The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-01-19
PUTT Oh MARKHAM
PECULIAR DISMISSAL OF a POLICE
COURT CASE INVOLVING
j. c. GARDNER.
ZOLLMAN SAYS HALL Din 1T.
KALI SAYS HIS ACTIONS WE'RE
DIRECTED By THE CORPORA
TION AT"TGISIIGY.
POLICE TALK ABOUT 1T FREELY
Say There Ia IA .NigSer In the Wood
pile" and They want 1t
Pulled Out.

A war is on among the police depart
ment, the city attorneys office and the
office Of the county attorney over the
dismissal of a case in the municipal
court last Thursday, and charges are
freely made that undue influence was
allowed to prevail in the case, and that
the matter was fixed" from the time
the arrest was made. The response
bility for the alleged irregular proceed
ing is placed, by those concerned, upon
Assistant County Attorney Zollman,
and by him in turn upon City Prose-
cutor Hail. Mr.. Hall passes the mat
ter on one step farther by saying that
he acted under instructions from Cor
poration Attorney Markham. The po-
lice department is the aggressOr in the
pending row, and the officers who made
the arrest declare that a full explana-
ton of the dismissal Of the case will
be demanded.
The case in question is that of j. G.
Gardner and a female companion, who
were found in a boarding house on
Fourth street. near Exchange Nov. o.
nearly two months ago. The arrest
was made at the request of Gardeners
her and their two children over a year
ago and has since been more than at
tentive to the woman arrested with
him Nov. %. From the day of the ar
rest every effort has been made to keep
the affair out of the papers, and,
| through leniencv somewhere, the case
was allowed to drag along without a
hearing until Dec. 20. when. it is al
legged, by reason of more of the hidden
| influence, the case was again continued
until Jan. %. Last Thursday, Assist
| ant County Attorney ZOllman appeared
before Judge Orr and requested that
| the case be dismissed. This was done,
and gives rise to the charges and coun-
| tercharges of bad faith. Lieut. POthen,
Lieut.. Boerner and Sergt. Davis, who
| had charge of the case for the police,
claim that the dismissal was without
| their consent or knowledge. and unhes-
| itatingly declare that the case was
"railroaded" through, purposely, in the
| interests of Gardner and the woman.
| They declare it an outrage and without
| precedent for q case to be disposed of
in such manner, and they claim they
| have evidence to prove the charge on
which the arrest was made.
"Such action is palpably a manipula-
! ton Of court procedure" said Lieut..
| J
| the discharge of Gardner, land you can
| be sure an explanation of the matter
will be demSnded. There is a niger
! in the WOodpile somewhere, and l think
I know where it is. There has been an
| effort all along to shield Gardner, and,
while the police have no desire what
ever to prosecute him or anyone else, [
| insist that the dismissal was not right.
! There is plenty of evidence to prove
| the charge, and why the case should
! be called before the time set without
| the officers who made the arrest know
| ing anything about it, certainly looks
! queer"
Assistant County Attorney Zollman
| vindicates his course by shifting the
blame upon the city legal department.
! He says the first complaint against
| the couple alleged a state offense. This
| Mr.. Zollman says, he found from inVes-
tigation would have been difficult to
| prove. He says he wanted Mr.. Hall to
| lodge complaint on the charge of dis
orderly conduct and dismissed the
| state charge because it could not be
established, and thinking that Mr. Hall
would prosecute under the charge Of
disorderly conduct. The penalty in
either case is the same. Mr.. Zollman
says, being fine of $100 or ninety
days in the workhouse, and, according
| to his views, conviction under the mis-
| QefneanOr act 1nucn easier. Mr.. Hall
! refused to issue a second warrant,
Mr.. Zollman says, and gave as his rea-
| son that he had promised someone"
| net to do So Mr.. Zollman says he then
told Mr. Hall if he did not prosecute
the case under the disorderly charge
| that he would himself take the matter
out Of the city legal department and
! did So
City Prosecutor Hall admits that he
| refused to issue a second warrant for
the arrest of Gardner, but says he was
| instructed to this course by Mr.. Mark
ham, whose position, Mr.. Hall said, was
| that as the case had first been under
! taken by the county attorneys depart
| ment, this department. should see to
it to a conclusion and not try to Shift
| the responsibility on some one else.
When Mr.. Zollman was informed of
| the above statement, he declared that
| there was an effort In the city legal
! department to protect Gardner, and
that he would Illustrate it if possible
| by at once securing warrant for the
arrest OF Gardner and his companion,
on the charge Of disorderly conduct
| That was Monday. but nothing of the
| kind had been done up to last night.