The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-01-16
GIVES HIS EXCUSE
COUNTY ATTORNEY ANDERSON IS
SUES STATEMENT ABOUT
BURNS INDICTMENT,
WHICH DIDN'T HOLD WATER.
PROCEEDS TO QUOTE SOME SEC
TIoNs OF LAW Which, HE
THINKS,
MAKES HIS ERROR ExcUsABLE.
Seems to BE SmartinG Under the Re-
cent Ruling of the District
Court Judge.

County Attorney Anderson has re-
quested the publication of the follow
ing statement concerning the indict-
ment of Harry Burns for perjury,
which Judge Willis held was not suf-
ficient in law:
IN view Of the fact that some insinuations
OF incompetency have been made against the
county attorneys office by reason of the al
legged failure Of the perjury indictment in
the case of the State Of Minnesota vs.. Harry
Burns owing no doubt t. the prominence given
by the press to the decision of Judge Wi lis,
I feel that it would be no more than fair on
tho part of the press to give publicity to our
side of the question, especially in view Of
the fact that the indictment in question is
in the form prescribed by statute, which form
has been upheld by the supreme court Of
this state
Form number "a of section 1899 General
Statutes Minnesota 1894, is as follows: ION
his examination as a witness duly sworn to
ton in the court of - between c. D.,
plaintiff, and E. F.. defendant, which court
had authority to administer such oath, he
testified falsely that Stating the facts al
legged to be false), the matters so testified be-
Ing material, and the testimony being wi
fully and corruptly false"
In the case Of the State VS.. Stein, As Min
nesota, page 466, the indictment was in the
form of the statute l have cited, and as
follows; Henry Stein is accused by the
grand jury Of the county of Wright and state
of Minnesota. by this Indictment, of the
crime of perjury. committed as 70 lows: The
said Henry Stein on the seventh 9TH day Of
February, A. d. 1891, at the town Of Mon
tiCe1o in the said county Of Wright and
state Of Minnesota, on his examination as a
witness, duly sworn to testify the truth on
the trial of a civil action in the court of
Wallace Sawyer, a justice of the peace, be-
tween Clarence A. French, plaintiff, and
Henry Stein, defendant, which court had au-
thorty TO administer the oath, he, the said
Henry Stein, testified falsely that he directed
Mi. Merz only to charge reasonable COM
pensation for the work and labor Of making
loans and extensions l gave him no other
directions He further testified: 1 never told
Mr.. Merz that he must charge the same COM
missions for extensions he did for the
worth as much for the extensions it was
for the original loan. Further I never told
Mr.. Merz that he must make them pay cam
missions if a note was past due and paid, =
the matters SO testified being material and
the testimony being wilfully and corruptly
false, contrary to the form OF the statute in
such case made and provided and against
the peace and dignity of the state of Min
nesota.
Dated at Buffalo, in said county of Wright
and state Of Minnesota, this Sd day Of June,
A. D. 1891
good and also the form, No. "a Of section
IN drawing the Burns Indictment, the pre-
scTibed statutory form was faithfully follow
ed believing that we had right to rely upon
the plain provisions Of the statute, the de-
cisons of the supreme court Of this state
ard the footsteps of our predecessors in Of
flee.
No disrespect to Judge Willis is intended
All we desire to say is in explanation and
justification and is summed up in this; that
If the provisions of the statute and the de-