The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1897-07-09
CONTINUED UNTIL MONDAY.
Arguments Made In the Case of q. M.
Henderson Saturday.
His Attorneys Protested Against
Further Delay.

Saturday was the day set for the pre-.
liminary hearing of G.. M. Henderson
on the charge of arson in the third de-
gree. He was brought down from the
jail at 1000 a. m, and appeared much
thinner than when taken there three
weeks ago, and said that he was not
feeling very we'll.
When the case was called, Attorney
Evan Hughes moved for cOntinu-
ance of the hearing until some day
next week, as the county attorney
could not be present today.
w. N. Plymat, who, with VIM. F.
Hughes and w. B. Torrey, appeared
for the defendant, said that the case
had already dragged on three weeks.
The defe ndant not having an attorney,
the state had been enabled to secure
this long adjournment. The county
attorney had been importuned to take
the matter up before, when he had
eight or ten vacant days and the court
was willing. 1t had been star
chamber proceeding.
The court interrupted the speaker
to deny that there had been any star
chamber proceeding on his part.
Continuing, Mr.. Plymat said that
he had referred to what the county
attorney had done and was combining
himself to facts. He suggested that
Evan Hughes could appear for his
brother, the county attorney, in this
case as well as other cases.
Evan Hughes replied that the OBJ
ject in setting the case so far ahead
was to bring it past district court,
which is still in session. The county
attorney had made the Investigations
in the case, which is very important
one. The city is stirred up over the
indendiary fires to such an extent
that rewards have been offered for the
conviction of the guilty parties. 1t
would be great wrong if the county
attorney was not given the chance to
prove what he expects to prove. The
case is one requiring great deal of
consideration.
VIM. f. Hughes said that the de-
PENDANT had not been arrested on the
charge of setting all the fires in the
city. This case only charges setting
fire to the barn of Adam Jefferson. 1t
ought not to take very long to get the
evidence together. The court will
not hear any evidence regarding other
fires insthe case. The defense was
state was able to, and would then
consent to reasonable continuance.
1t is fair to let the defendant hear
what evidence there is against him.
The speaker said that he did not
know who A. E. Miller is, who signed
the complaint, and didn't know that
anybody else does. He should be put
on the stand so that we may know
who he is. The county commissioners
have urged that the county attorney
hasten the case, as the defendants
family is destitute.
Judge Shissler said that the circum-
stances of the case put the court in
somewhat of dilemma. The defend
ant ought to have his hearing, but
the court would meyer consent in ad-
vance to try the case by piecemeal.
Mr.. Plymat said that it was not in
tended to try the case by piecemeal,
but to let Evan Hughes 90 ahead with
it for the state as far as he could
Evan Hughes said that his brother
and Mayor Pau had held consulta-
tions about the case at which he was
not present, and he did not feel COM
petent to 60 on with the case.
The court said that sometimes mat
tiers could not be crowded. He wanted
the defendant to have fair show.
Great responsibility rests on
the county attorney, and he
is an aid to the court. 1t would be
wrong to go on now with the case,
while he is trying case in the dis
trict court. The case would be given
precedence over any civil case set for
next week. The charge is one of some
Importance.
w. B. Torrey said that there were
other questions in the case besides
the rights of the county attorney and
the state. He spoke of the right Of
individuals to enjoy liberty, and said
that the laws and the constitution
grant speedy trial. Not sufficient
showing had been made by the state
to keep the defendant longer incar-
cerated. The county attorney has
had ample time to proceed with the
case. He had time to 60 to the Su-
preme court and by his eloquence
alone cause that court to set aside a
decision of one of the ablest judges in
this or any other state-our own Judge
Severance. Sometimes animosity,
conspiracy or the hope of reward cause
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