St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-12-05
FLEURY'S DEFENSE BEGUN
STATE RESTED ITS CASE At RO0N
ADJOURNMENT.
ERWIN HAS NEW WITNESSES.

Witness Stanton Repeats His Tes-
timony, aad Is Not shaken in
the Gross Examination = The
Defense Produces Several New
Witnesses-rhe Trunk Was
Bought in Minneapolis.
The case of the state VS.. Fleury is
nearing its close The crowds were
present, aud the scene presented in the
court room about as heretofore, except
perhaps greater degree of animation
was apparent both among attorneys and
the audience generally.
Mrs. Mary Tuomey, of Chicago, a
witness in the first trial, was sworn and
testified pretty nearly as she did at the
first trial. showing very plainly that she
did not intend the lawyers should get
the better of her i'll the examination.
Last August she lived at $40 Latiln
street. Chicago, and rented a room on
the nth TO man who called himself
Lamont, and whom she identified us the
defendant, and had paid weeks rent in
advance. Defendant left the house
had not seen him since till she saw him
in court. When Fleury rented the room
he paid her in advance, and some bag
gage was brought to the room that after
noon about $3.50, some of which she
identified as the trunks and baggage in
the court room. This baggage was taken
away Aug. %. On opening the door on
the day she rented the roem to Fleury
she saw man across the street who
she thought was Meiggs. On cross-eX-
animation she became considerably con-
fused. and it appears Fleury paid the
money not to witness, but to another
woman standing near by, who was the
actual landlady, and was not present.
More questions were piled, and the
witness evidently fiurried, when Attor-
ney Butler interposed with an objec-
tlou, and stopped further questions, all
of which were followed by exceptions
taken by the defense.
Supt. Murray, of the Chicago Pinker-
ton agency. was sworn and gave about
the same testimony as in the former
trial. He saw the trunk opened and the
$1,000 in $40 gold pieces tied up in rag
taken out. All of this witness testi-
mony was taken subject to exceptions.
Andrew Rouen, Chicago police Off
Ger, was placed on the stand. He was
new witness brought up for this trial,
aud corroborated Murray's testimony as
to finding the gold.
Henry Grueber, st. Paul policeman.
sworn. testified that his beat on Aug. IA
was on jackson and Seventh streets,
and that he saw Meiggs that morning Oh
jackson. He was cross-examined at
considerable length and could not give
The name Of any citizen he saw on that
street either before or after he saw
N1eiggs.
Attorney Butler then offered in evil
dence large number of articles found
in the trunks in Chicago, and among
them the famous memorandum book
found on Fieury's person when searched
at the police station there. This led to
an objection from and exception by de-
tense in almost every instance.
George &. Power sworn: Identified
the bag of gold claimed to have been
taken from Fleury's trunk in Chicago,
aud the bag was marked eX. "a and re-
celyed in evidence without objection,
Erwin saying: I'VE want that in and
make no point on it,
George n. Hillman, the official court
stenographer. was next sworn and testi-
fed that by dint of perseverance and
hard study he had managed to decipher
parts of Fleury's memorandum book,
which was composed of three different
styles of stenography and various other
innovations and notifications. He read
various extracts from it and instanced
certain methods of spelling "Sanga-
moh," Frisco" and other words, but it
is more than doubtful whether the Jury
understood the ''cue" to any apprecIable
extent. This diversion created, of
course. a large number of exceptions
noted, and consumed considerable time.
At noon court took recess to 9 D. m.
just before the recess the state made
announcement that it had closed its
case.
AFTERNOON SESSION.
At the afternoon session ATTORNEY
Johns moved to strike out the testimony
of Douglas, Potts. Pinkerton, Pitman.
Fairchild, Dieters, MALTA, Moennisch,
husband aud wife; Milton. and also that
of eighteen other witnesses down to Re-
porter Hillman. The court denied the
motion in each case, and exceptions
were taken to each refusal to strike out.
Erwin then opened the defense. He
said he wanted to be of all possible as
sistance to the jury; with them he was
| equally interested in preserving good
order. The integrity of jury is the
| great bulwark of human rights. After
| all, juries were established, hot only to
hand over guilty men to punishment,
| but to preserve innocent men from pun
ishment for crimes they never CON-
mitted. Men. before punishment, must
be proven guilty beyond reasonable
doubt. He said the police had been III
| formed of the man who actually COM
mitted the crime, but had refused to act
upon the information. He then spoke
of the conspiracy, and claimed there
was no evidence of collision against
defendant. He reviewed the evidence
as brought out by the state, and then
outlined the defense. He spoke for forty
minutes, and was listened to with close
attention throughout.
Alexander RemilIard was the first
witness. He said: This is Mr.. Town.
| ley's friend from Long Prairie, but now
living in Staples" Mr.. Butler objected
to the very first question asked. and the
court sustained him and exception was
noted. Counsel for defense then in
sisted on having the record show what
was intended to be proved. and the
court required that it be put in writing
out of the hearing of the jury. This
was done, the reporter taking it down
geographically.
Willis Williams sworn: Reporter on
Press; know Lares; had conversation
with him; asked him if he saw the
man that stole the money; he SAID he
did mt him in tho fnaa l,,,r