St. Paul daily globe., 1896-04-19
INSULT TO THE COURT.
Judge Willis Takes Umbrage at
Richardson,s Notion

H. K. Richardson's motion for a new trial
came up before Judge Willis yesterday but re-
suited in the court granting the motion of the
county attorney to strike out the notice of
motion for a new trial, on the ground that the
document was impertinent and scandalous in
its attack on the court for the manner in
which the case was tried. The notice alleged
that the courts attitude throughout the trial
was prejudicial to the interests of the defend
ant, and that the court talked with the Jurors
in an improper manner, getting down from the
bench and explaining matters to them outside
of his judicial capacity.
Mr.. Hall disclaimed all intention of rejecting
on the court and went on to praise it for its
fairness and magnanimity. But Judge Willis
interrupted him, and called attention to the
fact that consistency was very desirable at
tribute at all times and he could not see
much consistency between the notice and the
attorneys present language. This put stop
to the Minneapolis counsel. Judge Willis then
ordered that Richardson be brought in for SEN
tence Saturday morning, and that he would
then hear motion for a new trial provided
respectful, polite and proper notice of such
motion be served upon the county attorney by
Wednesday next. Following is the courts or
der:
The time for making and serving a bill of
exceptions will not be extended beyond the
statutory time but the motion for such exten-
sion is denied upon the following grounds:
Due diligence is not shown.
No evidence by affidavit has been submitted
regarding the necessity or propriety of any
delay which las occurred.
And because, in the judgment of the presid-
ing judge, no sound reason has been shown,
for any delay-no proposition has been ad-
vanced which tends to indicate any basis for
a motion for new trial.
The second order will be: That this motion
for new trial, if made at ALL must be made
on Saturday next at 10 O'Clock in the fore
| ha off +,o
minutes of the court, or upon bill of excep-
ton, or case, and the court will settle and
| determine the bill of exceptions or case then
| presented, if there be one
The motion Of the learned county attorney
| to strike out the existing notice of motion for
new trial (such motion to be made at some
1rdehn1te t1me) is granted, and upon the
! grounds stated by him. to wit: That such
document is scandalous, impertinent and con-
ta1ns many allegations which are, in fact un-
| true, and also that 1t does not conform with
| the order heretofore made in regard to the
making and filing Of said notice.
1t is further ordered that if a motion for
new trial be presented and argued one week
from today, either upon the minutes of the
court, or in any other manner, that a re-
spectful and proper and polite notice on the
grounds OF such motion (whatever they are)
be served upon the learned county attorney Of
this county on or before Wednesday next at
noon; and this notice must particularize as
far as possible, the errors of law which are
assigned by the defendant, and which will be
rened upon as a basis of motion for a new
trial. However, this order will not be strictly
construed, and will not restrict the counsel
for the defendant to errors of law specifically
urged, but they are required in good faith to
allege them as far as possible
That the motion for sentence is held under
consideration until next Saturday morning at
10 O'Clock, when the matter will be considered
further. And meanwhile the defendant is al
lowed to go at large the bail and security
already given, which is continued in force.
Now, do you think Of anything else. Mr.. Coun-
ty Attorney, that is necessary to be done?