St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-12-15
BOWEN IS WANTED.
Arrest at Hastings OF Man Who
Got Money Under False
Pretenses.
The Case OF Catherine Stoehr in
the Hands of Jury-Rou-
tine OF Courts.


man is in jail at Hastings on the charge
of violating the state law by securing
money under false pretenseS. He was
arrested yesterday at Red Wing. the
offense charged by the federal govern
ment grows out of the same alleged Of
Tense, but the marshal will not serve
his warrant until the state gets through
with Bowen. 1t is said that Bowen had
cards on his person and which be pre-
s9nted to several persons, representing
himself to be United States marshal,
with a residence at Washington. ID. G.
The line of action pursued by Bowen is
claimed to be that he went to number
of houses of prostitution in Minneapolis
and collected license taxes. 1t is also
claimed that he went to a druggist
named Frank w. Finch and collected
$3.50 on the representation that he was
authorized to collect the federal special
tax.
The West side flood case of Catherine
Stoehr against The City of st. Paul is i'll the
hands or the jury. Several hours was put
in Yesterday without reaching verdict
Judge Kelly delivered an exhaustive and
able charge to the jury before retiring, i'll
which he laid down some interesting points
of law. Excerpta from the charge of the
$4,000 for personal injuries, sustained Aug.
. last, by flood of water which was precipi-
tated over part of the Sixth ward by the
bursting Of Page street. The important
question for the jury is, was the injury caused
by the negligence of the city! If the acct
dent, deplorabie as 1t was came from causes
be" nd the ordinary control of the city, or
i ON 'aGses for which. under the law, the city
is liable, the plaintiff cannot recover.
The ptaiutiH must prove negligence.
will n q
if the filing i'll Of Page street caused an OBJ
struction 10 a natural watercourse. Was
there a natural Watercourse there, or was it
merely a course for the flowing of surface
wGterj As to whether the surroundings
were such that the place must be considered
a natural watercourse, is question of some
difficulty. Every ravine i'll billy country,
down which melted snow or heavy rains
cause water to flow is not natural water
course But where the descent is very Steep
large volumes of surface water, may be re-
garded as a natural WatercourSe. In this
Case he jury will consider the surroundings
and the volume of water accumulated; the
conditions existing before the fill was made
by extending Page street. and the amount of
waterfall. IL the jury believes that this
was a l.atural Walerc0urse, then IL Is charged
that the city had no right to build Page street
across the Tavine without providing suitable
culyerts or drains to carry off al! the water
ordinarily expected to flow down the ravine,
and the bity should keep the drains or cul-
vertS free from obstruction, otherwise the
city will be liable to damages. If it is found
that the rayine was a natural Watercourse,
the jury will consider that the city is only eX-
peeled to provide for the carrying off of so
much water as might be expected to flow
down the raviue when the climate and gen.
eral conditions are considered. The rain
that caused the volume of water to accumu-
late above Page staeet is claimed by wit
nesses to have been of extraordinary fury.
There tell i'll tWenty-Tour hours $50 inches
of rain, which increased the volume of
water above the fill four-fold. According to
the evidence the rain storm was eXtraordi-
nary.
"If the jury finds that this was not natural
Waterc0urse. from the character of the sur
roundings, then the charge is that a verdict
must be found for the city, because the city
had the right to build across the ravine with
out caring for the surface water. i'll case the
ravine was not found to be natural water
course. II it IS found that the efforts OF the
city to remove the water were done in care
less way, and that the carelessneSs in this
regard caused the fill to burst then the city
is liable for the injury
Swift justice was meted out to William
Howard III the criminal court yesterday
morning He was put on trial before jury
on charge of robbing the store of William
COrben. located OH Wabasha street. The evil
dence was soon adduced. The counsel de-
clined to argue the case. The charge of
Judge Brill was brief The jury was out
few moments and a verdict of guilty was re-
turned. lie was then sentenced to five years
IN the penitentiary. The whole proceeding
lasted less than two hours.
Patrick Hill boy of twenty. two years was
put on trial last evening, on a charge of rob-
bling Jacob Koch, i'll front of the OLeary
packing house on Tenth street, few weeks
ago Hill was born and raised i'll this city,
but lately has resided i'll Minneapolis. that is,
he has resided there when not in the work
house or the county jail. He has been in
durance several times in the past year and
had been out of the workhouse seven days
when arrested on the present charge.
Thescase of Charles Hennig, charged with
being implicated in the murder of Adolph
Hoppe at Bass lake on July 4, was called in
Judge Brilfs court yesterday morning. The
Jurors in attendance on the court had all
Smith, who shot Hoppe. For this reason the
present PANEL was challenged. Judge Brill
then ordered the sheriff to summon fifty
jurors TO be in attendance this morning and
fifty more for the afternoon session of court.
The work of securing a jury to try Hennig
will begin today. 1t is expected that there
will be some delay i'll selecting twelve IN
biased jurors in view of the publicity given
TO the Smith trial.
THE case of John A. Mcconnell against
Ann Mooney ct al. was tried yesterday be-
fore Judge Kerr and taken under considera-
tion.
Judge Kerr is engaged i'll hearing the case
of Achille Michaud and others against Sinai
Michaud. This is the Old partnership suit.
The case of Paul Boyer against the st. Paul
City Railway Company is still pending in
Judge Egan's court.
Judge Kelly and jury are trying the case
of Daniel l.. Bell against William Fowestal
and others. brought to recover for materials
furnished in constructing the Midway sewer
system under contract of Forrestal with the
city
The personal injury suit of Alfred Larson
against the City of st. Paul was called in
Judge Kelly's court yesterday afternoon. and
after impanneling jury the case was con-
tinued.
George H. Wagner was examined in the
probate court yesterday touching his sanity,
and was discharged.