St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-04-28
The DOODLE FUND STORY
REL6TE0 nv The franklin TRIAL
BY CONTRIBUTORS.
FnANKLIN,s BACK TRACK.
Witnesses Say That They Were
Asked to Make Affidavits That
Nothing Had Been Given
Franklin in Consideration of
the tefunding OF the Money
Trial Adjourned to Monday.

Nothing Had Been Given
Franklin in Consideration of
the kefundiug OF the Money
Trial Adjourned to Monday.
The trial of the Franklin bribery case
has been adjourned over until Monday
morning. as it is the custom OF the
court not to continue jury trials on Sat-
urday Oh account of special term week.
In the meantime Judge Kelly has under
consideration the admlSsibillty of evil
dence as to conversations among the
employees of the building inspectors
office relative 10 the plans of raising the
purse Of SIS month for the bene fit of
Mr.. Franklin. This question came up
yesterday during the examination of
witnesses who were employed in the
building inspectors office, and was the
subject of considerable debate between
the attorneys. 1t was raised as to each
witness called TO the stand and served
to make the progress of the trial slow.
Judge Kelly stated that he desired to
consider the point. and for that reason
the questions as to conversations be-
tween employees of the building in
SpectOr'S office were Withdrawn until a
ruling may be had and testimony OH
other points was introduced.
The object of bringing out such con-
yersatiOns is TO show the facts relative
to the collection of the assessments
against the employees of the office for
the Franklin purse without putting j.
Z. Mccarthy on the stand. Mccarthy is
Indicted for offering a bride.
1t is alleged that he furthered the
plan of making the assessment. paying
the money over to Franklin. In case
Mccarthy should be put on the stand as
witness he could not be tried for his
own offense. Section u of the penal
code provides that any person offending
against the provisions of the sections of
the code relating to bribery is a CON-
petent witness against another person
so offending, and may be compelled to
testify upon any trial or proceeding.
But the testimony so given shall OF be
used in any prosecution or proceeding,
civil or criminal, against the person so
testifying. The person so testifying TO
the giving of bride which has been
accepted shall not thereafter be liable
to indictment, prosecution or punish
ment for that bribery, and may plead or
prove the giving OF testimony accord.
ingly. in bar of such an Indictment or
prosecution.
1t was in view of this provision of the
penal code that the county attorney oh.
jected to witnesses being sworn before
the joint investigating committee. and
he now seeks to show what was done in
tic matter by other witnesses than such
mel as are indicted and not tried TOR
their connection with the affair.
At the opening If court yesterday
morning, John A. Gardner, the STEM
ograpler of the estigatingcommlttee
was called TO the stand. The county
attorney waived the question as TO what
Statements were made before the in
vestigating committee, except as to the
statement made by Franklin. Judge
Kelly permitted Stenographer Gardner
10 use the transcript of the evidence
taken before the investigating Commit.
statement made by Franklin before the
committee in response to statements
made by others. This statement was
substantially as reported in the papers
tie day following the investigation.
The other witnesses called yesterday
were T. f. Keliiher. J. A. Meyer, w.
z. O'Brien and George F. Wcolsey.
hnu oil n,,tr mil n
Inspector Morris. and all contributed to
the S15-purse. Their examination was
conducted down to the point of the COLI
veIsations in the office relative TO max
ing up the purse, and then they were
stopped, pending the ruling by Judge
Kelly. They all testified to having coli
tributed monthly to the purse.
j. A. Meyer testified that he was
asked to sign all affidavit relative to be-
ing assessed for the Franklin purse.
He understood that If the affidavit was
made. he was to have back the money
paid by him. He paid 81 20 a month for
fourteen months. and one month after
paid 81 so. and the last mouth he paid
$40. In November Of last year, the
witness collected the money from the
other employees of the building inSpec-
tors office. The amount collected in
November last was SIS, and he paid it
to Mir. Morris. in December last, he
collected to the amount of SIS from the
office force, and handed it over to Mr..
Morris.
On cross examination, Mr.. Meyer said
that IL was on Friday evening before
the exposure that Mr.. Franklin had
gone TO see III. d. Mum relative to
drawing up an affidavit, to be SIgne; by
tie employees of the Office
W. Z. O'Brien,the mbiug inspector
under Mr.. Morris. testified that he went
TO see Mr.. Franklin at the Pioneer
Press job rooms in June, 1892. Mr.. Nc
earthly, the deputy building inspector,
was present, and held a conversation
with Mr.. Franklin. Four or five weeks
after calling on Mr.. Franklin the wit
ness contributed 81 month to the
purse. In October of last year he paid
81. In December last he paid S5.75 for
November and December.
There was conversation with Mr.
Franklin i'll January. 1884, relative to
refunding the money. MIR. Franklin,
Mr.. WoolSey and others talked about
refundlng the money contributed. In
case affiuayitS were made that the men
had not paid any money to Mr.. Frank
lin checks for the money contributed
were to be given. MIR. Meyer refused
to take check and wanted the money.
The witness stated that he would do as
the others should agree to do.
The county attorney asked question
tending To draw out conversation be-
tween Mr.. Mccarthy and the witness
with view of showing common inter
est or a conspiracy. The matter was
argued at some length. Mr.Butler took
the position that Mccarthy was the
agent on both sides. He was alike the
agent for soliciting as well as for offer.
ing bribe. The defense took the
position that the defense was not
charged with conspiracy. but with re-
ceiving a bride. Judge Kelly stated
that he would like time to consider the
point raised.
The county attorney then withdre "
his question as TO conversation with
Franklin, reserving the right to renew
the line of examination subsequently,