The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1894-03-15
MADIGAN GOES TO PRISON.
Owing to a Failure to Secure Bonds
He Surrenders Himself to
the Law.
Full Text of Judge Webber's De-
Cision Denying a New
Trial.

IAO udHlo VI MlCud0I M. MdulSdu
has been entered on the roll at the
Saltwater penitentiary. He was TAX
en- there last Monday by Sheriff Pet
erson. of Brown county. The proceed
ing was caused by failure of the at
torney to secure two bondsmen who
could qualify in the sum of $4,000
each, as provided by an order of Judge
Webber. Mr.. Madigan left for New
Ulm last Friday for the purpose of
surrendering himself to the Court,and
when the time came for giving the
bonds Saturday afternoon, Mr.. Madi-
gan announced that he could not fur
nish them, and was placed in custody.
The prisoner bore up we'll under the
proceedings, and was apparently re-
signed to the step. The appeal to the
Supreme Court will be taken, and in
the meantime he will labor under his
sentence at Saltwater.
AS stated briefly by wire in the last
issue OF this paper, Judge Webber de-
MED the motion for a new trial in the
case of the State VS.. Madigan, the lat
ter being represented at the decision
by Jos. A. Eckstein and the State by
w. L. Pierce. Before the decision
was rendered several affdavits were
offered by the defense, one of them
being from the defendant himself,
claiming that on March 5, 1894, he &C.
cidentally, while cleaning up his pa
pers, found the release Of P. Romnes
against the insolvent estate of Hedge.
son 4 Mogen, mailed to Romnes on
May 6, 1898, and written by Halvol
T. Helgeson. He had compared the
Romnes signature on the release with
the same signature on the Renville
county marriage record book, and was
certain that it was written by one and
the same man. On this discovery he
asked for stay of decision to secure
an affidavit from Mrs. Anna B.
Schneider relative to the similarity OF
the signatures. He then presented
affidavits from Experts VIM. E. Koch,
w. F. Setter and G. w. H. Heidemann
declaring that the two signatures
seemed to have been written by one
and the same man G. D. Griffith
averred tnat the body of the release
was written by the same man who
signed himself "Halvor T. Helgeson.'
Mr.. Pierce could not see where the
affidavits were material; neither could
Judge Webber, because, he said Rom
nes did not deny"that he executed the
release. 81 think" he continued, "that
it was a great mistake on the part o1
the defendant to offer that receipt O,
marriage record in evidence. It ought
not to have gone in, and had there
been objection I would have sustained
it. But will give you every oppor.
tunity possible" whereupon Judge
Webber dictated the following order
On this 9Th day of March, 1894, be.
fore the decision of the motion of the
defendant for new trial in the above
entitled action the defendant applied
to the court that proceedings herein
be stayed and that he be allowed to
renew and amend his motion for a
new trial by assigning an additional
ground and cause, materially affecting
his substantial rights to those already
made, to-wit: newly discovered evi-
dence material to the defendant here
in which he could not with reasonable
diligence have discovered and pro-
duced at the trial; after hearing the
argument of Jos. A. Eckstein, of coun-
sci for defendant, in support of said
application, and the argument of w
L. Pierce, county attorney of Red
wood county, in opposition thereto
Ordered, that said application Of
defendant be and the same is hereby
denied, not as a matter of discretion