St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-01-30
MADE UNDER DURESS.
The Confession Of the Alleged
Fire Bug Ruled Out Of
Court.
Marks MichaelS SWearS He Is
Innocent as the Unborn
Babe.
DR.. Sweeney's Resignation
From the Board of Medi-
Cal Examiners
Did Not Arise From a Differ
ence With Gov. Mer-
riam.

Ihere IS Hat contradiction In the
evidence on behalf of the state and of
the defense in the Marks Michael al
legged arson case. The verdict of the
| jury as to which side is worthy of belief
will not be forthcoming until some time
next week. The state rested its case
yesterday afternoon, and Michael was
put upon the stand in his own behalf.
Pending his cross-examination the trial
was adjourned until Monday morning.
At the opening of court yesterday
morning Judge Cornish announced that
it was apparent that the alleged con-
feSSiOn to the county attorney, Attor-
ney Fauntleroy and others in the police
station the night of MIchael's arrest
was not voluntary and apparently free
from duresS, and therefore he held it to
be inadmiSSible. This ruling dispensed
the further examination of FauntlerOy
as witness.
Ben Finklestein, the Hebrew detect
i've from St. Louis, was called and sought
for, but after considerable delay was
not found. j. II. Mason. manager of
ThiePs detective agency, Assistant
Manager Barnes and the Swedish de-
tective Forbes were called and QuiZzed
as to the whereabouts of the absentee,
but could give no account OF his where
abonts. The state, at noon, announced
the prosecution rested.
Mr.. Willis, for the defense. then sub
| mitted a motion to instruct the jury to
find Michael not guilty, and presented
an argument at some length in support
of the motion. He argued that no Grim
inal burning of Michael's house on the
night of Oct. q had been proved outside
of the alleged confessions, and that the
| law of the state precuded confessions
| that are not voluntary. He asserted
| that there was no design for the Grim
inal burning shown. Theologians and
philosophers had discovered design in
| the construction of the uni
verse and deduced the theory
| of the existence of supreme
being, but in this case nothing was
| proved that would establish design.
| Judge Cornish, in passing OH the mo-
| ton, expressed the view that there is
| enough eyidence-taken all together
| outside of the alleged confessions. to
warrant the jury in finding a verdict of
| guilty. He accordingly refused to in
| struct the jury to acquit the defendant.
| A motion was then made to dismiss the
| prosecution, which was also denied.
| The defense was then outlined to the
| jury by Benn Davis, associate counsel,
who declared the Innocence of his
client, and asserted a good citizen
| should not be convicted of so grave all
| otfense on the evidence of paid de-
tective, and the Western people would
not assent to such course.
| Marks Michael was called to the stand
in his own defense, after being obligated
| by the clerk. Contrary to the usual
| custom VIXEN being sworn, Michael vol
| UNFAIRLY repeated the oath after the
| clerk. On the stand he gave his place
| of birth as Russia. He subsequently,
| lived in London and Leeds-working at
the tailoring trade-and came to St.Paul
| four years ago. since which time he has
| worked as a tailor. He asserted his in
nocence of burning or being implicated
in burning his dwelling. He also stated
that he never burned any house in this
| or any other country. The night of the
fire, he, with his family, went to dance
| at Market hall-given by the Hebrew
church. He left his home after
supper early in the evening, leaving a
lamp burning. lie went back after
taking his family to the home of his
slster-in-law, on State street, and got
81 out of his trunk. He and his family
| left the ball several hours after mid
| night and repaired to the home of his
sister-in-law, on State street, where
they remained until a. M, when he
went home alone to prepare for break
fast. He then learned for the first time
that his house had been ON fire. He
could give no clue as to the origin of
the fire. Considerable time was taken
up in naming the articles included III
| the household effects and telling their
values and where purchased.
| Pending a croSS-eXamnation on the
| list of goods and making comparison
| with thQ CahQdnln in fhQ nrnnf of 1ncc
furnished the insurance company, the
court ordered the case continued until
the February term, which begins Mon
| day.