The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-07-19

er, the Sheriff Feels 1t Incumbent
on Him Not to Surrender His
PrisOner--COmpIai Witness
Wants Him Kept In jail.
John JurgenSon, who delivered him.
self over to Sheriff Wagner as a pris-
oner at the county Jail July s. now
wishes that he had not been quite so
previous. Jurgenson was ordered by
Judge Bum to pay to Hattie Miller
the sum of $3.50 in series of INSTALL
ments, and in case he should not pay
the judgment the order directed that
he be confined in the county Jail until
the money was paid.
The judgment against Jurgenson was
obtained after considerable trouble by
Hattie Miller, who resides with her
parents at 5S5 Aurora avenue. The
judgment creditor secured a warrant
in the police court for the arrest Of
Jurgenson in March, 1897, charging
him with being the father Of her child,
although no formal marriage ceremony
had been performed After a hearing
before Judge Orr, in which County At
torney Anderson appeared for the state,
and Pierce Butler for JurgenSon, the
defendant was discharged.
Another warrant on the same charge
was sworn out, and in November, 1897
Jurgenson was held to the district
court and the case ordered to be tried
before a jury. By a mistake of either
the county attorney or the clerk of the
district court the case was not put on
the criminal calendar for December
When the case was called before Judg e
Willis the court held that the failure
to place the case on the calendar for
January disposed of it, and Jurgenson
was accordingly discharged.
The complaining witness secured an
other complaint and took the paper to
Clerk Conroy, of the municipal court,
for another warrant. The official how
ever refused to issue the warrant,
claiming that the action of Judge Will
lis in the case was final.
D. w. DOty, who appeared for the
girl, however, took the matter to the
district court and secured a peremptory
writ from Judge Bum directing the
clerk Of the municipal court to issue
the warrant, and taxing the costs,
some SIT, against Conroy.
Early in May of this year the case
was heard before Judge Twohy and
Jurgenson was held to the district
court at the June term. When the
case came before Judge Bum and a
jury a verdict was returned to- the eff
feet that Jurgenson was the father of
the child, and the court issued an or
der that Jurgenson pay to Hattie Miller
$3.50, or in default be committed to the
county Jail.
JurgensOn paid no money, but instead
presented himself to the county Jail
July and was locked up. On July IA
Attorney Stan Donnelly appeared be-
fore the board OF county commission
ers and presented a statement signed
l. T,,r To t1n hot he bo1
no money, but his friends would put
up the sum of $50 to secure his release
not only from Jail. but from the judg-
ment.
The county commissioners held an
executive session and passed a resolu-
ton to the effect that a full settlement
be made for the sum of $50, and that
as soon as the money was paid Jur-
genscn be released from jail
The attorney for Miss Miller heard
of the action by which the county COM
missioners attempted to satisfy the
Judgment secured against Jurgenson
and at once notified Sheriff Wagner
not to release Jurgenson until he had
received an order from one Of the
judges of the district court.
County Attorney Zollnlan, after the
county board had directed the settle
ment of the case and the $50 had been
| paid into the county treasury, appeared
before Judge Bum and asked for an
order discharging Jurgenson. Judge
Bum, however, refused to issue the
order questioning the authority of the
county commissioners to satisfy the
judgment.
Attorney Doty appeared before the
county board yesterday and asked that
the action be reconsidered, but this
was refused. Jurgenson. however, is
still in jail. and it appears the order of
the board that he be discharged is not
recognized by the sheriff. Jurgenson
stated last evening that he expected
to get out this morning, but whether
he will is another question
Attorney Doty claims that the board
of county commissioners has no right
or authority under the law to satisfy
the judgment for $3.50 secured by his
client against Jurgenson for $50, and
that this action could only be taken
in case the child was a charge on the
county, which is not the case The
attorney claims that under the law
Jurgenson cannot be confined in the
Jail for period exceeding ninety days.
but even after that period his client
can still collect the amount ordered
in the judgment, and for this reason
the commissioners have no right to
satisfy the judgment for $50 without
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