St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-07-24
MOVED TO DISMISS.
Judge Shaw Claims That
Hegeman Is Held on an In
sufficient Complaint.
Continuance Of the Census
Hearing Continued Until
This Afternoon.
Hard Luck Is Again on the
Educational Endowment
Associations Trail.
How the Minneapolis Repub-
lieans Feel To-Day on the
Gubernatorial Matter.

GubepnatOpial Matter.
The examination of Census Enumer-
ator Louis Hegman was commenced
yesterday before United States Com
missioner Morey of Winona. in the post
office building in Minneapolis. Dis
trict Attorney Hay. Special Counsel
Baxter and Assistant Attorney Cen
eral Cotton appeared for the govern
ment, and Judge Shaw and M. P. Brew
er represented the defense. 1t was evil
dent that the defense realized the Sc
riOus nature of the case and proposed
TO contest every inch of the ground. AS
soon as the several gentlemen inter
ested in the case had taken seats Judge
Shaw exclaimed: "Your honor: L have
motion to make. but before / do that
/ have suggestion to make. This cen
SuS trouble has caused great deal of
excitement and feeling, but l do not
wish that to enter into this hearing. [
ask that it shall be simply a hearing
under the law. appear here with my
assistant simply as the attorney for this
defendant. desire, so far as l am con-
cerned, to conduct this examination
solely from the standpoint of whether
there is sufficient evidence to warrant
holding this defendant to the grand
jury. My motive is to quaSh this war
rant of arrest Oh the ground of its in
validity and the insnfticiency of the
complaint on which it is issued" After
reading the warrant Judge Shaw con-
tinued: The question as to whether
the language of the warrant states an
offense is not the one wish to present."
he continued, "but the complaint is not
sufficient to warrant It's issuance for the
arrest of anybody, and it will be noted
before | am through that my objections
are based on constitutional grounds"
formation and BELIEF was
not sufficient ground upon
which 70 issue warrant. He then read
as his first authority the case of the
United States against Aaron Burr, COW
ering the complaint against Burr,
charging him with certain reasonable
proceedings. "on the belief OF the de-
ponent." The complaint was based on
story told to the deponent by a person
not under oath, which the deponent be-
lieved to be true. The constitution
maintained the rights of persons in
their houses and persons from unreaSon-
able seizure and arrest, the purpOrt OF
which would warrant proceedings, eX-
cept on the direct oath of some person.
The ruling in another case read was
that the evidence should be submitted
to the magistrate as well as to the per-
son making the complaint, that he
might judge for himself Of the case.
In his argument he said: at will be
seen here. your honor, the court first
nj atac rho no loy ic nd
frames a rule for the guidance of it's Of
ficers," said Judge Shaw, and then he
cited another case of later origin,
holding that the mere belief of the af-
faint was not sufficient. A warrant for
arrest must be made on the statement
of the persons who depose to the mat
tiers charged from their personal knowl
edge. The affidavit of the deponent
merely stated his belief in the matters
charged, without giving any reason why
he believed them.
Then Judge Shaw took up the argu-
ment proper. He had failed to find any
opposite ruling on this point, and he
believed the rulings read to be the eS-
tablished law.
This complaint is made by George
N. Baxter, assistant United States dis
trict attorney. We have here parallel
case to those read-a government official
believes certain things to be true, and
goes before commissioner and secures
the issuance of warrant without be-
lief"
Assistant District Attorney Baxter
took the floor and argued that the mo-
ton should be denied. The citations
made did notapply, with one exception.
| The Burr case seemed to rule against
the prosecution in this case, but there
was no evidence that the opinion of
| that Judge could govern in this case.
| He had learned by tradition that Judge
| Nelson had decided that a government
attorney could make complaint on
his belief, and that it was sufficient
to secure the issuance of warrant.
The rule of the local circuit court
must be followed. The supervisor of
the census was acquainted with every
fact charged in the complaint, but Mr.. Da-
venport could not be compelled to make
the complaint. He was applied to for
the purpose, but for reason stated,
declined to do so. Then the alternative
was for the district attorney to do so.
! liminary hearing could never be had. He
recognized the authorities cited by
Judge Shaw as of the highest, but it
was evident that the constitutional pro-
vision was to protect CITIZEN from be-
| ing harrassed, perhaps, by an unfriendly
neighbor. He was followed by Mr..
Hay, who declared that the only thing
| binding on the commissioner was the
rule in force on the circuit in which the
case arose The rule had been for sew
| eral years in this district to issue war
rants on complaint of the district attor-
ney on his belief and information.
Judge Shaw declared that the prac
| tice of arreSting men on warrants based
| upon information and belief was illegal.
1.-The reason why the complaints made
have been allowed to stand in this cir
cult is because they have never been
challenged" continued Judge Shaw,
with emphasis. 1.-The judges do not
| They pass on them when some one else
| raises them. When attorneys come III
| here and make an argument such as we
| have heard, in reply to authorities like
| these, it seems to me passing
strange. 1 never heard such an
| argument before. Mr.. Baxter says
| that it is not always convenient
for an ordinary person to make these
| complaints, and for that reason the dis
tricI attorney should be permitted to
ordinary PERSONS your honor. Is the
district attorney such an extraordinary
individual, then? If they think it is
their business to make complaints, they
| mistake their vocation. Mr.. Baxter
says if the person having personal
knowledge is to make the complaint,
that would prevent complaints from be-
| ing made in cases of circumstantial evil
| dence. In such cases the district attor-
ney would have as much knowledge of
the conditions as any other person, and
| could make the complaint as well as
any other person, but in this case: or
anv case, where some one knew the fact
| alleged from personal knowledge, it was
the law that they should make COM
plants"
Judge Shaw's argument took up the
entire morning, and recess was taken
until 2 p. M, when Commissioner
| Mnre,z renueSted the attnrneuS to dis