St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-09-16

raIgnment of the census enumeratOrs
seemed to have been heralded through
out the city almost instantaneOusly, for
the matter had scarcely come up before
a legion of typical lnquisitives came
fiocking into the court room. Frank 4.
Davis came first and F. B. Hart and
Judge j. NJ. Shaw came i'll shortly
afterward.
The court was called to order, and the
tall, dignified George N. Baxter arose
and addressed the court, after first sub
hitting the indictment against the four
persons named.
MAY it please the court" said the
special attorney" 1.-THE government would
like to make motion for continuance
in these census cases to the March term
OF the Duluth term of the United States
court which sits in October, and that
the 25th of October may be set for the
trial. l would wish, also, that the four
defendants may be arraigned before
your honor this aftenkoOn."
Mr.. Davis appealed to the court If
that would give the defendants reason
able time in which to demur. And then
began a long argument upon the reason
of Mr.. BaXter'S motion. Mr.. Davis
asked that some other date be set. as,
the district court being in session here
at that time, the setting of the case in
October would greatly Inconvenience
the defendants attorneys. Mr.. Hart
then asked the court and Mr.. Baxter
if the March term of the United States
court in session here would not be
satisfactory time for the hearing of the
census cases. The reason for the mo-
ton for continuance, and MI. Baxter's
request in this motion, perhaps came
out as the latter replied that he had in
structiOnS from Washington to the effect
that ii continuance wee made that the
trial should not take place in Mime.
apolis.
Il would suggest" said Attorney
Baxter, ''that the defendants be ar
raigned to-day. Then if they have any
demurrer to interpose they will have
sufficient time in which to prepare it
between now and Wednesday,"
Judge Shaw-Do | understand that
the government can have matters of
this character come up at any term of
the United States courts held at various
times throughout the State?o
Judge NelSon-I understand that to
be the law, in this state. at least. A re-
cent act OF congress provides that re-
strictiOn as to the trial of cases of this
character cannot be made, and that the
setting Of such case for trial before
any particular term and place of this
COuIt Ill OppOSltlOil " GHo WiSuto VI Guc
governments attorney is not possible.
''Well,1 presume ii that is the law any
argument would be useless, but | can
safely say, may it please the court, that
if the governments attorney presents
this indictment the defendants attorney
will most. certainly interpose de-
murrer," answered Judge Shaw.
Judge Nelson-I cannot see how the
18th of October would he a sufficient
time, Mr.. Baxter, in which to prepare
demurrer, and have the case come up
for trial in that event at the October
term of the Duluth session. If the de-
PENDANTS are arraigned now and they
enter plea of not guilty, I will give
them the privilege of changing their
plea to a demurrer and the argument of
the demurrer can take place at the Du-
luth term.
Finally the attorneys on both sides
agreed that the arraignment take place
Thursday morning at 10 o'clock.
Detective Mason was on hand as
usual, and within earshot of George n.
Baxter.