The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1896-03-26
HOT FOR PIERCE AND PECK
Ex-County Attorney Madigan Is
After the TWO Lawyers
for Conspiracy.
Three Affidavits, Startling DoCu.
mentS, from Honorable
Citizens.
Geo. Houghmaster SWears That
Mddigan Never Commit
ted Perjury.

A remarkable legal proceeding, the
first of the kind in the State of Min
nesota, if the statement of an attorney
is correct, was commenced last Thurs
day. On the evening of that day pa
pers were served on. County Attorney
Clague and on Hon. Henry w. Childs,
attorney general of Minnesota, asking
for writ of error corem nobis in the
case of the State of Minnesota VS.. Mi
chael M. Madigan, arrested and con-
victed of perjury, a little over two
years ago. The conviction was fol-
lowed by sentence to hard labor at
Saltwater for three years and three
months. The writ in question asks
that the verdict of the jury which con-
victed Mr.. Madigan be set aside and
annulled and the sentence and convic-
ton set aside and annulled and de-
clared void.
The writ is made returnable before
Judge Webber in chambers at New
UIm next Saturday, March 2Sth. A.
G. Dolliff is the attorney for the pc
titioner.
This remarkable document is in
| typewriter form and is voluminous.
1t is made up, first of a petition, Sec
ond statement of facts by the petit
toner, and third by three af6davits
from three prominent citizens of this
city, DR.. VIM. D. Finn, George
Houghmaster and Tillson Tibbetts
all of the affidavits being startling in
their nature, and any one of them suf-
ficient, it seems, to grant the request
of the petitioner. The petition, state
ment and affidavits are thunderbolts
to those people instrumental in bring
ing about the conviction of the ex.
county attorney, who forced him te
resign his office and afterwards wit
messed or heard of his sentence te
penal servitude.
It will be remembered that at {
meeting of the county commissioner:
held in the fall of 1898, after Mr.
Madigan attempted to have Auditor
Anderson endorse warranty deco
with "taxes paid and transfer entered,
it was voted to remove Mr.. Madigar
from his office on the charge of NAL
feasance. At that time S. L. Pierce
of st. Paul was engaged for the pur
pose and the proper document to pre-
sent to the governor was prepared
and submitted to the executive. Lat
er referee was appointed to take
testimony.
But when the grand jury convened
for the November term of court Judge
Webber charged the jury on the ru
mors then floating around involving
the county attorney and instructed
the jury to investigate the same. Az
a result of this investigation the jury
returned four indictments against Mr.
Madigan, one of them being for per.
jury and the others, we believe, fol
forgery. The trial came off at New
Ulm, after H. J. Peck, attorney tol
the county attorney, asked and was
granted change of venue. This trial
was in February, 1894. The State
then took for trial, what it considers
its strongest case against Mr.. Madi.
gan, that of perjury. This was in con
nection with the assignment of Hell
geson & Mogen at Belview. It will be
remembered that the testimony
showed that that firm gave an alleged
fictitious note to Peder N. Romnes fol
$500, on which Madigan commenced
an action whereby Helgeso6 & Mogen
we're and did assign. The action was
in the nature of an attachment pro-