, from the peculiar nature Of
the offense and the descriptive charect-
er set forth in the statute-in other
words that they conspire with the &C.
tors. A demurrer to the last count in
the indictments was raised on the ground
that no facts were alleged, constituting
an offense, with sufficient certainty and
deinitness. The attorneys held that
Strum was the only one who could be
convicted.
The ofense upon which the men were
indicted is conspiracy to make false Ger.
tificates and to make fictitious returns
in the census. - g
Judge Nelson stated that it does not
follow that no other person can be con.
victed of the offense as principals than
the actual workers, and cited the case
of Rex VS.. Potts and several other cases.
Aiders and abettors are not exemp,
from punishment as principals. He
overruled the demurrer in the case Of
Stevens Bnd Dickey.
In the other case he held that if the
names are falsely entered by the emu
merator they should be specified. other.
wise the prosecution could alIege the
300 false and fictitious names and the
allegation would be 30 general that in
case of conviction the prisoner could
not plead his conviction as bar to other
prosecutions, to be not well taken. In
the case of Stevens several names are
alleged.
All the demurrers were overruled
and proper time will be given the pris
oners in which to plead to their indlct.
ments.
The case of Peter Kremer vs. the c..
M. & st. P. road was continued, as was
also the case of Gilbert & Randall VS.
the Omaha road.
The court adjourned sine die, and the
officers returned to st. Paul Wednesday
afternoon.