St. Paul daily globe., 1891-01-20
A CENSUS CHESTNUT.
Uncle Sam Begins the Trial OF
the Alleged Enumeration
Frauds.
Vervais, the Union Depot
Teller, the First to Face
the Music.
Saussay, Of the Sunday Sun,
Must Answer Two Indlct-
ments.
Jay Davis Has Five Grand Jury
Counts on Which to
Plead.

The trial of Joseph o. Vervais. in
d icted for making false census enumera-
tiunS in District No. 1872 of st. Paul,
whic includes the union depot and
number of wholesale houses, was begun
in the United States circuit yesterday
afternoon. Judges Nelson, of st. Paul,
and Thomas, Of North Dakota, we're on
the bench. Special Attorney George N.
Baxter and District Attorney Hay ap-
peared for the government, and c. ID.
O'Brjen for the defense. The court
room was we'll filled with witnesses and
spectators. William ii. Eustis. OF Min
neapoliS, took a seat at the counSefS
table, listened attenti vely TO the pro-
ceedingS and made all occasional note
of points as the case progressed.
When the jurors were called Ben lay
lor, of Red Wing, said he had been an
enum orator, and as the prosecution re-
fused 10 consent to his withdrawal he
was INTERNATIONALLY challenged by Mr.
O'Brien. The other jurors were deemed
qualified when questioned by the de-
tense, Notwithstanding the fact that L.
Q. Ingberg, of Norman county, stated
that he had made returns of statistics 10
the government upon blanks furnished
by the census department. he was
challenged, however. by Mr.. Baxter.
The Jury, as finally selected, is COM
posed, ip large majority, of farmers.
Their names and residences are as fol-
lows:
John Anderson. of Zumbrota; c. E. Pratt.
Bethel; Joseph l.. Denhurt, Trosky; James
Kent Clontarf; Thomas Malyeshill. New
Tim: H. D. Mills, Elk River; II. Blanchard,
Zumbrota; A. w. MARITIME, Ditley; Samuel
Barnhard, Motley; W. l.. Lewark, Wabasha;
L. A. Blanchard Anoka; Ii. B. Orcutt, Sauk
Rapids.
The witness summoned by the govern
menf number about 40, among whom
are:
II. Anderson, j. W. Armstrong, BENJAMIN
". Bronson, Otto Bolnger,. C: X. Flood,
John f. Brockard. William J. Bell, joseph
w. Blateman, George w. TAFT Jason W.
Cooper, Samuel ". Eastman; J. E. F. Lilly,
George X. Farwell, NJ. II. Booth, Paul II.
Gotham Charles W. Gordon. Harry Howard,
Killer II. Horton. W. B. Hartenberg,
r. F. Smith, y, George G. V,eGy,ns VeTyais'
John IT. Mason, R. IT. O'Connor, Fred E.
Rice. K. W. Anderson, Theophilus Smith,
John Twohey, Albert Seheffer, b. w. Arm
strong, Charles b. Bronson, Otto Bollinger,
John e. Broderick.
The Government Opens.
The case was opened to the jury by
District Attorney Hay, who COM
menced his address by saying:
in the early days last summer there was
committedifi this city crime more danger
Gus than any that followed the crack of an
assassin's piStol" He said further, that by
seeing chat it is certain that punishment fol-
lows sthe2 commission of crime, every
man is responsible for the perpetuity
too OF the f camsor f he goyeTn SHeM
ment he declared to be its basis
let the basis. be inaccurate, and the great
fabric, founded thereon must fail. He then
proceeded TO allege The line of proof pro-
posed, and characterized the act of cVerya1s
as being an attempt at treason. He SAID that
il would be proven that VervaIs was appoint
ed TO count the people i'll portion OF the
ThirdaEapd, and that he enumerated a num-
ber of peope who did not live i'll the city
besides number who did not live in his dis
Irict. That he enumerated as living
at the union depot large number
of conductors, brakemen and switch
men who did not live there;
houses, whom Ire did not see, and who did
not live atT1e wholesale houses, as he had
made return. That the enumerations were
made from pay rolls of men employed at
the Ryan Drug company, Foot Schulze d
Co, T. It. Kelly Il Co, The Powers Dry
Goods company, Allen. Moon & Co.
Mr.. Hay said that Vervais. being an
Intelligent man. ought to have known
better than make the enumerations as
he did.a-,,-.
The Testimony Begun.
After Mr.. Hoy had concluded, Mr..
Baxter opened large bundle of docu-
ments and offered them in evidence
singly. They related to the division
and subdivision of the territory within
the state for census purposes, and the
appointment and qualification of Yer
vais and h superior officer. The form
of the schedule, aud, in fact, copies Of
all official documents necessary to show
that Vervais had been duly appointed
as an enumerat0r of District 1885, in st.
Paul. and defining its boundaries.
Judge John Twohy was called as
witness to prove that Vervais had been
sworn in as an enumerator, but was ex-
cused upon Mr.. O'Brien admitting that
his client had been duly appointed,
commissioned, qualified and acted as
an enumefator.
Mr.. Baxter then offered the portfolio
used in the VeryaiS district, but Mr.
O'Brien objected to its admission as teS-
timony. An extended discussion as to
the admissibility of the portfolio en-
sued. Mr. OBrien claimed that the
Indictment. which, by the way, is vol
luminous, QIu HOt CldTS6 lHdb v NerFdlS
had made false return. but only that
he had made false certificates and false
enumerati0ns. If the portfolio was ad
mtted it might open the way to more
than was charged in the indictment.
He wanted the admission of the port
folio restricted to such portions or
schedules as were charged in the indict-
ment.
Mr.. Baxter argued that they were en-
titled to more than that; they wanted
the returns for the whole district, and
they would later on seek to show that
other names than those mentioned in
the indictment had been falsely emu
merated.
Mr.. O'Brien argued further, that the
government had no right to go SO Tar,
but must be restricted to the names
and matters alleged in the indictment,
and that they should not be required to
defend matters of which they had no
notice; nor should they be repaired to
examine 9he portfolio and its massive
matter for the purpose of being in
formed as to their defense. The argu-
ment continued until the hour of adj
iournment, and will be resumed this
morning. when legal authoritiesw will be
read touphinp unOn the question.