The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-03-05
NOTHING TO 1T AFTER ALL.
Case Against Leon M1chae1s Dis
charged on It's Merits.

When the Leon MiehaeIs assault and bat
terry case, which has caused so much dis
cussion in the corporation attorneys depart
men, was finally called for trial in the munic-
ipal court yesterday afternoon. Assistant
County Attorney Zollman, whom it was
derstood was to prosecute the case, quietly
left the court room, and Judge Orr inquired
for Attorney John E. Hearn. AS Mr.. Hearn
approached the clerks desk Judge Orr said:
Il am informed Mr.. Hearn, that you are
to represent the county attorney in this case
and to conduct the prosecution. If my in
formation is correct we will proceed with
the trial"
This is the first 1 have heard of any
such arrangement said Mr. Hearn look
Ing about for Mr.. Zollman, but the door had
closed on that gentlemans retreating figure,
and Mr.. Hearn continued, 81 did not know
that had any right to prosecute this case,
Dut under the circumstances, with the con-
sent Of the court, | will do So" Mr.. Open
helm was present as the representative of the
corporation attorney, but no suggestion was
made that he undertake the prosecution Of
Mlcnaels, and, when, during an exchange
OF caustic pleasantries between Mr.. Hearn
and Attorney McCafferty, Michaels' counsel,
as the trial progressed, the latter referred
hired prosecutor" Mr.. Hearn mildly OBJ
jected to the apellation and let it go at
that After two hours spent in examining
witnesses among whom was City Attorney
Darragh, called by the defense, Judge Orr
ordered MichaelS discharged.
Percy Hagan detailed on the stand that
Michaels had visited the family home, IA
Douglas street. with an enlarged picture
which he refused to leave until SIZE due on
the portrait had been paid. Michaels he
said, had endeayored to have his mother
sign note for the amount due, and when
she refused, tried to leave the house with
the picture. Both the boy and his mother
grabbed the picture, and scuffe enSued
The boy then locked the front door of the
house, and as he did So he claimed MichaelS
struck him on the head, knocking him against
the door frame and cutting his lip.
Mrs. Hagan, being called, corroborated her
sons testimony.
Michaels swore that he had not struck
young Hagan. He said he endeavored to
leave the house with the picture and that
the doors had been locked. While he was
standing near the front door Mrs. Hagan
had brandished a stove poker in his face
and declared he would never get out alive.
Then young Hagan, who is slight youth
sixteen years old, Michaels said, attempted
to tie his arms with a rope.
City Attorney Darragh testified that on the
day of the trouble Michaels had visited his
office and told him the circumstances of the
case.
What was the condition of Michaels' hands
at that timer" asked Mr.. Hearn.
Torn and laeerated,'' replied Mr.. OAR
ragh, glazing at the questioner.
When the case was closed Mr.. McCafferty
attempted to go into it's history before Judge
Twohy, but the court stopped him short
with tho statement that that phase of the
matter had no bearing on the merits of the
charge against Michaels, and said that in
view of the conflicting testimony, he must
discharge the defendant