St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-08-29
ATTORNEY HAY HOT.
The United States Attorney
Develops Calorie in
the Collar.
Judge Shaw's Attempt to In
Stpuct Him Does Not
Set Well.
Deputy Shehan Arrests Mason
and Habeas Corpus Pro-
ceedings Follow.
The Case to be Heard by
Judge Nelson Monday
Morning.

1t was the same old song in Mime
apolis yesterday at the examination of
the census enumeratOrs before Commits
sioner OdeIl. Nothing WAS done by the
governments attorney but to ask for a
continuance, and about the same form
altles were gone through with yesterday
as tie day before. The court convened
prompt at 10o'clock yesterday forenoon,
and after little legal conflab amongst
the attorneys the matter was again con-
tinued until the afternoon at 2:30 in
order that Witness Mason might be
produced. Another warrant was issued
by Commissioner OdeIl and Marshal
Sheehan dispatched to st. Paul.
At 2:30 p m. the court was called to
order, with District Attorney Hay ap-
pearing on behalf of the government,
and the defendants attorneys in their
chairs. Attorney Hay rose and asked
the court for continuance for about
two weeks, and upon his personal mo-
ton. And then began brief, but eX-
ceedingly spirited, discussion upon an
other continuance.
Commissioner Odell- Any longer cen-
tinuanceS have been refused once by
me, and | can see no reason why l
should waver from my decision.
Mr.. Hay-The reason IS that the gov
ernment is not ready to proceed.
Commissioner Odell--I recognize the
position of counsel. and yet have it on
good authority that Mr.. Baxter was
ready to proceed. In fact, MI. Baxter
himself told me so.
Mr.. Hay-And he told me that he was
not ready.
Judge Shaw-He said that he was
ready, but that he had to use so much
time prosecuting other Minneapolis
people that he could not attend to this.
If the government has so much business
that it cannot take care of this case, it
had better hire some more men. -
Mr.. Hay-I simply formally move for
a continuance, and that for ten days.
Commissioner Odell-The motion is
denied.
Mr.. Hay-Then 1 ask leave of this
court to withdraw the complaints.
Commissioner Odell-Why. that you
cannot do, Mr.. Hay, no more than | can
dismiss the action in proceedings Of this
character.
At this juneture Attorney Hays face
began to assume crimson hue. and the
muscles of his face contracted. as he eX-
citedly announced that he at least had
the privilege of leaving the court room.
Then Judge Shaw arose, and, with all
the sarcasm peculiar TO him, said that
if Mr.. Hay would be kind enough to
wait fifteen minutes. he would en-
deavor to enlighten him on the judicial
reasoning Of the commissioners de-
cision.
Mr.. Hay (highly Indignantly thank
you very much, sir, but l will seek
counsel from wiser heads than yours.
This caused perfect uproar from
! the seething crowd. After the disturb
ance had been QueIled by Marshal Shee,
| han, Mr. Hart arose and announced that
F what the defense wanted to know was
what had been done with the writ if a
return had been made on the attach
ment. - 's
Marshal Sheehan-I served the
attachment at II O'Clock, and
about ten minutes afterWard
Dan Lawler, I think it was, of st.
Paul, served upon me writ of habeas
corpus to app ear before Judge Nelson
and he set the hearing for Monday.
Judge ShaW-Then he is now at large?
The court was finally adjourned until
10 a. m, to-day, when another adjourn
ment will probably be taken until Mon.
| day.