St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-12-13

tinuance to Get Western Testi-
mony-Judge Kelly Denies the
Motion on the Ground That the
Defense Has Not Exercised Due
Diligence.
Jonas j. Meiggs, who is the second of
the alleged bank robbers to undergo the
ordeal of trial. is not so taciturn as
Fleury, and has nonchalant air in the
court room. He is prompt with sugges-
lions to his counsel, at times speaking
out SO as to be heard in many parts Of
the court room. He is talkative to
newspaper reporters, and closely OBJ
serves all that takes place relating to
the proceedings in which he is inter
ested. The work of securing a jury be-
gan yesterday afternoon. and Edgar e.
Lucas. a wholesale commission man
who resides at 299 North Avon street.
was secured as the first juror. He had
formed an opinion. but believed himself
10 be impartial. and the challenge for
actual bias was not sustained by the
trlefs. He was the second man exam
med, and the only juror sworn in the
case. although number of the regular
venlre were examined Judge Kelly
has ordered fifty tales men brought into
court this morning, and the effort to Sc
cure jury will proceed.
AT the opening of court yesterday
morning Henry Johns. of counsel for
Melggs, moved continuance Of the case.
to give him time to secure dispositions of
court officials and citizens of San Diego,
Cal, to contradict certain published
statements rejecting on his reputation,
and to show that he had a good record
in that place. The court adjourned un.
til afternoon to permit the preparation
or an affidavit for the purpose of max
Ing a record ID the matter. At the OPEN
lLg OF court at 2 o'clock p. m. Mr.. Johns
submitted an affidavit which recited that
Meiggs had resided at Portland, Or,
from January to July Is of this year,
and was i'll business there In the employ
of George and Thomas Lewiston. pro-
prletors of the international hotel. That
they knew him to have $500 in his pos.
session when he left there on July Is.
On June 16, II and Is last he had on de-
post IN the British Columbia Bank of
Portland $500 which he drew out and
was paid in $50 gold pieces, and it was
believed that the teller of the bank would
remember the fact. 1t was also stated
that the books of the bank would show
that the money had been paid hi m at
that time. This is the $500 claimed to
have been exchanged for currency at
the Wolf clothing house on Madison
street, i'll Chicago. .by Edward Eubanks.
a friend of Meiggs'. Mr.. Johns said
that the facts in the affidavit might be
verified by the dispositions of the per-
sons alluded to in Portland and else
where, and he desired that the county
attorney telegraph to proper persons
there and ascertain as to the truth of
the matter, and then use his pleasure
as TO admitting at the trial that such
facts were true. Otherwise, Mr.. Johns
wanted continuance of the case to
permit the taking of dispositions to sup
port the statements made in the affi-
davit. He also stated that what money
Meiggs had was seized at the time ofhis
arrest, and he had no means to 5defray
the expense OF taking dispositions.
Another reason urged by Mr.. Johns
for continuance was that all the time
Of counsel is taken up for the remainder
of the term in preparing for motion
for new trial in the Fleury case, and
1t would be hardship to defend this
case in tue meantime.
County Attorney Butler objected to
the continuance of the case upon any of
the grounds claimed. and declined to
telegraph to ascertain the truth of the
affidavit with view of admitting the
statements on the trial.
In denying the motion for continu-
ance Judge Kelly referred to the fact
that some time had elapsed since the
men were arrested and held to answer
to the charge of robbing the Merch ants
National bank of $1,000 in gold, and it
did not seem that the defense had used
due diligence in getting ready to meet
the charge. 1t was known that the
possession of the money would be used
against the defendant, and the granting.
OF further time would not place the de-
PENDANT in any better financial position
for securing dispositions. In any event
the dispositions would be only cumu-
lative or secondary, since the law at
present permits the defendant to go on
the witness stand i'll his own defense.
The testimony as to having money in
August would be of no value unless ac-
companied by the testimony of Meiggs
himself as to whether it was the same
money he had when he LETT Portland.
After overrulIng the motion for con-
tinuance the work of securing a jury
began. The court appointed A. r.
Moore, Carl Taylor and G. R. Woods,
members of the bar, to act as triers of
the challenges of jurors for actual bias.