St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-02-21

County Attorney Wants to Try
Miller First and VIII Present
Another Motion for That End
Other Gases Come On Before
the Bank Robbery Matter Is
Heard.
The Howard and Miller bank robbery
cases were set for trial yesterday i'll
Judge Willis court. Another case was
on trial at the time. ..and Attorney Henry
Johns appeared and asked that the
cases be set down for trial upon another
day. County Attorney Butler moved
Tor q continuance on the ground that
Mrs. MoenniSch, an important witness,
is still unable to appear IN court. Mr..
Johns renewed the offer he made a
month ago to permit the testimony
taken upon the trial of Fleury and
Meiggs to lie read in this case. The
anne objection to this course was made
by the county attorney, he saying that
lie doubted that the question could be
waived until the trial should be actually
IN progress and the question was
reached. Mr.. Johns stated to the court
that his client was ready to waive the
point in question. Judge Willis sug-
gested that Howard be questioned in
the matter. AT a nod from MIR. Johns,
Howard sprang up from his seat by
Miller and stepped to the bar, and, hav-
ing the matter stated 10 him, replied
promptly: "Yes, L will allow that 10 be
done. That is all right" and turning
briskly walked 10 his Turner seat and
sat down.
That point being out of the way the
county attorney stated that he would
not be ready to take up the cases for
some days, as there are other cases
awaiting trial that had been previously
set. After finishing the case of O'Mally,
now on trial, it is intended to take up
the case of Ryan, wno is a co-defendent
with O'Mally and Burns; then the case
OF Burdines would be called, and follow
ing that the case of Philip Rice alias
Fisher. who Is accused of homicide. The
latter case will take up nearly a week.
Judge Willis said that he did not desire
to begin a long case near the end of the
term If there is a prospect OF. its running
over, as he is expecting to begin the
trial of court cases at the beginning of
the March term. A question was then
raised as to whether Miller or Howard
should be first tried. County Attorney
Butler said that he would move the trial
of Miller first. Mr.. Johns objected to
this, and said that the Howard case
was first on the calendar. al
though both were set for the
same day. Judge Willis asked
tie county attorney to give him reason
for wanting to lake up the Miller case
first Mr.. Butler stated that a sever
rance in the trials having been de-
manded by the defense it was the prac-
tice TO allow the county attorney to
elect which he desired to try first. In
his case he deemed it judicious to try
Miller first, as 1t is in the interest of
Justice to take up the strongest case or
the one in which special preparation
has been made first. Judge Willis
stated that if the interest of justice and
of prosecution were Identical there
would be 10 reason why each case
should not stand OH its merits and be
decided upon the truth as developed
upon tIial. No reason was apparent
why the cases should not stand upon
their merits, and the motion for a con-
tinuance would be denied and the case
OF Howard set down for trial first and
10 take its order after the cases ahead
or Ii shall be disposed of. Mr.. Butler
asked ii he would be precluded from re-
neWlng his motion, and received an an
sWer from the court that his motion may
be renewed. Mr.. Butler then gave no.
tice that lie would renew his motion at
a future date to try Miller before How
ard
Walter O'Mally is still on trial in
Judge Willis court on a charge of being
Implicated with Ryan and Burns in
holding up Charles Nj. Banker at the
corner of Jackson and Fourteenth
streets last October. The defense is
conducted by w. w. Erwin and Walter
Shumaker. O'Mally was hit by one of
the dozen shots at the time of the hold
up. but he claims he was not a partici-
pant in the offense. He was merely
passing after the time the alleged
offense was committed. and was hit by
a stray shot. Dr.. Alex Day dressed his
wound the night he was shot, and
O;Mally told him that he was shot on
West Seventh street. He gave the
name or Williams to the doctor. When
Burns was tried he testified that his
two companions and he had been drink
ing heavily, and that it was merely a
fuss growing out of one of the party
running against Banker as they left a
Cnlnnn nnI fIaA o,-0 DI. -
Burns on the head with a cane they had
followed him up to whip hi M
SOCIETY LION.