St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-05-16

familiar with Bottlneau's addition for a
good MANY years, and that to the best
Of his knowledge and belief Water
street had always been open to the
public. With his testimony the case OF
the state closed and recess OF i've
minutes was taken.
OPENING THE DEFENSE.
At precisely $3.50 the bailitf raped for
order and r. l.. Penny arose to present
the case for the defense.
you have" said MI. Penny, "heard
the motion to dismiss. For myself, and
l think, for my client, / can say that L
am glad that motion was dismissed.
| Now we are able to go before you and
| the public and prove that John l. Nc
| Gowan Is innocent. Idesire to say one
| word about the opening address of the
| prosecution. That was carefully pre-
| pared, eloquent address, but it was mis-
| leading Mr.. Nye said that my client
| is ch arged with one OF the greatest OF
crimes. We admit it. We knew it be-
fore we met MIR. Elliott. We know that
it would, if proven. send MIR. McGowan
| to the penitentiary for a number OF
years. We know that we can prove his
Innocence. MIR. Nye got up here before
you and introduced statements
which no evidence could be brought
|
the sole purpose of getting those mis-
furnishes the key to the whole case,
| since it shows you that the prosecution
cannot sustain with evidence what they
have told yOu.'
| Mr.. Penny then reviewed the whole
history of the petition which Shaw. q
| Elliott had presented to the council for
| the vacation of Water street and dilated
upon the fact that MCGOWAN had
| opposed the vacation of the street be-
| cause Shaw IL Elliott wanted the whole
| street from Ninth to Tenth avenues
northeast and because MCGOWAN, hav-
ing political aspirations, could not
afford to draw upon himself public CEN
sure OF giving away the city's property.
But Mr.. McGOWan." continued MIR.
| Penny, "dd all he could to obtain for
Shaw u Elliott the right to use part OF
that street without its being vacated.
not be done. And yet Mr.. Elliott said
MCGOWAN would do nothing for
him. Then MIR. Elliott said: Now,
here, you help me out on this
and will, not to buy you or anything
of that sort. butas present, give you
$780, But Mr. MCGOWAN said No, 1
don't want your money. I'll give you
what land you need but no more We
will show that Mr.. Elliott came after
ward and offered Mr.. MCGOWAN $500 for
his support and that 1t was Indignantly
refused. And then MI. MCGOWAN went
into the city Council and opposed that
measure to vacate Water street. Is
that the action of man who has just
made a corrupt bargain which would
send him to the penitentiary? submit
that it is not.
Now the opposing counsel, in his
Elliot went out to consult his friends.
Did he go to his old partner, Shaw, a
man of experience and ability? No.
He went and told his story TO Aldermen
Cole and Woodward and Bradish
and the counsel tells you that Wood
ward and Bradish Immediately signed
the report favoring Eiliott's original
measure. Do you suppose that,
after he had exhausted every means in
his power, with financial ruin staring
him in the face, Mir. Elliott would
hesitate to go to these aldermen,
Woodward and BradiSh, and tell them
this story! 1t does not look reason
able"
Mr.. Penny then went into little
| psychological analysis tending to prove
that Elliott, after telling this story to
the aldermen, would, naturally, go be-
fore the grand jury and into court, and
on his oath, even though speaking
falsely, make good the story which he
had just told.
There was buzz of expectation in
the court room at this juncture, and the
first witness for the defense was called.
alderman Woodward" called Mr..
Penny, and the trim little representa-
| tive of the Twelfth ward took the stand.
''Do you remember committee meet
ing on January 10th,''' asked Mr. Benton.
Eyes, sir.''
'.Dld MI. Elliott come to you that
day?' @f45ii
Yes, he came and asked me IL j
could help him on the Water street mat
ter, and | said could not"
Mr.. Jamison then took the witness
and bothered him little. Mr.. Wood
ward said that he was not on friendly
terms with Mr.. Elliott, but admitted
| that Elliott had asked him to 60 out and
Elliott to furnish the cash. Then Mr..
Jamison took up what Woodward had
said before the grand jury, and after a
| good deal of questioning elected the
| fact that Woodward would not swear
that he had told everything to the grand
!
jury.
you talked with him or Brueshaber
| since this indictment was found?'
''Yes, in the council chamber"
"NOw tell me what Elliott said when
he came to see you at the council cham
ber."
"He said, Woodward, 1 believe you
can help me in this matter and ! wish
you would | said l didn't think l
| could"
Woodward told what occurred in the
| council chamber with bad grace. He
became badly ratified on the stand, and
will undoubtedly be called again by the
| prosecution.
M'GowAN's TESTIMONY.
John L. McGcwan was called, took
| the stand and testified thus:
| you have heard the testimony of
Mr.. Ellott?' asked Benton.
eyes, sir"
"Did you make any agreement to re-
ceive money from Elliott for certain
work?"
mo, sir"
"Did you ever agree that you would
work for the measure in consideration
of promise of mOneyr'
mo, SIR"
| did you ever receive anything IN
connection with this matter?'
mo, sir.'
"Can you tell when Elliott first came
to you?"
Eyes. 1t was some time about the
first of January at the city hall The
meeting on Main street was after the
meeting at the city hall, between the
9th and 10th of January"
"What did you tell him when he
asked you to support the measured"
81 told him that 1 had told Mr.. Shaw
that | would agree to let them build
their mill out into the street and he
said that was satisfactory"
What did you tell him the neXt
time?' 4
/ told him about the same thing, and
that l thought the city council could do
what / had told him first about part of
the street. afterward saw the city at
torney, and when he said the city coun-
Gil could not do it, told him we would
have to give them enough of the street
to enlarge their mill upon"
"Were there any other interviews
when Elliott offered money!" I