The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-05-13
NO CRIME TO ASK A BRIBE
SAYS THE LAWYER FOR DEFENSE
AND THE JUDGE WILL LOOK
TT UP.
STATE HAS GOOD WITNESSES
Mr.. HnIvOrsOn Tells a Plain story
of Mr.. Durnam's Little
Request.


liam Gay, Dayton, farmer; Wllilah
Urquhart, 1924 Logan avenue, carpeh-
ter; C. Chandler, Osseo, farmer; Al
bert Jordan, Golden Valley, farmer;
/ Harry F. Newhan, secretary Home
Savings and Loan association; Louis
Hegner. Cedar avenue. merchant; Mel
vim Bailey. Eden Prairie, farmer;
Arthur Mott Central avenue. tobac-
canist: Irving o'Meara, Greenwood
farmer; Hiram Gibson, real estate deal
or TEMPLE Court; H. o. B. Harding,
with Washburn Crosby company, lives
at 1920 Pleasant avenue; Isaac. q far-
we'll. grain dealer, 2214 Fourth avenue
| south
The Durham trial was begun III
earnest yesterday, the last Oh the
twelve jurymen being chosen shortly
before noon. Only two witnesses were
examined during the day, but the ue-
/ Tense developed a surprise In hlolioii
to dismiss on the ground that to offer
or accept a bride did not constitute an
offense.
The case opens this morning at TINS
very critical point. The court has taken
time to rule upon the motion made py
the attorney Off the defense. MT.
| Harrison was very plain in his IAN
euage. and has laid down the PROPOSE
| ton that it is not crime IN MIN
| nesota. for an alderman or other publlc
official, to go about the streets hawking
his vote, unless he secures purchaser.
There was evidently something IN the
argument. for Judge Jamison mas
taken it seriously under consideration
and will decide this morning, Whether
or not the aldermen are to be allowed
in future if they so desire, to openly
peddle their patronage to the hlgneSt
bidder, should they be inclined that
way According to the Interpretation
of Mr. Harrison, it is an offense to ask
a bride bride if the scheme be accepted,
and therefore the crime consists, not
in the official making the offer, but in
the tempted party accepting.
This is the point to be decided, and,
if it is against the defense, the state
apparently has some strong evidence,
judging by the opening of Mr.. Smith,
and the first evidence of Mr. Halvor-
son.
Assistant County Attorney Smith
opened the case on behalf Of the state.
He was short and to the point. He
claimed that the defendant had made
a direct proposition for bride of $l0,-
600 to both members of the firm, on
4 different occasion.
AS Mr. Smiths story ran, IN the
spring of 1895, there was report SUE
| mitted to the council by the city en-
gineer, showing that certain, reservoir
work could be done for about S250,0OO
/ There was also a report on finances,
and the matter was referred to COM
mittee, consisting of an alderman from
! each ward, to act upon the communlca-
ton of the engineer. This committee
recommended that a contract be let
for the work. Bids were received and
the bid of Holversen, Richards q Co.
of $150000, was the lowest received
Another committee was appointed, con-
| sisting of an alderman from each ward.
the city attorney and city engineer
/ This committee submitted two reports,
the majority report favorlng the DONG
of the work by day labor, and the mi
nority by contract.
The council met and in spite of the
fact that the city would have peen
saved something like $4,000 by the
contract system, the majority report
carried. Just prior to the action OF
the council Aid. Durham met Mr.. Hal
vorsen, and. in a conversation held Win
him. stated that he could fix it so that
the firm could get the contract. he
outlined the manner in which the cOun-
Gil worked these matters, and stated
that by their system, it would cost
$4,000 to get the thing through, Of
+ fering to do it for that amount
An appointment was made and Dur
nam met Halvorsen and Richards a
the Nicollet house and an appointment
was made for the next day, the Day
before the council met At that meet
ing, Durham came down in his hgures
to S. co., after which the parties stated
that they didn't care to accept the deal
and would rely on the cheapnesS OIL
their contract to secure the work.
After the opening. the states attorney
tried to introduce preliminary proof IN
the shape of the records of the fact that
Durham was an alderman, When Mr
Harrison objected to any evidence, on
the ground that the Indictment did not
clearly set forth the charge in several
particulars He argued that the de-
Tense had the right to be made aware
of all the particulars of the charge
an element which was lacking in tn
indictment.
, Mr.. Harrison made several points
chief among which were that the nfiI
could not be named in the indictment
as an individual. and that there was
! no crime in simply asking for bride
) The statute provided that punishment
. should be inflicted for the agreement
+ to receive tgfhes: wh.chstWa ROUTE
/ different thing. MIR. Petersen admitted
that the state could not prove that thele
, had oeen an agreement to receive be-
tween the parties, and if Mr.. Harrison
view of the law was correct, then ths
state could not grove an offense. Judge
Jamison ordered a short recess, while
he looked UP the Jaw III the case, bu
after time was compelled to reserve
his decision until later. and take evil
,lence. in the meantime He though
that there was noting III the first point
! and was OF the opinion that if thu
official agreed to receive the bride, u
was not necessary that the other party
should also have agreed, but he wanted
time to consider.
The state then proceeded with the
documentary evidence. Assistant Cit!
Clerk Chaplin being sworn TO identity
the records of the council. The dlfferen
moves of the council connected with thu
: reservoir work made exhaustive read
ing. but were all admitted until it came
to the meeting when the bids were acted
. upon. Mr.. Smith read lengthy
schedule of bids from different contrac
: tors on the reservoir Job offered piece
+ meal, showing that Halvorson, Richard!
/ & Co. were the lowest bidders, wheI
i; the defense objected on the ground tina
the schedule was made up after the
{ | meeting, and was not evidence. The
court ruled with the defense, and the
| state was obliged to alter it's course o.
testimony, in order that the time NIGH
5 be consumed until today when tht
original bids could be secured
: Peter Nelson. now alderman from tht
Eleventh ward. was sworn and testified
that he knew both Halvorson and Dur.
nam. "On May 2, 1885, he said. &c
was on Nicollet avenue with Mr. Hal.
. vorson, when I saw Durnman come