The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1893-11-02
STATE VS.. NORTON.

STATE VS.. NORTON.
Decidedly Spicy Correspondence
Between a State and a
County Official.
The Sheriff Accused of Partiality
and the Coroner Directed
to Act. ~
The case Of the State VS.. A. q. Nor
ton bids fair to become notorious in
the criminal jurisprudence Of the State.
One night in Nov. 'S9 Norton, who was
village marshal at the time, shot and
killed Joseph Brumbaugh while he
was resisting arrest. The coroner's
jury returned a verdict of justiiable
homicide. The case was brought to
the attention of two grand juries but
no Indictment was returned; at the
| September term in 1892, however, a
true bill was found accusing Norton of
murder in the second degree. The
case was continued for year. Last
September a trial was had and. the Jury
failed to agree-nine for acquittal and
three for conviction. Assistant Attor-
ney General Edgerton, who conducted
the prosecution, made a motion for a
| change of venue to another county,
the motion was denied and the case
| was set for trial Nov. 7th, next Tues
day. Mr.. J. A. Ross, county attorney,
concluded that it would be impossible
to convict Mr.. Norton of the offense
charged and that it was useless to put
the county to any further expense,
hence he notified the attorney general
that he would move to dismiss the
case. Several letters passed between
Mr.. Ross and Mr.. Childs, and the two
given below concluded the correspond
ence.
ATTORNEY GENERALS OFFICE, }
49, St. Paul, Oct. 26, 1898. {
J. A. Ross, County Attorney.
| DEAR SIR: I have just been re-
quested by the governor to prosecute
the case of State vs. Norton for the
crime of murder in the second degree
under the Indictment for which the
trial has already been had. You are
therefore advised that I shall appear
by virtue of my office, or be repre-
sented in the district court at the trial
OF said case, and that direct that you
take no steps whatever towards secur-
ing a dismissal of said case.
am very truly yours,
H. W. CH1LDs, Att y General.
Mr.. Ross replied as follows:
PRINCETON, MIMI, Oct. %, 1893.
Hon. H. W. Childs, Attorney General
DEAR SIR: Mile Laos is not a Rus.
sian province, and the car has nc
jurisdiction here, Notwithstanding the
resemblance of our climate to that OF
Siberia. God Almighty alone has
authority to "direct" our people tc
perform, or refrain from performing
any lawful act.
| Now without further complaint re-
speeding our severe climate I will pro.
coed to inform you that I shall GER
| tainly do as stated in my recent letter
viz: That II shall appear by virtue Of
my Office" in the district court of Mile
Laos county, at the time appointed fo1
the trial of the case of the State VS.
Norton, and move for the dismissal Of
said case.
| Very truly yours,
j. A. Ross, County Attorney.
Sec. I'll, page ISL of the general
statutes 1878, reads as follows:
| Whenever any party, his agent OF
attorney, makes and files with the
clerk of the district court an affidavit
stating that he believes the sheriff OF
such county will not, by reason either
OF partially or prejudice, cOnsanguin.
ity or interest, faithfully perform his
duties in any action commenced, or
about to be commenced, the clerk shall
direct all process in such action to the
coroner.
It appears that the assistant attor
ney general is Of the opinion that "by
reason of Partially" the sheriff of this
county could not faithfully perform his
duties, hence he has filed an affidavit
with, Clerk Briggs ordering him tc
Sdirect all process in such action te
the coroner of said Mile Laos county. .
The UNION has no comments tc
offer. County Attorney Ross will
make motion to dismiss when the
court convenes next Tuesday. Prob
ably the attorney general will inter
pose an objection. The court will de-
eide. One thing we do know, the
county attorney is in q hard row Of
stumps; no matter what action he NAV
take he is bound to make enemies. Il
Attorney General Childs had mani.
tested as much zeal in behalf of the
State in the pine case as he has in this
Norton matter he would have stood
higher in the estimation of the people
of the State. Es
The builders are rushing things at
present to get out of the way of Jack
Frost.