New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1896-04-01
nadigan' $
Motion !.
It was Argued Before Judge Webber on
T. Saturday.
Proves to be Case Of Lawyer Against
.a- Lawyer.
Peck Answers Back in Language That is
Plain and Uaustic.
He refers to These Proceedings as the Cul-
mlnation Of Madigan's Villanies.

Among the many things that Judge
Webber took up on Saturday was the
motion of Michael NJ. Madigan to have
the verdict against him, convicting him
of perjury, set aside and annulled. Madi-
gan, smooth-shaven and chipper as ever,
appeared in person as we'll as through
his partner and attorney, A. G. Dolliff.
A long petition was read, setting forth
that fraud had been practiced upon the
court by s. L. Pierce, attorney for the
state, and II. j. Peck, attorney for the
defendant, and that these two ATTORNEYS
had conspired and colluded together to
accomplish Madigan's conviction, at the
same time that they knew he was irno-
| cent.
Peck was charged with wilfully neg
| lecting to bring out certain facts that
we're urged by the defendant and with
suppressing the evidence of Geo. Hough-
master, who testified for the state that
he had administered the oath to Madi-
gan in certain attachment proceedings.
He was also charged with allowing a
large amount of evidence to be received
that was incompetent, immaterial and
pure hearsay, and with demanding that
the defendant take the witness stand
against his wishes. The charge, that
Peck would get angry at Madigan's sug-
gestlons and threaten to withdraw from
the case, was also brought out, as we'll
as the claim that certain persons had
practised fraud on the court by intiucnc-
ing jurors.
The petition wound up with a refer
ence to the ';pertidy and falsity of Peck"
and the argument that the defendant
was not aware of the full import of the
conspiracy until after he had been re-
leased from Saltwater.
Then followed the reading of an atfi-
davit by Geo. Houghmastcr in which he
swo1e that he had never taken Madigan's
acknowledgment to the affidavit referred
to above. An affidavit from Till Tib-
bets to the same purpose was also read
and one from Dr.. Finn to the effect that
Attorney Pierce had told him that if
Madigan had had a good sharp attorney
he never would have been convicted.
This was practically all there was to
Madigan's evidence in favor Of setting
aside the verdict, and the matter was
submitted after reading I. number of au-
thorities to show that the district court
had exclusive jurisdiction in the matter.
Attorney Frank Clague followed for
the state. He argued that inasmuch as
the case had never been remanded from
the Supreme Court, the district court
could have no jurisdiction whatever.
Then he went on to read the affidavits of
S. L. Pierce and H. J. Peck.
Pierce refuted all the charges of con-
splracy, and Peck, in the most positive
language, stated that all of the petition
charging him with colluding with Pierce
to convict Madlgan was false and mali
cious and that Madigan knew, when he
made the same, that he was committing
the crime of perjury. .,
Mr.. Peck further said, that he never
talked with Houghmaster before he went
upon the stand as Il witness for the state
and never informed Madigan that he had
talked with him. He also AYERS that he
did not talk with any witness for the
State during the trial, except upon the
witness stand, but avels that he did be-
fore said trial, talk with Madigan as to
what Houghmaster would testify to in
regard to the administration OF the oatl,
to the affidavit Of attachment, inasmuch
as-he considered tins the Important point
in the case. Madigan informed him that
Houghmaster would not testify that he
did not swear to the affidavit Of attach
ment, and it was by reason Of this infor-.
nation, furnished by Madigan, that Peck
did not examine Houghmlaster, while on
the stand Peck then goes on to say,
that Madigan himself testified at the trial
in the following languagge:s''I had the
affidavit all written out and signed, ], and
handed tito Houghmaster. lon't re-
member just exactly what remark Imade
orhe made, but he asked me if it was
my signature and I told him that it twas.