St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-08-27
Mp. Hart, in a Remarkably In
flammatory Speech in
Minneapolis,
Advocates Tar and Feathers
for Representatives Of
the Government.
tneendiary Talk Which Meets
With No Rebuke From the
Commissioner.
The Serving Of New Warrants
Almost Preeipitates a Big
Fight.

On the eleventh floor of the Guar
anty Loan building, in Minneapo-
lis, yesterday was presented sim
gular anomaly-that of lawyers who
aspire to be considered leaders of
the bar denouncing, in open court, the
United States government, and adyo-
eating the application of tar and feath-
ers to the persons of representatives of
the department of justice, one of the
three great departments of the national
government. While there may have
been provocation - and undoubtedly
was-it is not in consonance with the
dignity which should surround the
courts of the United States to have such
speeches as we're delivered yesterday
uttered in the presence of the legal
representatives of the nation sit
ting in judgment upon a case at
law. 1t is extremely doubtful If the
words of F. B. Hart, uttered during the
session of United States Commissioner
Odell's court yesterday, would have
passed in any other court in the world
without punishment for contempt being
meted out to the offender, or, at least,
rebuke being administered. Mr.. Hart
deliberately insulted the department Of
Justice of the United States, and nOman
whispered a dissenting opinion.
The matter before Commissioner
Odell was the examination of the six
census enumeratOrS arrested last week:
William Pulford, p. G. Montgomery,
H, Lewis. A. A. Frechet, A. S. Keyes,
and r. S. Pearce, all of whom sat in a
semicircle around their attorneys, F. B.
Hart, j. M. Shaw aad F. +. Davis. Just
in front of them sat E. A. Stevens, peer
ing through his spectacleS and noting
every movement of officials or attorneys.
Special Attorney Baxter. grave as a
sphinx. sat alone on his side of the ia
bic, while Deputy Marshal Daggett fit
ted hither and thither, apparently I'M
conscious of the angry glances of the
Ninneapolitans who gathered about,
glaring in hatred at him. William
Henry Eustis did not appear upon the
scene until rather late, but when he did
he made himself heard. Detective Ma
son was not there, although he had
been subp@naed to appear as witness.
About fifty persons afflicted with st.
Paulophobia were gathered In the
room.
Mr.. Baxter had with him an affidavit,
setting forth the reasons why
the hearing Sheuld be continued
until Sept. 20. These reasons were that
two important witnesses were absent.
F. B. Hart argued against 1t because a
speedy examination is guaranteed by
the constitution to all parties accused OF
crime, and because BaXter'S affidavit
had not proved that the testimony OF
the absent witnesses was material.
During Hart'S argument Odell asked
Daggett if Mason were present, and on
being answered in the negative called
"JOhn II. Mason" three times, as mat
ter of form. Judge Shaw followed
Hart, and after reading the affidavit
denied that he had eyer agreed to waive
examination for all arrested enumera-
tors, as was intimated to be the under
standing in BaXter's affidavit.
Judge Shaw, if you had it would be
of no avail, as you could not make any
agreement affecting the rights of par
ties arrested subsequent to any given
time" said Commissioner Odell.
Beginning of the Squabble.
Mr.. Baxter replied that the statement
regarding any alleged understanding
carried little weight. Commissioner
Odell said that BaXter's affidavit should
set forth the value of the testimony of
the absent witnesses, which should be
done, that the court might pass upon
its value.
"But" said Mr.. Baxter. "the COM
missioner shas inadvertently, perhaps,
opened the way for continuance of the
hearing by reading here subpoena of
a witness who is admitted to be i'm
portant sand who is not here [meaning
MaSon1 But do not ask the contlnu
ance on that ground. The grand jury
will meet here one week from to-day.
At least ten days will be consumed in
putting the evidence against the pris-
Oners now here before this court. The
governments attorney will have to pre-
sent precisely similar cases to the grand
Jury at the same time. He cannot do
both. Moreover, if this examination is
proceeded with, these cases cannot
come befoae the grand jury at this term
through lack of time"
"ThiS hearing is to determine," said
F. F. Davis, ito ascertain if the grand
jury has any business with these boys
at all. If Witness Mason cannot be
found, let one days time be given.
Then, if he can't be found, give one day
more. But this hearing should pro-
ceed and not be continued longer than
from day day."
In response to Odell's enquiry,
Deputy Marshal Daggett said that he
thought Mason could be found by to-
day, but the detectives name was
again called to satisfy the court.
II do not ask this continuance" said
Mr.. Baxter again, emphatically this
time, "because of the absence of wit
nesses alone, but on the broad ground
that person cannot be in two places at
one time-here and before the grand
jury"
Judge Shaw had something sarcastic
to say on the governments lack of coun-
on fishing trip when ne should be
here attending to business.
Odell-Thls matter will be continued
only from day to day; no longer.
BaXter-We will be no better pre-
pared tomorrow than to-day. Mason is
not the only absent witness.
ShaW-What were these arrests made
for, if the arrested men are not to get a
hearing?
Baxter-It was fully understood that
the examination would be waived.
F. B. Hart suggested that, If Mr.. BaX-
ter wanted no continuance till t0-mor-
row, the hearing be proceeded with on
the spot. Odell again veered around,
again seemed to exhibit prejudice and
declared that the examination must be
proceeded with.
''Does the court propose forcing this
natter demanded Mr.. Baxter, heat
edly, ''when the governments represen-
tative refuses to proceed?
''We will hear the evidence" replied
0dell.
II refuse to proceed with the case"
Baxter rejoined with determination.