New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1896-04-08
Against
Madigan.
Judge Webber Renders his Decision Deny
ing the Motion.
He Does Not Consider the Defendant Such
Sufferer in the Cause Of limo
cence and Virtue,
That the Court Must Resort to an Antigua
ted Common Law Remedy to
49, Grant Him Relief. .s....

Judge Webber took advantage of All
Fools day to fool Mr.. Madigan. On APP
I'll 1st he rendered his decision on the
latter's motion to have the verdict against
him set aside, and the following is a por-
ton of the text of his conclusions:
All the facts which the defendant seeks
to show under the writ of coram nobis
were or could have been raised on the
motion for new trial. II d party could
move for new trial, and, when that was
denied, apply upon writ OF coram nobis
for new trial upon the same grounds,
there would be no end to litigation, and
all the inmates of the penal institutions
of the state would be petitioners for cor
am nobis.
If the attorney for the prevailing party
was guilty of misconduct, it was ground
| for new trial and could have been
raised on the motion for new trial and
if the defendants attorney was guilty of
fraud or collusion that would have been
surprise that would have entitled the
defendant to new trial. The defendant,
however, does not charge his attorney
with any acts of fraud exec pt that he in
troduced evidence which the defendant
thinks was improper, that he neglected
to introduce other evidence which the de-
fendant thinks would have been to his
advantage, and that he did not otherwise
conduct the Case as the defendant thinks
it should have been conducted. Diff
fcrences of opinion between counsel us
to the best mode Of conducting trials are
not uncommon aud such alledged errors
do not constitute grounds fo1 new trial.
The attorneys for the prosecution and
defense are men of high character, and
am not convinced by the petition and
affidavits introduced by the defendant
that they were guilty Of fraud and collu-
sion.
A party is not allowed on writ IF
coram nobis to contradict or put in is
sue any fact directly passed upon and af-
tirmed by the Judgment itself, but only
scme defect in the execution OF the pro-
cess or some default Of the ministerial
officers. The principal fact which the
defendant seeks to raise is that no oath
was administered to him and that hence
lie is not guilty of perjury.
This is precisely the fact that IS deter
mined by the Judgment and the supreme
Fcourt finds that the defendant expressly
and by every implication admits it by
his own evidence.
The principle cases relied upon by the
defendant in support of his motion are
both cases in which the defendants were
so terrified by mob that they pleaded
guilty to the charge against them and
were taken to the State Prison to avoid
lynching. In these cases the court ex-
pressed doubt as to whether the writ of
coram nobis was the proper remedy and
only granted it because an appeal or mo-
tion for new trial would have been un-
available for the reason that it appeared
from the record that the defendants were
convicted upon their own plea of guilty.
The case was one of extreme hardship
and the court granted the relief because
there was no other remedy. The case at
bar is entirely different. The defendant
has sought relief by motion for d new
trial, and in my opinion, all the errors
of fact and law Of which he now COM
plains were or might have been raised
upon that notion. -
Even 1t t,be true that the defendant,
practicing attorney at law, knowingly
subscribed to a false affidavit and used
it for the purpose Of procuring a writ of
attachment, the tact that the notary pub
lie neglected to administer an oath does
not render the defendant such :, sufferer
in the cause of innocence ami virtue that
a court will grasp at an antiquated and
obsolete common law remedy to af
ford him relief after he has had ample
opportunity to obtain relief on a motion
for new trial.
Jos. Vogel Jr. being initiated in
pharmacy at the City Drug Store.
Henry Neumann, formerly OF this cit
y. has been elected leader Of the Sleepy
Eye Band.