St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-02-14
tainted IN COURT.
Jim Burns Mother-in-LaW,
Worn Out With Anxiety
and Care,
FALLS FROM HER CHAIR
In an Unconscious Condition,
and Mu ch Confusion
Follows.
THE STATE RESTS ITS CASE
And Defendants Motion to
Dismiss Is Denied Burns
Under Bail.
THE STATE RESTS ITS CASE

A ripple of excitement was oc-
casioned yesterday afternoon in the
civil division OF the municipal court,
during the progress of the preilm-
mary examination Of eX-County Au-
ditor James Burns, on a charge of
embezzling S746.44, preferred by Mrs.
Elise Reidel, his mother-in-law 1t
was occasiOned by the complainant,
who is middle-aged lady, becoming
Frustrated. Unnoticed she slipped
quietly back into her chair, her
means finally attracting attention.
AS speedily as possible Mrs. Reidel
was carefully assisted from the court
room, and the examination was pro-
ceeded with. The case on trial is
familiar one, Burns being charged
simply with having converted to his
own use $746.44 of $2,057 given him
by Mrs. Reidel to invest for her.
The defendant during the proceed
ing appeared wholly at his ease, and
conversed freely with his counsel
while Mrs Reidel was testifying.
Once, when counsel and spectators
became slightly noisy in their dem
onstratiOns, the court very firmly an
nounced his intentions to clear the
room if such interruptions continued.
This promptly restored decorum.
Mrs. Reidel, the complainant, testi-
fed briefly that she had come from
Milwaukee to st. Paul, and had dis
cussed her affairs with Burns, who
declared that he would invest her
funds in tax certificates. She had
received $500 or 5000 from him, but
continued asking him each week for
money, alleging that She wanted it
all, but that he could not get it until
May, or until the tax certificates
were paid. She had accompanied
Burns to the Clarendon hotel, had
SIGNED TWO PLEDGES
at his request, although she alleged
he did not designate why he desired
her to sign them. She had received
no tax certificates from Burns, or
any papers which he said were tax
certificates.
F. H. MoOSbrugger, deputy auditor
of Ramsey county, testified and pro-
duced portions of the tax records
His books indicated that Burns had
not invested funds for Mrs. Reidel
in tax certificates, as alleged, and
that his name did not appear on the
register from May 1, 1898, until the
present time. Mr.. MOosbrugger was
not subjected to cross examination,
and at the conclusion of his testi-
mony County Attorney Butler an
nounced that the state rested.
Attorney Woodruff, of counsel for
the defendant, promptly moved that
the case be dismissed, as the state
had clearly failed to establish any
criminal offense. During his argu-
ment in support of his dec
laratiCn, Attorney Woodruff read
for the benefit of the court an agree
| ment between Mrs. Reidel and James
H. Burns. The instrument, dated
Aug. 2, 1898, briefly stated that he
had received from Mrs. Reidel the
sum of $2,057 to invest in tax GER
tificates as he saw fit, and for which
he was to pay her interest at a
rate not to exceed u per cent per
annum. This agreement did not
state where or in what county tax
certificates were to be invested.
After hearing the county attor-
ney's objections to the motion, Judge
Orr denied.it whereupon counsel for
Burns declared that he had no tes-
tlmony to present at that time
Bail was fixed at $1,000, which was
| furnished.