St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-04-04

MISUNDERSTANDING Given Out
Fight for Continuance.
County Attorney Butler moved the
trial of Benjamin Miller. one of the
bank robbers, before Judge Kelly yes
| terday morning. Attorney Johns called
attention to the fact that Judge Willis
had set the ItOwart! case for trial first.
Judge Kelly set aside the former order
of Judge Willis as being inadvertant,
and granted the motion of the county
attorney to proceed with the Miller case
first. The matter then went over until
the afternoon, when Mr.. Johns made a
motion to dismiss the Indictment
against Miller, and argued it at consid-
cradle length. His motion was based
on the theory that Miller's case had
been continued for several times with.
out his consent, while the statute pro-
vides that he shall be given a speedy
trial, and unless good cause is shown
for continuances the Indictment shall
be dismissed. MIR. Johns said that the
indictment was found last October
Since then many Others had been in
dicted by subsequent grand jury, and
given their trials, while the case of Mil
Ter has been postponed from time to
time without excuse or consent.
The county attorney said that while
there had been continuance OF the case,
yet the defendant had not in fact been
ready for trial, ana even yet is not
ready, but wants to have further con-
tinuance tor the purpose of taking dep
oSitionS.
During the argument Mr.. Johns was
referring to the orders made IN the case
by different judges, and. in flight of
oratory, referred to the district court us
a siX-he AIDED court:
Judge Kelly promptly stopped Mr..
Johns in the midst of his flight with the
remark: Concentrated court. | will not
permit you to be disrespectful."
Mr.. Johns hastened to- inform the
court that he meant no disreSpect. but
merely alluded to the different rulings
of the three judges who sat in the GRIM
ihal court.
Judge Kelly oyeuuled the motion to
dismiss the case, but added that criti-
the Indictment in. such notorious case
would not deter him from granting the
motion in case proper showing should
be made.
Mr.. Johns then made a motion to con-
tinue the Miller case to give him Il
chance to take the dispositions Of Henry
Gordon and Henry Benjamin at the
office of William McLaughlin, 2lO
Broadway, New York. on April %.
Judge Kelly granted continuance of
the trial to next Monday to give the de-
Tense chance to get its witnesses here
from New York, and with The privilege
of renewing the application to take
dispositions. After this was disposed or
Miller was granted an audience with
County Attorney Butler at his own re-
quest. 1t is intimated that Miller would
plead guilty if he could get any assur-
anceS of an easy sentence. Miller had
1900 in gold in his possession when ar
rested in New York.
Its said that there will be an attempt
to prove an alibi in Towards case
when it comes up for trial. 1t is
claimed he was at White Bear the day
OF the robbery. and the reason lie was
not in tie robbery is that he was not
notified by the crowd the time when 1t
was to come off.
Attorney Johns thinks he has a good
chance OF getting both Howard and
Miller off Oh the point he raised rela-
tive to the continuance of the cases for
several months without their consent
and against their protest.
After the Miller case was continued
Attorney Johns stated to the court that
he vas ready to proceed with the trial
of the Howard case, but it, too. was
continued at the suggestion of the pros
pcptipp