St. Paul daily globe., 1890-05-29
OVER THE TERM.
Brueshaber's Case COntinued---
Haney's Demurrer Argued.

Brueshaber's Case Continued---
Haney's Demurrer Argued.
Brueshaber will never be tried. That
is the way the matter looks now. The
case has gone over the term, and that
practically means that the prosecution
will be dropped. The trial of Brue-
shaber was set for yesterday morning,
and when 10 o'clock arrived it found
R. L. Penny, Robert Jamison, G. ii.
Benton, F. NJ. Nye, Fred Brueshaber,
John L. MCGOWAN, Ralph Whelan and
C. F. Haney in the court room. X. l..
Penny stated before court convened
that Aid. McGowan was in Chicago,
and that therefore the defense was not
ready for trial and would ask for con-
tinuance. But MCGOWAN arrived just
before 10 O'Clock, which somewhat in
terfered with previous arrangements.
Nevertheless, as soon as the bailitf had
raped for order Mr.. Penny, for the de-
fense, arose and asked that the case be
continued over the term. Judge Smith
evinced some surprise, but asked County
Attorney Jamison what he desired done.
Mr.. Jamison replied that If the case
could not come on this week it might as
well be put over until the fall term,
which was accordingly done. The coun-
ty attorney insists that the Brueshaber
matter will be tried and that he has
much stronger case against MIN than
against McKowan, but there are many
including the attorneys for the defense,
who believe that the trial will never be-
come reality.
AS soon as the Brueshaber matter was
disposed of, the court took up. the hear
ing of the arguments on the demurrer
to the Indictment against City Clerk
Haney. Ralph Whelan appeared for
Haney, and Robert Jamison for the
state. This demurrer involves some
many prominent lawyers to the court
house during the day. Judge M. b.
Koon was present during good part of
ner. Whelan. Aid. MCGOWAN
and Brueshaber sat through
the whole argument, and were joined at
various times during the day by other
representatives of the people in the city
council. Hanley's case will go over the
term in any event, and the demurrer is
an attempt to settle the matter speedily.
without the notoriety attendant upon
trial.
Ralph Whelan, Haney's attorney,
opened the argument by reading the ip-
dictment, which recites that Haney is
charged with an attempt to commit the
crime of bribery. MIR. Whelan then
spoke for nearly three hours and made
a mastery argument. He took the
ground that even if Haney did ask Car
penter to furnish money for the bribing
of alderman, it was not near enough to
a crime to be indictable, and he went
into sort of a mathematical demon
stration to prove his point. Case
after case was cited by Mr..
Whelan to sustain his point.
argument after argument was adduced
to prove that Haney, evenif the lndict-
ment were true, had committed no
statutory offense. He admitted that if
money had been offered to the alder
men it would have been a crime.
whether accepted or refused, but he
denied that the suggestion to Carpenter
that money be used did not approximate
the crime of bribery near enough to
come within the law.
County Attorney Jamison began his
argument for the preservation of the in
dictment at o'clock, and read case
after case and decision after decision to
prove that the attempt to commit
crime is an indictable offense. These
citations tended to show that an attempt
10 COulIUlG cTilll0 SuOWS euO iulCHt,
which is indIctable thus far. Should
man be found working ON the
door of bank, with tools in
his possession for forcing an
entrance, and should he be caught be-
fore having really gained an entrance,
he could be punished. Another similar
case cited was where man had been
punished for an attempt to commit
arson. although no property was really
burned. Mr.. Jamison's argument was
to sustain the point that Haney's act. if
the Indictment be true, was the prepara-
tion for the commission of crime and
therefore part of the crime itself. His
argument lasted not more than one