St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-05-03
THE PERJURY CASES
Develop a Very Singular Dis
position by the Sitting
Court.
Judge Burr Admits That He
Is Prejudieed in the
Case.
Tonight the Democrats Will
Have the Rallies of the
Campaign.
Last Nights Efforts at Firing
the Great Heart of the
Public.

Ut Is not fair TO bring UnlS case Ue'
fore this court, both Judges OF which are
candidates for reelection"
This is peculiar statement to come
from the mouth of man upon whom
has fallen the mantle of a judge.
Would Marshall, Story, Waite,
Wilkin. or a Gilfillan have inquired the
effect on their election of deciding case
brought up under the laws of the state
before passing upon it? An interesting
event in the history OF the Judiciary of
st. Paul took place in the municipal!
court room at 2 o'clock yesterday after
noon, when c. Otto Dix, William M.
Leyde, F. A. Leyde, John SandrofSky
and d. c. Ryan were arraigned on the
charge of perjury i'll having FALSELY
sworn to atfidavits by which number
of legal voters were sought to be dis
franchised on last Tuesday. Judge
Egan was on hand on the side of the
state to conduct the prosecution; and
Henry Johns and ii. l.. Williams, who,
by the way, declined to place his John
Hancock" to like affidavit TO be used
to diSfranchiSe a hundred or more Third
ward voters, were present to defend the
accused in behalf of the Republican
city committee. Johns inquired it the
state was ready to proceed. Judge Burr,
who had been growing perceptlbly more
and more nervous as the prospect OF do
ing ANYTHING that would offend JehnS
and the kid outfit, could stand the
pressure no longer. and finally said:
1T is not fair to bring this case before
this court. both judges OF which are eandi-
dates for reelection"
Il am ready to proceed with an impartial
i10oQ - said Jildpq Epan- "tlat is not con-
cerned either way.
This evidently struck Burr fairly be-
tween the optics, for he at once con-
fesSed that he was prejudice, saying:
There are six district judges that are not
prejudiced. Judge Cory and myself are can
didates for reelection. and no matter how
fairly we tried the cases, we would be criu-
cised''
We are ready for the trial at any time
remarked Judge Egan calmly; more eager
in fact than the defense"
The court then made the following
statement:
THAT such cases are brought just before
election would indicate that they are brought
for effect and in bad faith, and 1t is unfair
to try them until after election"
The judge evidently overlooked the
fact that his plain duty under the law is
to fairly hear and try cases made upon
complaint as they were. Peter Barry,
Jasper Harris and John Richardson,
lawful electors of the city of St. Paul,
made these complaints, as they had a
right to do under the law. Here were
men who had voluntarily attempted to
swear away their votes, and yet a judge
from the bench was unwilling to hear
what these complaints were. 1t was a
peculiar state of affairs. and Judge Egan
stated the case clearly when he said:
"The state presumes from the .affidavits
filed that the cases are bona fide, ana II there
is any bad faith the state has no knowledge
of it. ] think il is only fair that the hearing
should be continued until tomorrow morn
ing, or later. that the evidence may be
properly presented: and such step would
relieve your honor.
This increased the writings of Judge
Burr. as he looked at the agents OF the
Republican city committee and said
that he had arranged with Judge Cory
to sit Oh the criminal bench Saturday
morning, and that he thought Judge
| Cory would be as much prejudiced as
he would be. then insisting on an i'm
| mediate trial.
ut is unusual" said Attorney Egan, "to in
| sist upon an immediate trial"
you want to put the other Judge in the
same unpleasant position you have put me, v
| said Judge Burr. 1t is not fair to him"
Il am willing to allow the other judge to
| speak for himself. said Mr. Egan.
Il think 1 can safely speak for him, - re-
! torted Burr. II know him to be all honor
| able man.
whoever is here at 9 O'Clock tomorrow
| morning, the state will be ready said Judge
| Egan-
Henry johns mouth went off at this
iuncture, after he had noticed the mood
| of the judge, and with resignation as
delightful as it was novel, Judge Burr
| said:
You Will compel me to be here to-morro "
morning then or place me in false position.
| The court is ready to proceed now or con
! tinue the cases to a later date"
The affair ended with the announce.
ment by Judge Burr that he would be
present at 8 o'clock this morning to
| hear the cases, and in the meantime
orde red the prisoners released without
| bail.
TO a GLOBE reporter Judge Burr
stated that he had Injured his leg and
| had intended to rest to-day, with the
| understanding that Judge Cory would
take hls place in the criminal court,
that Duunder the circumstances he
! would he present.
Under the circumstances and in view
! ofJudge Burr's remarks at the arraign-
ment Yesterday, it is altogether proper
to inquire VIII ether or not he is the
| proper man to sit in Judgm ent or
these cases a t their trial this morning
He has admitted his prejudice in them,
| and it ought to be evident to all that
another man should pass upon them.
| Perjury" said an attorney who was pres
| ent lis very serious charge and the dis
| charge of these men ut this time would de
more TO encourage similar crimes i'll future
! than anything else that could be done
| Judge Bllrrs action this afternoon is surpris
ing. No one ever heard of such thing as
! Judge annou ncing from the bench i'll cases
| like these that it was unfair to bring the
| cases on account OF an impending election
| and his actions to-day ought to insure his de
| feat. II these five men are innocent they
ought to be acquitted, but the action of the
| Judge would be received with more Conf.
deuce if the judge had said nothing but
| what was required of him. | am sure thai
| no man wants these men convicted if they
are innocent. But the election laws ought
| to be enforced, and if Judge Burr is AFRAID tc
| enforce them he ought to give way to a mai
who has nerve enough to do So"
The second chapter in these nasty
cases came out yesterday, when Dix
and KingSbury, who made the affidavitc
in Henry Johns Office on last Tuesday
evening, said that they had been prom.
iSed 50 each for making such affidavits
|
when Jasper Harris. qualified voter,
is sought to be DISTINGUISHED by such
affidayitS?
Sensational developments are prom.
ised in connection with the Sixth ward
cases to-day. If they are fairly heard
the public will learn something of inter.
est about this dlsreputaDle gang that
promises S. apiece for affidavits tt
papers that have for their object the
disfranchisement Of American citizens
Property owners of this city will re-
member that not single resident OF
this city has forfeited his property
through city redemption expiring and
passing into the hands of the tax
purchasers. during the term of the
present Treasurer, George Refs, and il
you vote for him you know that YOU
interests are taken care of.
The city hall and court house fund
received to its credit during the time