St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-04-07
fLOyDs ARE DEFEATED.
SUPREME COURT UNAKIE0USiY DE-
MES HABEAS CORPUS.
WILL TRY FOR A NEW TRIAL.


The Floyd Boys Grew Pale When
They Heard the Decision =
Argued Before Judge Jami-
son in Minneapolis This Morn
ing.
The maudlIn sentiment that has sur
rounded the Floyd boys Since their trial
ana confinement in the Hennepin
county Jail received a. severe setback
yesterday morning when the supreme
court. without single dissenting vote.
refused the wri: of habeas corpus and
decided that they must go to prison.
lin ByrneS, attorney for Frank and
Lou Floyd, made a gallant effort to
save them from the states prison. and
III his pleadingS for a writ OF iian IA,
corpus attacked the validity of the STU
tence on Tie grounds that sentence had
been passed illegally. He auaiyzed his
propositions under three distinct qu-s:
ti0uS: "Can the senior Judge adjourn
court sine die?" Having SO adjourned
court, can a majority OF the fill bench
reconsider the action aud reconvrne
cOur;"' Can the defendants be legally
sentenced after such adjournment was
iade''
These questions were practically all
that the court had to decide upoa. AS
SiStant County Attorney A. Ii. Hall, OH
behalf OF the prosecution, clearly de-
fined the matter. citing many autbori
ties Oh the various question. He said
that the order of Judge Hicks adjourn
ing court was all inadvertent one aud
not the order of the court" Article
&. section 4, of the constitution OF the
state clearly defines the powers of tue
Judges. keiley'S statutes (section 445S-
4465) describe more fully the powers of
the district court and the Judges form-
ing 1t. Section AGO states that only
majority of the full bench may divide
the business of the court or regulate it
by rules or otherwise.
The order of Adjournment .siue die
by Judge Hicks was in direct conflict
with that of Judge JamiS0n for :; con-
tlHuance OF the case, at the special re
quest of the defendants. One order
should not be entitled to greater weight
than the other. The trial of the case had
not been terminated by Judge Jamison
until after he ladspassed sentence. sAn
order 10 diourn sine die should have
been made 10y a concurrence Of a ina jor-
ity of the bench. The statutes further
provide thailthe:diStrict court.i general
terms is always open for the transaction
OF business. for the entry of judgments
and DEGREES. and for the determination
of ali matters brought before the court
or judge. except the trial of issues eff
facts.
This provision appears in relation to
the trial of civil actions; but in the alb
sence of any other law it must apply to
criminal actions as well.
The court, after brief consultation,
unanimously decided that The grounds
of the county attorney were we'll sus-
tanned. and denied the writ of habeas
corpus.
Chief Justice Glifillau gave the deei-
Sion III this language:
I'VE have no difficulty in arriving at
conclusion here. The statutes contain
no express provision authorizing any
one judge to adjourn court without the
consent of the rest. and it cannot be
done. For this reason, the Adjournment
taken 10y Judge Hicks is null, and the
term of court continued until sentence
had been passed upon the appellants.
The order Of this court is that the
prisoners he remanded TO the custody of
the reator. the sheriff OF Henuepin
county,"
The Fioyds paled perceptibly wnen
they heard the judgment of the court,
and their attorney made an effort to Oh
tain stay of proceedings. pending the
filing of an appeal. The stay of pro-
ceedings was also denied. and the
prisoners remanded back to the custody
of the sheriff.
Sheriff Eye decided to start at once to
Saltwater with his prisoners, and emo
the matter, so far as he was concerned,
but Mr.. Byrnes obtained the consent Of
the court to have them taken back to
the county jail until this afternoon. at
which time their attorney will argue
before Judge Jamison for the granting
of new trial. Should the mo-
ton be allowed, then they may be
released on bail. which is now in the
sum OF 50, 0O0 each; but 1t Is expected
that much heavier bond will be asked
on the part of the prosecution.
Byrnes will make his arguments for a
new trial This morning. and in the event
it is denied by Judge Jamison. it is
likely the matter will be appealed TO
the supreme court. 1t will probably
take several weeks to come to an under
standing with the supreme court, and
in the meantime il is evident the bows
will remain out Of prison for some time
longer.
Spring Overcoats, Hats and Gloves
The best are at the plymouth Cor.