St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-05-04
The PERJURY CASES.
That of Dix the First One to
Be Heard Before Judge -
Burr.
A Great Array Of Legal Tai
ent Engaged on Both
Sides
& =
Money Paid Dix to Make the
DISTINGUISHING Aft =
davit. s.
Judge Burr Takes the Case
Under Care Until
eMonday.e

Judge Burr presided yesterday al
the preliminary trial of Charles Ottt
Dix, one of the men who made affidavit
of false registration in the Third pre-
cinct of the Fourth ward, whereby 25(
electors were sought to be deprived Of
the right of suffrage. County Attorney
Egan, assisted by John w. Willis ant
Thomas ID. O'Brien. conducted the pros
ecution. George Walsh appeared fol
Dix, who refused the services of Messrs
Henry Johns and II. l.. Williams, coun
sci for the other prisoners accused OF
perjury. When arguments were
reached, however, Messrs. Johns, Will
Jams and Zollman were permitted tC
speak upon points of law. The court
room was crowded with spectators
among the number being many attor
news. The first witness was Jasper
Harris, colored, who testified thai
his name was included in the list
upon which the affidavitS of illegal reg
iStration were made by KingSbury and
Dix. He said he had lived in the city
since 1875, and had voted in the pre-.
cinct III question when it was i'll the old
Second ward. He had resided at his
present number. I351 Rosabele street,
for twelve months, and had registered
in the Third district of the Fourth
ward. The first he knew of his name
being stricken from the lists was When
he picked up apaper and saw it therein
He had gone to one of the clerks and
protested. and had also consulted q
couple of lawyers.
City Clerk Thomas A. Prendergast was
sworn. and submitted the poll lists OF
the third precinct of the Fourth ward
and the afiidayits of KingSbury and Dix
The name OF Harris was still upon the
list. and Attorney Walsh at once moved
for a dismissal of the case. on the
ground that the name was there con
trary to the allegations in the complaint
County Attorney Egan objected, stat
ihg il was not the result of false aft
davit at stake, but the crime of making
a false affidavit
Judge Burr examined the complaint
proceedings being suspended during his
scrutiny. He announced that he un
derstood the point raised by Attorney
Walsh was to be made in the other cases
and he would take helnotion under ad
yIspment and proceed with the hearing
Frank NJ. Reed, the notary before
whom the affidavit was attested was in
troduced by the state. He stated that
Dix swore to the affidavit the oath tina
he took being that he had read it. He
had not stated to Dix before he signeC
that 1t would be all right. The affidavit
was made III the Office Of Henry Johns
The affidavit was offered in evidence
which was objected 10 by the defend
ants attorney unless accompanied bJ
the poll list. Mr.. Egan said, 1--WE make
no objections; let the whole thing go IL
poll list and affidavit" Accordingly
the whole was received.
Henry J. Stro use. one OF the judge:
of election in the third precinct of the
Fourth ward. testified to the. presenta
ton of the affidavit by Henry Johns OF
the afternoon of Tuesday last, with the
demand that all the names contained
therein be stricken from the poll lists,
The names were not upon this affidavit,
but upon another.
The state announced that it rested,
and the defense moved to dismiss on
the ground that the state had not made
out case. The court announced that
the matter would be taken under adj
visement, and in the meantime the de-
Tense would be heard.
,'The defense is this said Mr..
Walsh. ''that Mr.. Dix never knew any
thing about the contents of this affida-
Wit. and that lie signed it on the recon-
mendation of the notary public and
Others"
Dix was placed upon the stand. He
stated that on April 20 man whom he
did not know, but since believed to be
named Flynn. came to him and asked
him if he was voter in that precinct
and if he had a partner who was
voter. In a few minutes Mr.. Kings
bury stopped into the Allen barn. Wit
ness told KingsbHry "a gent@man
wanted two voters in the precinct
to go over to Johns office and thai
there would be S. apiece III it. He went
to Johns Office, and he (JOhns) asked il
thought men were entitled to vote il
they were not found at the residences
given or nobody knew where they
lived. | said no. He said, Take my
word as a lawyer, not as a politician
there is no harm in it. and
we Will give you no trouble" So wit
ness signed his name. The notary had
not asked him if he had read the aft
davit. and he would not have signeG
had he known 1t was going to dlSfran
chise people. He had not received
the So.
Albert L. KingSbury was called, ane
corroborated the testimony of Dix.
q AS the witness left the stand. Henry
Johns arose with the remark that h,
had some testimony which would be o
interest to the defense, and he offered
to give it. He was sworn, stating tha
men were employed to look up and re
port upon names placed upon thu
poll lists. Upon these reports aft
dayits were prepared. the frs
one referred to. Then an affidavit wa
sworn to by MeSsr5. st. John and Lott
who were afterward election Judge anC
clerk, respectively Of the third precinc
of the Fourth ward Mr.. Lott claimed
claimed he Inexperienced the affida
witt. and Mr.. st. Johns hat
some delicacy in acting upol
it and it was necessar!
to have another affidavit. The witnes!
told Charles Flynn he wanted two cleo
tors of the precinct. and he went out tt
secure them, returning with Dix ant
Kingsbury. Il told the men what de
sired, and advised Them carefully, 81
that they relied. if they relied a
that they might properly make thu
dinudPlls 1uCoC llIO4i eSbCNt NtellOuL any
intent of doing anything wrong, and
told them, not as politician but as {
lawyer. advising them to make thu
affidavit" The men who were present
were Messrs. Tanner, Smith. MCINTYRE
and Ravord. Flynn was paid S. for hi.
services, but was not authorized to offel
pay to any one.
Here the defense rested. Arguments
as to the intent were made by MesSrs
Egan. Willis, O'Brien, Johns. William.
and Zollman, and also points of law in
volved.
The court adjourned until O'Clock
Monday morning, to consider in the
meantime the authorities brought Il