The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-09-07
STATE SHOULD STEP IN.
Advocate Erwin Denounces the
Lynchins as State Disgrace.

my God you must have been mis-
informed" said w. w. Erwin, when he
was informed that Musgrove and Cinq-
mars had been lynched by a mob early
yesterday morning. did the sheriff
make no resistance to the mOb?" was
the next question put to the reporter by
the Tall Pine" as he sat down at a
table in his bed room and struck with
his clinched fist on the furniture cit
is an outrage on the fair fame of the
state" continued the lawyer. ''and it is
the duty of the state officials to step in
and apprehend and punish every man
connected with the premeditated, heart
less, ineXcuSable and cold-blooded dou-
BILE murder. To leave the prosecution
of the parties who were concerned in
the affair to the officials Of the county
in which the double murder occurred
would be treason to the rights of men
and to the cause of good government.
The men MuSgrove and Cinqmars
were wards of the state, and as such
were entitled to the protection of the
law. The lynching Of the men under the
circumstances is a blot on the county in
which 1T occurred, and also on the fair
fame of the state Of Minnesota. Can
the record of any state in the country
show such an exhibition Of lawless-
ness? If so, / have never heard of it,
There might have been some excuse for
the lynching of the two men within a
few hours after the death of Sheriff
Rogers, while the public mind was ex-
cited by the tragic death of a public
officer, but three months after the hom-
icide, and after the law had stepped in
and guaranteed a fair and impartial
trial, to have band Of men take the
law in their own hands and admins
ter what they probably call or term
justice, is an outrage on the law and
the rights Of men,
Mr.. Erwin said that during the time
the jury was celebrating on the ver-
diet Friday night he had been Informed
by Attorney Bonniwell. of Hutchinson,
who was one of the jury triers in the
case that there was a probability of
harm coming to the prisoners.
This intimation that the citizens
might take the law into their own
hands and attempt to lynch the prison
ers was given while The jury were still
out The jury had retired to the jury
room at 6 o'clock and at IL o'clock had
not agreed upon a verdict. The evil
dence produced. at the trial was such
that, according to Mr. Erwin, the court
would have been justified In charging
the jury that the killing of the sheriff
was manslaughter. Those who had lis
tened to the case We're In doubt as to
whether the jury would convict of MUIR
der and the delay of the twelve men in
returning verdict created the i'm
preston that the prisoner Musgrove
might be acquitted or escape with a
verdict Of manslaughter. 1t was while
this state of affairs existed that the in
timation was made that harm might
come to the prisoners. The jury how
ever, came in at 2 o'clock Saturday
morning, after being out over eight
hours, with verdict of murder in
the second degree. In the meantime
Mr.. Erwin had spoken to Judge Cad
well relative to the intimation he had
received, but the judge made light Of
the matter and told Mr.. Erwin that the
papers Of the state had praised the ac-
ton of the people of Mcleod county
for their conservative action when the
prisoners were first arrested, and that
there was not particle of danger from
any lawlessness on the part of the citi-
ZenS.
Mr. Erwin said he was not in the
court room when the. verdict was rem
dered but Mr.. Shumaker, his law part
ner, was, and that the verdict which
sentenced Musgrove to the state prison
for life under the law appeared to give
general satisfaction. There had been
a feeling that Musgrove might escape
with verdict for nlanslaughter, but as
soon as the verdict was known, and
the fact that it carried with it a penal
ty of Imprisonment for life, public opin-
ion seemed to be satisfied.
The jury panel, Mr.. Erwin said was
composed of the best most courageou
and noble men in the county, and the
state did not challenge one of them.
The jury, he said, represented the high
est type Of jurors.
During the trial of the case Mr.. Err
win said everything that looked unfair
or all the strained positions came from
the prosecution The evidence which
that those who watched the case were
fearful that a verdict might be return
ed for manslaughter, and the records of
the case, Mr. Erwin said, would bear
out the statement that a verdict of
manslaughter would have been the
proper one. The only demonstration
made in the court room during the
trial was when Mr.. Shumaker made the
opening address to the jury, and as he
outlined what the defense would be the
audience I1issed at the statements but
were rebuked by the court, and after
that there was no other marked evil
dence Of disapproval. The first ballot
taken by the jury after retiring from
the court Mr. Erwins had been inform
ed, stood five for murder in the first
degree, five for murder in the second
OCSIcC, anu IWO DldlISlduR
This, Mr. Erwin said, indicated that a
majority of the jurors were not in fa-
vor Of verdict of murder in the first
degree under the evidence, even IL pub
lie opinion was for such verdict. I'M
mediately after the verdict was return
ed stay was asked for and granted by
Judge Caldwell Mr.. Erwin said he
left Glencoe at o'clock Saturday
morning, and although the intimation
made by Attorney Bonniwell that the
prisoners were in danger had caused
him some apprehension, the talk with
Judge Caldwell had, reassured him that
the rumor was unfounded. AS soon as
the case was opened Mr. Erwin said
that he filed an affidavit with the court
asking that the sheriff be restrained
from summoning the Jurors on the
ground of prejudice The application
was made on the ground that Sheriff
Sandman, being a deputy under Sheriff
Rogers, and succeeding the dead Off
cial, might be prejudiced The court
granted the application and directed
DR.. Miller, the county coroner, to sub
poena the jurors.
None of Musgroye's relatives were
present in court during the trial. but
Mrs. F. x. Cinqnnafs, of Rhinelander.
Wis, mother of one of the prisoners.
was present throughout the trial of the
case. She was in Glencoe Saturday
night and, Mr.. Erwin said, must have