The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-01-29
CLOSE s MINNEAPOLIS OFFICE
20 WASHINGTON Az. SOUTH.

MINNEAPOLIS,O jan 2S.-The case against
A. B. Cushing charged with the murder of
DR.. W. NJ Ormond, came to an abrupt close
this afternoon. when the jury, under the direc-
ton Of the court, returned a verdict of not
guilty. Judge Pond net only directed the YER
dlcI, put stated that on the showing made
there should never have been an Indictment
and that the case should not have teen
brought to trial.
When the case was resumed this morning
the state offered some additional testimony
but before the noon recess rested. The de-
Tense moved TO dismiss the charge There was
little doubt as TO the finding OF the court and
TO save time the arguments were not post
poned until Monday as had been understood.
but We're heard in the afternoon.
Judge Jamtson made a short argument
upon the well known rule of law that in cir
eumsJantaI cases the state must show
state of circunH tances inconsistent with any
theory other than the theory of guilt. In the
case at bar. even admitting that al the evil
dence was true, the case showed suicide more
readily than murder. The body was found
lying in 4 perfectly natural position on its
right side. the head resting upon the hat
which was laid upon the arm. In the poeketS
was large bottle. and small vial, which II
Was not disputed contained poison. The state
had shown that above the arm that was
mutlatsd there was hole in the straw. prob-
ably made by animals, pigs. as the evidences
appeared 70 show. The state had shown moth
ing but the bare fact that before DR.. Ornaond
disappeared he was seen in the company OF
Cushing.
County Attorney Reed made no argument,
saying that the court waJ we'll aware of the
law. He said he had taken the case as it came
TO MIN from the former county attorney, not
setting himself as better qualified 10 Judge
or the value of the case than another county
attorney, or the grand jury. 1t had been his
duty to try the action and he had done so TO
the best OF his ability. and in as fair a man
ner as possible. He had simply followed out
the Inc OF duty it seemed clear to him
and the court would know what to do with
the case
In discussing the case the court said: THE
motion. to dismiss viii be granted for two
reasons
FF1rst-There is an entire absence of any
motive on the part of the defendant for the
commission Of this crime. Moreover it Goes
not appear from the evidence that there was
ever any serious difficulty or trouble exist
ing between the defendant and the deceased
Second-There is no evidence in this case
so lar as reeollect, and l have paid yer,
con tent, or which is not entirely consistent
with Mr.. Cushings innocence. There il not
single fact here which may not be con-
csded and be held to be true and at the
same time conceded and be true that Mr.
cushing was entirely innocent of the crime
The evidence as il has appeared in this trial
never warranted an indictment found at ALL
So, it seems to me that taking this case
from beginning to end, 1t is certainly not only
weak, but IL is weak that il never should
have come into this court"
Judge Jamison preferred not to have dis
m1ssal from the bench, and moved for direct
verdict from the court. The court granted
the melton, and Juror Cargin, as foreman,
made the return Of verdict of not guilty
Each member Of the jury shook hands very
heartily with the defendant and the attor-
neys.