The Saint Paul globe., 1897-06-09
ROGERS IN TIE AR
ANOTHER SENSATIONAL INCIDENT
IN CONNECTION WITH CONGRESS-
MAN STEVENS TROUBLES.
HIS CASE CALLED YESTERDAY.
QUESTION RAISED AS TO THE REGU-
LARITY OF THE DRAWING
OF JURORS.
WAS THERE ANYTHING BACK OF 1T
Clerk of the Courts Thought Some
thing Was Being Attempted
Over His Shoulders.

lost his temper yesterday afternoon. lie
took no pains to conceal his wrath,
and County Attorney Anderson, whose
action disturbed Mr.. Rogers, knew how
Mr. Rogers felt. for he received the
information first hand.
1t was another Of the sensational in
cidents that have occurred in connec-
ton with the troubles of Congressman
F. c. Stevens. The case of the state
against Mr. Stevens had been called
before Judge Lewis, and the work of
selecting a jury had progressed for an
hour or so. 1t was sort of funereal
affair from the start. The congress
man was surrounded on al sides by his
political friends They were temporar
lily against him, because justice de-
manded it. But he had other friends
who, while they had not been his po
litical friends, are now engaged in the
work of trying to clear up what the
grand jury regarded as case of
bank official apropriating to his own
use the funds of the bank.
There was County Attorney Ander-
son. whose heart went out to the con-
greSSman, and there, too, was that emil
nent statesman and coworker of all
good Republicans, Fred Zollman. They
had helped to elect Mr.. Stevens, and
Mr.. Stevens had helped elect them,
and there you are. Now justice plac-
ed them on opposite sides of the table.
But beside Mr. Stevens was Pierce But
Ter, past master in mysteries of GRIM
inal Jurisprudence, and with him the
far-seeing and cautious J. M. Haw-
thorne.
Stevens 3ympathizers sat on al sides
watching developments. when the
name of a prospective juror was drawn
from the box. The name was George
Upper. One or two questions only
were asked by Mr.. Butler before the
fact developed that Mr.. Upper was
drawn and served on jury less than
seven months ago. Mr.. Butler may
have been watching for some such
thing to happen or just naturally saw
that such thing was something that
ordinarily should not be expected to
happen. He at once called Deputy
Clerk Fitzgerald Ito the stand, and
from him learned, that when the list
pretty nearly exhausted it has been
the practice of the court clerk to place
some more names in the box. So that
while Mr.. Upper might have been
selected by the proper authorities to
serve as a juror way back in 1894, if
his name had not made it's appearance
when the time came to replenish the
supply in the box, it might again have
been added to the list
Then Mr. Butler read a little law
showing that when a panel of jurors is
drawn and placed in a box the law
meant an empty box and not
stuffed" one. He challenged the whole
panel. ,.,.... .,..
The announcement was a body blow.
County Attorney Anderson sat like
man in a trance, and Mr.. Zollman
locked wise. Tt seemed as if Mr. An
derson was going to allow the chal-
lenge to go without a mu1tmur. But
meantime Mr., Rogers had appeared.
One of his deputies whispered in the
clerks ear and Mr.. Rogers moved his
chair a little closer to Mr. Anderson.
There was some whispered but half
angry words uttered. Mr.. Rogers said
something about exposure.
Mr. Anderson finally had to rally
and, addressing the court, said he
would show that such had been the
practice of the court.
But Mr.. Butler finally decided not to
press the challenge and the enlbarass-
ment. passed away. Five minutes later
Mr.. Rogers descended in the elevator
with Mr.. Anderson and in the most i'm
proved, if not elegant language at
his disposal, told the county. attorney
that if he wanted to let Stevens off he
could nolle the case. but he, Rogers,
would not let him do it by. bringing
his Office into disgrace. He simply
wouldn't stand for it for any man. That
elevator trip was one Of the hottest that
has taken place in the court house for
many months.
There We're several little things in
Al
trial Of Congressman Stevens that were
at least interesting. AS soon. as Judge
Lewis had decided the Scheffer indict-
ment void and had sent the grand jury
back to work, without Juror Lind
qUist, the case of Mr.. Stevens was
called. Mr.. Butler, always calm and
dignified, arose and asked that the
trial be allowed to go over till today
in order that a consultation might be
held with the prosecution on the
grounds that certain indictments have
been held void by the state, and that
the state should refuse to proceed
! against any man on void Indictment.
He thought the county attorney would
| take that view of the case.
The court waited a second, and as
the county attorney for some reason
didn't say yes. or no. the court with
just touch of impotence, pushed his
|. paper pad aside and said: '"The case
! must proceed at this time. The jury
calendar for this term is so crowded
that the court ought not to waste any
time unnecessarily"
So the work of drawing jury be-
gan. It progressed without special
incident and with fewer challenges than
are usually found necessary, until the
| following eight jurors had been &C.
cepted:
Adolph Guerin, butcher.
Bismarck Won Wedestaedt, printer.
Michael ]. Williams railroad man.
! Frank Jansen, railroad man.
James E. Robertson, sa.seman American
/ Ringer company. .-'- '-'i- So
Orville f. Wood clerk Northern PaciiHt FIX
press company. .=,S-1
| j. K. Bowers, farmer, Rosetown.s .
! Robert Iberg, blacksmith.
| Then the name OF George Tipper came
out. AS heretafore stated Deputy Clerk
4. of the Courts Fitzgerald was called to
the stand. and briefly explained the
method of selecting and drawing out
the names of jurors. When he had
! got that far, Mr. Butler arose and
informed the court that the name of
a man had come out of that box that
had no right to be there If 1t had been
! drawn out seven months ago He would
challenge the panel.
Mr.. Anderson suggested that the
challenge be put in writing. While Mr.
Butler was busy writing 1t out was
when Mr.. Rogers got Mr. Anderson's
ear. Mr.. Butler leisurely wrote thrae
| pages and then read them over to Mr..
| Stevens and Mr.. Hawthorne They
whispered and thrice Mr.. Stevens look
| ed around over the faces Of those in
the court room. They whispered a
| little more and then Mr.. Butler arose
| and said he had drawn up his cbaI-