St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-11-03
HAWKS EVANS DEFENSE.
ATTACK UPON THE GRAND JURY PRO-
cEEDWGS.
Effort to Quash the Indictment
Against Hawks and Evans
$4,000 Verdict Against the
Cordage Works in a Personal
Injury Case - Frank Viokla
Pleads Guilty to Assault.


Cordage Works in a Personal
Injury Case - Frank ViokIa
Pleads Guilty to Assault.
The Hawks and Evans Indictment
was taken up before Judge Kelly yes
terday afternoon On a motion to quash
the Indictment. Attorneys for the de-
tense wanted to put several witnesses
on the stand to show what had occurred
in the grand jury room. and to this end
had summoned a number of the men,
bers of the late grand jury. 1t was also
desired to put other witnesses On the
stand to show that they had been before
the grand jury and whose names were
not placed either at the foot or on the
back of the indictment. Judge Kelly
and the county attorney intimated that
the whole question should be raised at
once, and the courtdesired to know just
how tar counsel for the defense pro-
posed to go in inquiries as to the pro-
ceedings in the grand jury room. The
defense claimed 1t had the right to show
that witnesses were examined before
the grand jury whose names were not
made known to the accused as provided
by statute by means of indorsing the
names of all OIL the indictment.
County Attorney Butler then made
answer to the affidavits filed by the de-
Tense a week ago. He read and filed an
affidavit made by Frank SchlitZ, who
was a member n also the clerk of the
grand jury. This affidavit stated that a
pmnrorhnp I'M nf oil tho nrnana1iDrs ha
fore the grand jury had been reduced
to writing, and that the names of all the
witnesses examined in the several cases
inquired into were noted in the minutes.
These minutes show that Evans and
others had been examined when con-
sidering the case against Hawks, but
that hen the grand jury was inveStt-
eating the case against Hawks and
Evans, only the witnesses Endorsed on
the Indictment had been examined.
The county attorney also filed the min
utes made by the clerk Of the grand
jury, the warrant for the arrest of
Hawks, as we'll as the affidavit made by
William BanholZer. before the munic-
ipal court. the bond given by Hawks
for appearance before the municipal
court. and his bond to appear before
the district court. Objection was made
by the defense to the filing of these
several papers.
The defense persisted in the right to
call witnesses to show that other wit
neSSes than those named on the indict-
ment had been called before the grand
jury. Judge Kelly suggested that it
would be as we'll to argue the questions
before calling any witnesses. and said
that it already appeared to the court by
the papers filed that two charges had
been considered by the grand jury and
but one indict ent was found. Mr..
Butler added that before the defense
attempted to show what occurred in the
grand jury room they would have to tell
how they knew the facts, n that
raised the question as to the right to re-
veal the secrets of the Crane jury room.
An argument on the law points then
followed, taking up the afternoon, and
will be renewed this morning, when the
defense will reply to the points raised
by the county attorney. MIR. Butler
made an able argument. Counsel for
the defense asked time to consider the
points he had raised before making re-
ply. The court gave until this morning
to prepare q response.