New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1894-06-13
MADlGAN STAYS IN PRISON
The Supreme Court Refuses to give him
Anew Trial. .
Judge Ganty Handed Down the Decision
on Monday.

Michael NJ. Madigan, convicted of per-
jury, must serve out his time in prison.
On Monday, the Supreme court through
Judge Canty affirmed the order of the
lower court in the case of the Redwood
county attorney, and all further action
on the part of his attorneys is now out of
the question.
Syllabus: First-Where in an indict-
ment for perjury it is assigned as per-
jury that the accused in an affidavit for
attachment swore falsely that he was the
attorney for the plaintiff in the attach
ment suit, Held it is not necessary to
allege in the indictment that the accused
was an attorney at law. "
Second-Held that though the statute
does not require it to appear in the affidavit
for attachment. that such person making
the affidavit IS an attorney for the plain
tiff therein. his right to make it must af-
tirmatively appear somewhere in the at
tsctment proceedings before the writ
can rightfully issue and it may properly
appear in such affidavit and is material,
and if knowingly false perjury may be
assigned upon it.
Third-Held, it IS not necessary to
aver IN an Indictment that matter as
signed as perjury is material when it ap-
pears from the facts set out in the in
dictment that il is material.
Fourth-Held, the production of an
affidavit, regular in form with proof that
the accused made it and that the officer
before whom it purports to be sworn to,
signed the juror and affixed his seal, is
sufficient evidence ON the trial on such
an Indictment that the accused actually
swore to the affidavit.
Fifth-If the evidence offered tends to
prove the commission of the CRIME
charged in the Indictment it is not in
competent, because it also tends to prove
the commission of the accused of another
crime.
Sixth-Held, the assignments Of zer-
ror as to the charge are not we'll taken
Seventh Where the affidavits in sup
port of a motion are contradicted by
counter -afidayits the finding of the court
below on the disputed facts is conclu-
sive if there is any evidence to sustain it.
Eight-Where some of the jurors
drunk Intoxicating liquor during the
trial. but before retiring to consider their
verdict, held,on motion for = new trial
this raises presumption against theval-
idity of the verdict which may he rebuff
ted by showing that, in fact, such jurors
were not intoxicated.
Ninth-It is not error to deny mo-
ton fora new trial made on the grouni
that one of the jurors did not understand
the English language when the moving
party had an OPP ortunity to ascertain
that fact and challenge the juror for that
cause before he was sworn. Order af-
frmed.
Last Thursday afternoon the four year
old girl of Barnard Platch of Sigel was
playing with fire. Her clothes caught on
fire and before the flames could be ex-
tinguished or the clothes taken of, the
child was terribly burned. The hands
Of the mother were SO badly burned that
the fingers on the right hand will have
to be taken Of. The whole body Of the
child is so badly burned that shs cannot
live. At this writing the unfortunate
little one is still alive. Sleepy Eye Her
aid.