St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-07-29
In the Execution Of William
Rose, the Redwood Coun-
ty Murderer.
The Murder Was Committed
in 1888, the Victim Being
Moses Lufkin.
Batch Of Other Important De-
eisions Filed by the Ap-
pellate Court.

Justify the verdict, and nothing re-
mains but for the governor to fix the
time of Roses execution. William Rose
was tried in the district court of Red
wood county, convicted of murder and
sentenced to be hanged. The time of
the sentence has expired, pending the
case before the supreme court, and
new time must be set. The case was APP
pealed on the ground that the evidence
developed was not sufficient to justify
the verdict The court holds, however,
that the verdict is fully justified. The
objections are not sustained by the
higher court, and the court considers
that no substantial errors were made by
the lower court to Justify the interfer-
ence of the supreme court.
The Rose case has become one of the
most famous in Minnesota criminal an
mails. On the evening of Aug. %, 1883,
Moses Lufkin, resident of Gales, in
Redwood county, was visiting at the
house of his nephew, a man named
Slower. AbOutS o'clock, as he was seated
on lounge, a shot was fired through an
open window near him, which, burying
itself in his shoulder and passing through
vital organs, caused his death. Slower
sprang from his chair at the shot, and
running out of doors saw a man whom
he identified as William Rose. The issue
of guilt has been involved in the ques-
ton as to whether Rose was there at the
time of the shooting. He lived fifteen
miles away, and in his attempt to prove
an alibi said that Oh the evening in
question he had gone to his uncle's to
take him box of cartridges. He was
seen riding a pony on the afternoon
previous to the shooting. though some
Of tine witnesses claimed merely TO have
seen a man dressed like Rose, and re-
sembling him; not, however, positively
identifying the rider as William Rose.
There is no doubt in the courts mind
as to his guilt. There had been bitter
enmity between~Rose and Lufkin for
years over law suit. The lower courts
refused to admit evidence showing Luf-
kin'S bad character. The supreme
court holds that the district court was
not in error in excluding such evidence.
The supreme court decree will settle a
case of more than usual interest. NJ.
NJ. Madigan, county attorney of Red
wood county, was assisted by Assistant
Attorney General ChildS in the prose-
cutOn. Roses lawyers were Yelling
ton 81 Erwin and Judge Brown, of
Tracy. The syllabus of the court reads:
When in a criminal action, all the particu-
lar facts and circumstances relied on by the
state to connect The accused with the per
petration of the OtfenSe charged, are sup
ported by evidence proper for the cOnsdera-
alton OF the jury the value and importance
of which depends npon the credibilily of the
witnesses the case is necessarily one for the
iurv Under the statutes of the state it is not
Improper for the court in its charge to re-
view and aEalyze the evidence. 1t is not
error for the court to state to the jury that
certain evidence is wanted or that it tends
to prove certain fact or 10 comment upon
the testimony when it is done fairly and the
iurv are fully advised of their duty and re-
spOnsibilily in the premises. Where, upon
an indictment for murder evidence of threats
and the exhibition of malice by the accused
against the deceased is introduced on behalf
of the state the defendant may contradict
or explain such evidence. but may not in
extenuation or qualificauonfOrt the intrOduc
ton of independent evidence of instances Of
personal immortality on his part OF the
deceased or his general bad character.
Pointers to Debtors.
The Hastings Mailing Company, respond
emit VS.. H. H. Heller. appellant. Judg-
ment reversed NANDERBURGH, j.
Where debtor knows that he is id
solvent, and gives security to one cred
itOr to the full amount of his debt, and
Is unable to secure others. the infer
ence arises that he intended TO create
an unlawful preference in favor of the
creditor so secured. Evidence held
sufficient to show indisputably that the
agents of the plaintiff corporation had
notice sufficient to put them upon in
Quiry when they took the mortgage in
controversy here that the mOrtgagOr
was in fact insolvent.
Railroad Mortgage Bonds,
Asa Guilford, appellant vs. The Minneapolis,
Sic. St. Marie Il Atlantic Railroad Company
Ell al, respondents. judgment affirmed:
VANDEEBURGH j.
When series of railway mortgage
bonds secured by trust deed covering
the road property and franchises OF
railway company is issued, and refer
ence is made to such trust deed on the
face of the bonds, holders of such bonds
and the coupons attached to the same
are put upon inquiry by the recitalS in
the bonds and charged with notice of
the terms of such trust deed, and are
bound by the conditions therein.
Each bondhoder is brought into con-
tract relation with his eO-bondhOlGers,
and his absolute rights in respect to the
procedure for the collection of the prin-
cipal or interest are limited by
the provision Of the trust and
the peculiar nature of the security.
where by the terms OF trust deed it
was expressly agreed that all bonds
should be taken and held by the pur-
chaSers, subject to the condition that no
proceedings at law or in equity should
be had to enforce the collection thereof,
except after requisitlon should have
been made to the trustee in manner and
form as provided in such trust deed and
will after his refusal or unreasonable
neglect to proceed as thereby required;
held, that such provision was valid and
binding upon all the bondholderS and
compliance Herewith a condition prece-
dent to an action at law by bond
holder to recover upon a coupon at
tached to one of the bonds.
Homestead Rights.
The ST. Paul & Sioux Railway Company, ap-
hat1 nd or oil