St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-05-16
WILL GO TO THE JURY,
Judge Smith Denies the Mo-
ton to Dismiss the
Doodle Case.
Aid. MCGOWAN Put Upon the
Stand to Tell His
Story.
Almost a Tragedy in a Fash
ionable Minneapolis
Flat.
Emma Schmidt Valves EX-
animation and Is Held
Without Bail.

Aldermen, lawyers and private citi-
Zens filled Judge Smiths court room all
day Yesterday. The persons grouped
around the counsel table were the same
who appeared on the opening day.
Frank Nye chewed cigar most OF the
time and John 7. MCGOWAN chewed
gum. G. II. Benton sat with his should
ers on level with the back OF his
chair and tried to freeze the witnesses
MCGOWAN, ever and anon, whenever a
witness would say something that re-
flected upon him, drew his face up into
a smile, but there was little heart in it.
He tried to look uncOncerned but failed.
During the morning session yesterday,
the cross examination Of Arthur j.
Elliott was under way. Emerson Cole
then was put upon the stand to tell his
little story, and he told it. The next
witness was important. as he was de-
pended upon to very materially assist
in establishing the fact that, Water
street was public street. This was
Ex-Governor VIM. r. Marshall. This
point, as to whether Water street
was a public street or not. was one
of the most important raised IN
the case. If the defense could
establish as fact that Water
street was not public street, it would,
of course, 90 long way in the motion
to dismiss. The attorneys for the de-
Tense did all in their power aud made
objection after objection to keep out
certain public records sought to be in
troduced by County Attorney Jamison,
but they failed at every turn. All of
that evidence was got in, and stands.
IN THE MORNING.
The cross examination of Arthur j.
Elliott was continued by Mr.. Benton
after the court convened. Mr.. Elliott
said that when he had the talk with
MCGOWAN on Dec. 5 the two stood for
fifteen OF twenty minutes in the hall
way near window on the Nicollet side
of the city hall building. On the 10Th
with MCGOWAN in the city hall. This
noon. In answer to Mr.. Benton's Ques-
tons, Mr.. Elliott admitted that he
might be mistaken about the number of
interviews which took place in the city
hall building. He thought that when
he had the talks with MCGOWAN that
his petition was in the hands of
the committee on roads and bridges of
the council. Up to the 10Th of Janu-
airy the resolution bad only been signed
by three out OF five of the committee.
The report of the committee was either
in the hands of Aid. Cole, the chairman,
or Aid. BradISh. The reason he was
anxious about McGoWan's influence
was because two of the members of the
committee on roads and bridges had
stated that the First ward aldermen
opposed the vacating of Water street,
and they had said that they would not
sign the report until the First ward aid
ermen had Withdrawn THAR opposition.
When Elliott offered MCGOWAN $500 not
to oppose the measure, MCGOWAN had
said ''all right" Before the resolution
was presented to the council Elliott had
seen it in the office of the city engineer.
1t had been in the possession Of
the chairman of the committee. Emer-
son Cole. The petition presented to
the council asked for the vacation of
the entire street between Ninth and
Tenth avenues northeast. When Nc
Gowan and Elliott first had talk about
the vacation of the street, Mr.. Elliott
was under the impression that they
OILY talked about vacating the south
west half of the street. When the pc
titiOn was first presented to the council
Aid. Cole and Parry had suggested that
only half of the street be vacated, and
Mr.. Elliott had agreed to it. After Nc
Gowan had demanded that the 5000,
which was to be paid for his influence,
should be paid in advance, Elliott did
not think he had talked to Aid. w. B.
Woodward about it. and informed him
that he could not do anything with
either Brueshaber or MCGOWAN. He
had never told Woodward that if he
could get McGoWan and Blueshaber to
support the measure he did not care if
he (WoodWard) did have to use little
money. All that Mr.. Elliott had done
in regard to the matter had been done
as a member of the firm of Shaw
g. Elliott On redirect examination
Mr.. Elliott said he had circulated the
petition on Nov. 20. and that he had
handed it to Emerson Cole. After Mr..
Cole had read it he suggested that it
woul1 be an easy matter to have one
half of the street vacated, while it
would be likely to meet with opposition
if it included the vacation of the entire
street. When he had talked with Nc
Gowan he had never asked for the EN-
tire street, but had accepted Mr.. Coles
suggestion, and only asked for the half
of the staeet adjacent to their mill. All
the interviews he had with MCGOWAN
were after the petition had been handed
to Aid. Cole.
County Attorney Jamison called Mr..
Shaw, the partner of Elliot, but he did
not respond. Then Emerson Cole was
sworn. He testified that he wsg men,
Der of the city council, and was mem
Der and chairman of the committee on
roads and bridges. He identified the
petition of Shaw & Elliott as the one
handed to him by A. J. Elliott, and
also the report of the committee.
Mr.. Cole said that at the
the first meeting of the
committee on roads and bridges after
the petition had been handed to the
council, the committee unanimously
agreed to recommend the vacation of
one-half of Water street. Mr.. Hnntress,
of the city engineers Office, drew UP
the report and the resolution which ac-
companled it. He, together with Aid.
Parry and Lowell, had signed the re-
port, but Aid. Woodward and Bradish
did not sign 1t at that time, but on the
18th of January all the committee
signed. He had a talk with MCGOWAN
and asked him why he opposed the re-
port of the committee. MCGOWAN SAID
that he was in favor of giving Shaw
Elliott what they needed, but ne was
opposed to giving them the whole
street. He was informed that the reso
luton only called for one-halt of the
street. In the council meeting of Jan
II the committee report was presented
and MCGOWAN moved to have it referred
back to the committee, with the alder
man of the First ward added. Thel
Mr.. Cole inslnuated that it was 8
matter of dollars and cents
to two of the aldermen o
the First ward After the
council meeting he had talk with Nc
Gowan, and told him that he knew al
about his opposition and that the tim,
had arrived when Shaw & Elliott want
ed to know just what he was going t.
do. MCGOWAN said that he was willin!
to give them what they needed, bu
would not say what that was. After
little talk, Aid. Cole suggested tina
street in front of three lots on whicl
Shaw & Elliott'S mill was located shout,
be vacated To this MCGOWAN agreed
! In his cross examination, Mr.. Cole sail
that MCGOWAN had always claimed tina
he was willing to give Shaw & Elliot
what they needed.
Ex-Gov. William r. Marshall wa
called and testified that he surveye,
and plated Bottineau's addition il
1s49 for Pierre Bottineau, and he lait
out Water street as one of the streets O