The representative. [volume] (St. Paul, Minn.) 1893-1901, 1897-12-01

sley continued the fight, and procured
the services of Attorneys Roy O. West
and James 7. Ladlow, and the matter
came up for hearing for the first time
before Justice Richardson, to whom a
change of venue had been taken. Since
that date the case has occupied the at
tention of the justice on five or six
occasions and has attracted considerable
attention.
Every makeshift was employed by the
defense to avoid the consequences, even
to committing deed that fell but little
short of forgery. On the first hearing
the defense admitted the correctness Of
copy Of the affidavit which was the
basis Of the perjury charge, but at a
later date brought into court a paper
which was claimed by Ellinwood's at
torneys to be a correct copy. 1t was
far different from the copy which they
had previously admitted was correct,
and this necessitated sending for the
original. Upon comparison it was dis
covered that the purported copy pre-
sented by the defense was far from a
correct one, if not an out and out for
gerry
In the course of the trial the defense
was driven to admit that the affidavit
made by Ellinwood was false, and there
upon attempted to make an escape by
way Of technically. The point was
taken that the affidavit was only upon
"1nformation and belief" and that af-
fidavits of this character could not be
made the basis of an action for perjury,
the theory of the law being that it was
impossible to prove whether or not the
aftiant was in fact Informed" and
whether or not he did "belleve."
JUSTICE RICHARDSON'S DECISION.
1t transpired that there had never
been conviction upon this form of at
fidavit, and at first the justice was dis
posed to hold that no conviction could
be had. Numerous cases, however were
found which held that affidavits on 'in-
formation and belief" were subject to
disproof.
In giving his decision Justice Richard
son, among other things, said: "At first
I was of the opinion that the prosecu-
tiOn did not have any standing in court,
and 1t was great surprise to me to
learn that the law Is with the COM
planning witness. If perjury at all, this
Is peculiarly case that should be Sc
verely dealt with, from the fact that 1t
is admitted by the defendant that the
matter sworn to was false and known
by him to be false. Not only was this
admitted, but no witnesses were pro-
duced in his behalf, and am clearly of
the opinion that 1t is a case which the
grand jury and the criminal court should
deal with"
Speaking of the outcome, Attorney
West declared that 1t was high time that
such men as the defendant should be
taught to know that there was a law
against perjury, and that it could not be
violated at will and with inpunity. Mr..
1nsley and members of the Civic Feder-
alton are much elated over the decision
and although personal interest for MIR.
1nsley was eliminated at the start by
the dismissal of the attachment proceed
ings, he will prosecute Ellinwood to
the end
SHARKS BADLY FRIGHTENED.
"The money sharks are badly fright
ened over the matter" said Mr.. Insley
last night, because they realize that
their main weapon for terrorizing and
bulldozing is being taken away from
them. They are banded together in an
association, and have fought this case
desperately. Hereafter, If Justice Rich
ardson Is upheld, they will have to take
care in order to steer clear of the pen
itentiary. In their extremity they went
to the length of committing something
that was much like forgery, for it was
shown that the alleged copy they pre-
sented Of the affidavit made by Ellin-
wood was tampered with, and was not
true copy. No compromise will %
made in the matter, and if those Shy
locks want to squeeze the life blood out
victims In the future l fancy they
will have to devise some new means.
1T will be Of interest to the working
men to know that the Case garnishment
law, which reduced the householder's
exemption from $50 to So a week and
which has worked so many hardships
was gotten up by the usurious money
loaning fraternity and passed for it's
especial benefit. It was commonly SUD-
posed that it was in the interest of the
Retail Grocers' Association, and in fact
that body was gulled into fathering it
to certain extent, but it was in fact
purely scheme of the money sharks.
I was at Springfield at the time for the
Civic Federation and in the interest of
the primary election bill, and l know
what I am talking about. Since this
agitation began the advertisements of
these people have all been taken from
the street cars, and that is another step
in favor of the reform"
philosopher says: Man was born
to rule in this world. It is believed
that the philosopher was never mar
ried.
Pretty woman was made to be adorn-
od with the most cOctIv ond xuop1cre,,1