St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-06-22
HE WON'T PROSECUTE.
The District Attorney Declines to
Prosecute for Conspiracy.

The District Attorney Declines to
Prosecute for Conspiracy.
Gen. Sanborn gave way to Judge
Flandrau. The latter was about to read
the affidavit. when Mr.. Hay tartly, in
sisted that it was wholly unnecessary to
read the affidavit. However, he would
be glad to confer with Judge Flandrau
in person. but he did not care to express
his views to the gathering present.
Judge Flandrau responded that the
petition and affidavit did not refer
to an investigation of the evidence with
a view of prosecuting the enumeratOrS
arrested, but that it charged that con-
spiracy had been formed to do a grievous
wrong, such as would be regarded as an
outrage equal to any ever charged in
South Carolina. He claimed that the
affidavit detailed state of affairs that
was irresistible. The allegations would
be fortified by the evidence. There had
been great outcry raised about this
matter through the papers and citizens
of Minneapolis, protesting against the
manner of the arrest.
1--WE do not go out with brass bands
to hunt Offenders" persisted Judge
Flandrau. "They say their citizens
were arrested in the shank Of the even
ing. That was the best hour and the
only time to detect their manOeuvers and
to catch them in the act. An expedi-
ton came to this city at more un-
seemly hour and tried to take, by un-
lawful means. the evidence of the
offense committed. We, as citizens Of
St. Paul. demand that the evidence be
kept where it can be used when needed.
a will effort n rQtain if
We hold the marshal and all connected
with the prosecution responsible for its
safekeeping."
Judge Flandrau laid the affidavit on
the desk in front of Mr.. Hay and ceased
speaking. The district attorney arose
from a seat on the window sill and
made short speech, in which he said,
in dramatic way:
II agree very heartily with what you
say about hunting criminals with a
brass band. regard it reprehensible
to try causes in the newspapers. 1
think the great part of your petition
should be directed to the census super
intendent at Washington. | shall do
my part to preserve the testimony until
it is used or taken out of its present
custody by order of the attorney gen.
eral or competent tribunal. | have
communicated with the attorney gen.
eral and will do nothing further until 1
hear from him, as expect to do from
day to day."
Richard L. German here asked-"You
have no objections and will take no Of
| fense if we write to the attorney gen.
eral also?"
"Well, no." replied Mr.. Hay, "but
1 believe you should address your COM
municatiOnS to the census Superintend-
ent."
Some one said: "Perhaps Mr.. Hay
| does not understand that this is not a
petition asking him to investigate, but
| to proceed against all the parties inn
| plicated for conspiracy"
During the informal discussion fol-
| lowing. Mr.. Hays speech, that gentle
man repeatedly stated that he had no
means at his command to hunt up evil
dence or to prepare the case for trial.
| The government did not allow him a
dollar for extra expenses. After several
| questions had been asked and num-
Der of statements had been made some
one suggested that it was o'clock, and
that they had promised not to encroach
Oh Mr.. Hays time.
Fred Driscoll Sr. here got in his work
| with the query:
II understand you decline to prose-
cute for conspiracy"
II decline, STRIP was the terse re-
| joinder.
A voice in the rear was heard: .I
| move that we return to the mayors
Office" and the perspiring citizens,
seeing they could accomplish nothing,
at once filed out.
The district attorney asked Judge
Flandreau and Gen. Sanborn to remain
for the private conference he had pre-
viously stated he desired to have with
them. They so remained, while the
other gentlemen went back to the may
or's Office looking disappointed, not to
say disgusted.