The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-05-14
SIXTEEN WERE IN THE DEAL,
IF THE TESTIMONY OF MIR. RICH
ARDS REMAINS MISTAKEN
BY THE DEFENSE.
DEFENSE WILL HAVE AN INNING
Durham Claims to- Have Only De-
manded That the Cash BE Put
Up as Earnest Money.

AtiS ot0SS AA1o
the state against George A. Durham
and at the opening of the defense il
looks very black for the alderman OF
the Third ward.
Late in the afternoon Judge Jamison
struck the blow that shattered all the
hopes of the defense for the time De-
ing. 1t had been hoped all along thai
the investigation Of the court would
bring about a dismissal, on the motion
of the attorneys for the defense. They
relied chiefly upon their claim that the
county attorney had erred in using the
firm name in the Indictment. 1t read
that a bride had been asked from
"Halvorson, Richards & Co." 1t was
| claimed by the defense that criminal
law knew no firm, and hat therefore
the state could not take evidence ex-
| cept from one member Of that hrm.
In denying the motion, 1t leaves une
| defense fighting ground only upon the
| facts in the case as brought Out py
the evidence.
What that defense will be was par
TALLY outlined by the questioning OF
Mr.. Halvorson. According to that
questioning, MI. Durham will not deny
having spoken of $4,000, but 1t Will be
claimed tina he only meant to "a that
the firm must put up the $l0,OOO as an
earnest that 1t would give the work to
Minneapolis people. It was insisted
that Durham had said to Halvorson
that he would get the money BACK,
meaning If he failed to secure n con-
tract Haney would return it to him the
same as to others who had put up
money when they bid.
Regarding the evidence Of Richards,
which was pointed in the extreme, the
defense is ready to claim thai
has an old grudge against
and they will produce ex-Ald. Jen-
nings, who, with Durham, will DE pre-
pared to swear that they were taken
to the rear of the city hall the evening
of the first conversation between Rich
ards and Durham, and that there
Richards said he had drawn $4,000 from
his bank and had it in his safe, ready
to give the aldermen If they would
give his cause a lift. That is the de-
Tense outlined by the cross-exam1na-
ton of the states witnesses, but as
the defense did not outline their case
to the jury at the opening, they may
change their minds.
AS for the defendant, he appears to
be in the best of spirits, n even When
Aid. Rand came in and took him by
the hand. it was impossible to brighten
his look more. In spite of the evidence,
which, unless contradicted. stamp
Durham and his colleagues as banter
ers Of honor, and traders of their Of
fetal votes, he is happy, and vouches
for his ability to show a different state
of affairs when his side Of the case is
all In.
The testimony Of Mr.. Halvorson, the
senior member of the firm Of %contrac-
tors was hating and unsatisfactory
and somewhat uncertain, but none OF
those things could be said OF Mr..
Richards testimony, which was as
snappy and direct as could have been
asked. He didn't mince words, and
when asked point plank about wnetneT
he had made an offer to the accused
in reply to his $1O,0 proposition, re-
plied after some natural hesitation
that he had said if the aldermen would
accept Sc, 200 he would see what could
be done about it. The most sensational
part of his testimony came when he
repeated the statement which he claims
Aid. Durham had made to him as fol-
lows:
"There are sixteen of us in the deal, and
we want SIS, 900. We have agreed that none
of us shall get anything unless we all 40.
It will be all right to leave the money with
City Clerk Haney. We have s24, 600 on de-
post there already. We will not accept
$4,000. If you want the contract put up
the money"
1I first met Mr.. Durnam," said Mr.. Rich
ards, "about the first of May, 1895. I wa
introduced. to Durham In the Nicollet house,
but had no conversation with him at thai
time. I met him at the city hall the next
H. 41J-ror nc1od hirN ~ he
had had a drink that morning and he said he
had, but could stand another. We went to
the White Elephant saloon and there l told
him that I didn't think we could put up
$40, O00."
"!'Well said he, perhaps I can fix It 50
that the boys will let you have 1t for $4,000.
AS far as I am concerned l would like to
let you have it without any money, but the
concerned, 1t is all right, but there are sixteen
of us in this deal, and they have to
all have a piece of it.
81 can't remember everything that was
said, but we went back to the city hall, and
he said he would have the committee adjourn,
and he did. That afternoon l met him in the
small room, and he said he would bet $lC
| that the committee would find for day labor. y
WAS anything else said when he spoke
of IS, 000?"
mot there. At the city hall, when I met
but 1 don't ~recollect what. 1 did tell him
that we couldn't see anything like $500 in
it. He said we could put # on deposit, and
1t would be all right to put 1t with the city
clerk, for he had 1924, 600 in his keeping at
that time in the same way. for others. He
said we could easily make. up the amount,
for we could fix extras to make it up. ]
told him that 1 didn't see how we could do
that when the bids were made, and he said
ie would be all right, for the clerk would fix
1t, and If he didn't, why they would get a
new city clerk. I said something about So, SOC
as an amount which we might probably
raise, but he laughed at 1t, and said that
wouldn't be near enough to bother about"
Nothing of Importance was brought
out in the croSs-examination In the
| afternoon.
F. C. Chaplin. assistant city clerk,
was called, relative to the reservoir
bids. He lie not bring them, because
they were not in the office of the city
| clerk. or on file. He found the reser-
voir papers, but the bids were lot
among them. MI. Haney formerly had
charge of them.
City Engineer Capellen was sworn
and was shown a blue print OF a
schedule, made up from the bids re-
ceived for reservoir work. He said 1t
was made up from the official proceed
ings of the council. The court ordered
further search for the bids before the
schedule, which was secondary evil
dence, would be allowed.
This morning the defense will open
in earnest, and every possible effort
will be made to save the day by the
counsel for the defendant.