St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-08-21
AN IMMORTAL SEVEN.
Minneapolis Enumerators Re-
arrested on a Charge OF
Conspiracy,
And the Whole Affair Will Be
Waived for the Grand
Jury.
The Court Refuses to Dismiss
on the Ground of lnsuf-
ficiency.
Fifty-Seven Enumerators Are
Commissioned for the st.
Paul Recount.

terday taken III charge Oh variants
charging conspiracy to pad tile
Minneapolis census returns. A
long session was held by United
States Commissioner McCafferty yes
terday morning in hearing the orig
NAL cases. 1t was expected than an
equally long and somewhat more spicy
session would be held during the after
noon, but the serving of warrants Tor
arrest of the seven enumerators during
the noon recess cut further proceedings
short, and brief consultation be-
tween the defendants and their
attorneys resulted in deter
mination to waive further hearing
and to give bail for appearance to await
the action of the United States grand
Jury, which meets in Minneapolis the
first Tuesday in September.
The affidavit OH which the warrants
for the arrest of the parties Yesterday is
based was sworn to by John h. Mason.
1t sets up that Ed A. Stevens and Thad-
deus S. Dickey meditated and devised
scheme to procure exaggerated, false
and fictitious schedules and re-
turns of the population Of Mime
apolis of the date of June l, 1890, the
time of taking the United States census.
1t also sets out that on June 10, with in
tent to carry into effect the scheme that
Ed A. Stevens, Thaddens s. Dickey.
William H. Webber. G. ii. Knapp, y.
S. Plummer. Edgar S. Jones, Louis
Hegman and James Wood. together
with divers other evil-disnosed per-
sons whose names are to afhant
unknown. they proceeded to carry out
the scheme of making false returns.
Stevens. Dickey, Aarons and Hegman
had been previously arrested Oh SINH
lar charge of conspiracy and have given
bond in the penalty of $4,000 each to APP
pear and answer any indictment found
against them. Hegman and Aarons yes
terday entered into personal recognlz-
ance to appear and answer,
ane were not required to give
an additional bond. Knapp, Plammer,
Jones, Webbrr and Wood were held In
the penalty of $500 each, the original
bond for their appearance, this after
noon at 2 o'clock, when they will each
give bond in the sum OF $1,000 to APP
near and answer any Indictment found
FOR conspiracy. 1t will then be imma-
terial whether the original cases are
dismissed, as the bond to appear I'D the
conspiracy cases will be sufficient to
cover all cases.
At 10 o'clock yesterday morning, the
hour set for taking up the cases pursu-
ant to the adjournment of June 10,
there was but little excitement in the
grand iury room of the federal build
ing. Commissioner McCafferty soon
made his appearance, and the seven
enumeratorS walked in and took seats
in the jury-box. Judge Shaw and +.
b. Hart. attorneys for the defense, with
w. H. Eustis came in soon after. Spe-
min Xavier y
Lawler and NJ. ID. Mum appeared for
the prosecution. Commissioner Nc
Cafferty called the defendants, and they
responded to their names. Deputy
Marshal Daggett then announced that
the hearing was ready to be proceeded
with and asked for quiet to
be maintained. The case of James
Woods was taken up. Judge Shaw
made a motion to quash the warrants
and dismiss the cases on the ground
that the subject matter on which they
were based was merely upon informa-
ton and belief, and not upon charge
of absolute knowledge of any one. He
then read the complaint and affidavit
the date June II. Judge Shaw
commended that the affidavit al
leges that there is good reason
to believe that an otfense had been COM
mitted, but that it was only an opiEion
based on information which afflant said
he had reason to believe He therefore
moved to ouash the warrant because it
was not based on absolute knowledge.
Judge Shaw stated that the question
had been passed upon since
the time they were there be-
fore by Commissioner Morey,
who held upon motion involving the
haf inf nh
ing an offenSe upon information and be-
lief was not sufficient.
Commissioner McCafferty stated that
he was inclined to the opinion that it
was now too late to raise the question,
as the defense had already admitted the
jurisdiction of the court to hear the
eases by making motion for a
change of venue and by allowing con-
tinuance TO be taken and giving bond to
appear at this time without ObJecting
to the sufficiency of the complaint.
Judge Shaw stated that he had under
stood from Mr.. Baxter on the preceding
day that the prosecution would take
such a position, and asked that Mr..
which lie had referred i'll the
conference held by them. The law
books were brought into the room.
Judge Shaw then proceeded to argue
his motion. He stated that he consid-
cred the question of lack of jurisdic-
ton the most important feature in the
case. IF understand the law of the
land, no man can be construed as
waving his rights under the cir
cumstances of this case" said Judge
Shaw In his further argument
he said: "a commissioner should re-
fuse to issue warrant upon such a
nfaj o.
davit. If man is unwilling to swear
that the law has been violated, but only
that he believes that such is the case,
the warrant should not be issued" He
cited cases and continued the argument
until l b. m. MIR. Baxter made
short argument. He conceded
that the warrants were void.
Judge Shaw then asked why not dismiss
the cases? Mr.. Baxter replied that the
commissioner had acquired Jurisdiction
by reason of the fact that objection was
not first raised to the sufticiency of the
warrants. The defendants had waived
such informaiity by making motion
for a change of venue and subse-
gently appearing. That was a
waiver of the insufficiency of the
warrant, and practically admitting juris-
diction, and to hold the defendants. 1t
is now too late to move to quash. Judge
Shaw resumed his argument, and paid
his respects to Commissioner MeCatfer-
tv and w. P Murray III rather sar-
castle and threatening tone. Mr.. Hart
followed with an argument. The COM
missioner decided that he would not
quash the complaints. 1t was then
about 2 o'clock, and adjournment was
had until p. m. The room was about
half filed with interested parties, re-
porters and spectators at 8 o'clock in the
afternoon. Mr.. Baxter announced that
it had been agreed to waive hearing,
and the defendants would enter into
recognizance for their appearance to
answer any indictment found against
them.
Judge Shaw said he had only learned
n few minutes before that the warrants
for conspiracy had been prepared and
served. Hegman and Aarons entered
into a personal recognizanee for their
appearance, they each being already
under 5000 bond to answer any in
slictment fer conspiracy. The other