St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-04-25
A JURY CELEBRATING
Wind-Up of the Trial OF the
First Action Against Au-
ditoP Burns.
The Defendant Finishes His
Testimony and His At
torneys Plead.
Counselor Erwin Attacks the
Prosecution as Being
Cowardly and Cruel.
After Waiting Patiently the
Jury's Pleasure Judge
Egan Adjourns.

The Jury in the James II. Burns case
had not agreed upon verdict up 10 III
o'clock last night, at which hour Judge
Egan adjourned court until 10 o'clock
this morning. A considerable number
of people hung around the court room
up to that hour expecting verdict. III
is possible that the jury will not agree
1t was stated by two or three last night
that the jury stood ten for acquittal on
the first ballot, and eleven for acquittal
later. This MAJ be only speculation,
and 1t may be Tip" Tine jurors went
out shortly before O'Clock last even
ing, and number of people expected
prompt verdict. The charge of Judge
Egan was pithy and clear. His honor
spoke extern poraneOusly, and on the
construction of the law peculiar to the
facts adhered to his rulings Oh the
trial.
The testimony was concluded before
the noon recess. At the opening OF court
Yesterday morning Mr.. Burns was
placed on the stand. His testimony Ill
chief was not productive of any new
features. On cross examination he adj
county, and that he had furnished the
bills and received pay for the june
calendar.
George G.. Pound and George d. TAFT
were called to prove for the defense
that the ruled as well as the printed
pages should be charged for as printed
matter.
At the opening of the afternoon ses-
sion County Attorney Butler began his
address to the jury in summing up the
case. The speech was very concise and
was a very able presentation of the
states reasons for claiming a cOnvlc-
ton. When Mr.. Butler was reviewing
the OVercharges Of the several months
HIr. Erwin Made objection
to that line of argument, but Judge
Egan held that the county attorney had
a right to make deductions from the
testimony, and declined TO interfere.
MIR. Butler asserted that the overchargeS
on the court calendar from October.
1890, up to the June calendar amount to
81. 445.S5.
w. w. Erwin made an excellent effort
in arguing the theory of the defense.
He began by expressing belief that
We are proceeding toward barbari5m
switter than is noted by the young
philosophers and moraliStS of the age.
In his opinion the brutal prosecution of
a public officer as instanced in this case
was without parallel. and argued the
fact that the tendency is toward barbar-
ism. Turning to the court he said: ut
is about thirty years since we first came
to this country. | never since then saw
so brutal prosecution under the cant
of hypocrisy" Mr.. Erwin then adj
dressed the jury with great earnestness,
and declared the prosecution most
cruel. Said he with searching en-
phaSiS: "YOu are asked to make a
criminal by construction of contract.
Great Godi You are asked to make a
criminal on the measurement of this
calendar-a point on which no two eX-
perts agree. We saw the Chicago an
archiStS sacrificed because the coward
ice of the nation and state demanded it.
This is another case of cOwardlce on the
part of the public"
Mr.. Erwin then proceeded to admin
lister a severe roast to what he termed
the hydra-headed combination that
forced the prosecution, and said he
hoped the time will come when no mon
ster can Introduce itself into the jury
room, and prosecute citizens through an
agency without showing itself. He
said that no one was made known as
pushing the Investigation but David
Ramaley. No other person came out
from behind the screen, beyond which
they hid for months, to exert an intiu-
ence to calumniate public officer. Mr..
Erwin concluded his effort with re-
quest to announce a verdict of acquittal
before leaving the jury box, and thus
release the One-armed boy, and dethrOne
the hidden power that has been lighting
him from behind screen.