The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-03-28
JUDGE CROSBY DECIDES PRISON
ER'S SENTENC les WE'RE LIE
GALLY IMPOSED
HABEAs CORPUS IS DENIED
Court Order Entered In Staples d.
VOrce Case Allowing Wife $4,000
AIimOny and Custody
of Child.


by Judge Seagrave Smith and Judge
Pond, OF Minneapolis, Judge Willis agreed
that the sentences were in conformity
with tbs laws cf this state and had moth
ing further to offer. Terry was first sen
fenced by Judge Smith, March %, 1885, to
serve four years and four months for
burglary and after commencing his term
in prison here was taken back to Mime
apolis to stand trial on another indict-
ment. He was adjudged guilty and on
the I'd day of April, 1898, Judge Pond
sentenced him to serve ten years, the
last sentence to begin at the expiration
of the first sentence. There be!rg no re-
lief for Terry he arose In court and told
the judge that he had not asked to have
his case brought in the district court of
Washington county, but had asked TO
have 1t come before the United States
court for the Eighth district He averred
that he had been railroadcd to prison
without due process OF law and that his
term expired as soon as he had completed
his four years and four months sentence.
On the way back to the prison he con-
tinued his cranky utterances and insist
ed that the state would keep him III
prison, no matter what 1t would cost
STAPLES DIVORCE CASE.
Judge Crosby, of the district court, yes
terday filed an order in the divorce pro-
ceedings brought by Lucy Staples against
David Is. Staples, the defendant being Il
son of the late Hen. Isaac Staples, who
died couple of years ago. leaving All es~
tate estimated at about s. 100000 The
parties to- the action were married at
hudson, Wis, May 4, 1888, b. Rev. Will
lam McV eller, Of St. Paurs church A
son was born to them and later the de
PENDANT refused to live with the plaintiff.
The order filed by Judge Crosby gives the
Plaintiff the custody Of their child and
also give her alimony in the sum OF $4,000.
The order states that If the defendant
fails to pay said amount at the time
ordered, the court upon proof of said
TACT, ana application OF said plaintiff, eX-
parte, shall SeQuestTate the personal es-
tate OF the defendant and the rents and
pFohts OF his real estate and appoint a
receiver thereof and cause such personal
estate and the rents and profits Of such
real estate to be applied to the satisfsc-
tlon OF the judgment and decreee The
defendant is also enjoined from 1nakina
any sale or disposition Of his propertV
until the Judgment has been fully salts
he'd In the case of William O. Coles
against A. t. jerks and others. Judge
crosby finds that the plaintiff is not the
owner of certain note in question and
that the note is owned by A. r. Jenks
ana James Mulvey-. In the case Of A. T.
jerks, James Mulvey and E. w Durant
VS.. R. NJ. Coles ct al, Judge Crosby finds
that r. M. Coles is guilty Of contemnt as
charged, and that Coles may purge him
sell OF contempt by complying with an
order made by Judge Williston. In the
case OF A. T. jerks VS.. J. n Castle and
w. q. Bronson, as trustees of the estate
OF the late Martin Mower, the plaintiff is
given judgment aaginst the estate In tne
SUM OF 1888, SO, with interest from date
Oh commencement Of the action.
CITY LOSES IT'S SUIT.
Judge Wiillston, of the district court
mas MEG an order in the case of the city
of Saltwater, First National Bank IF
PIainheld, N. j., and all other bond hold
ers alike situated against Charles II
browne as county auditor, in which the
CITY sought to restrain the defendant
from selling lands at forfeited sale i'm
May next, IN which the CITY is interested
me court finds that the PLAINTIFF is not
eHtitico 10 judgment and that the de.
Remnant IS entitled to the relief demanded
ana for the dissolution of the Injunction
previously granted. In reviewing the case
Judge Williston says:
" is claimed by that city that. as
t HIloer me provisions Of the act of 1899.
me lands described therein may be. sold
Tor a sum not less than 50 per cenfun1
or the original taxes due thereon: there
t 80 II tne county auditor be permitted
IN which the city claims an interest II
VIII be irreparably injured
ne ne OBJECT OF the class of sales under
t6n haena1 Is to get something for
III me deIlnquent taxes out OF an accu-
nluiaton or dead assets There NAV he
ame Pr3oabiy are included in the delin-
nlu!ated costs, interest and penalties
amount 10 more than the value of the
to tohG decIa r n I 1egfatur has the power
amo unGtare e. W Hh. percentum of such
VIII accept in satisfaction of IFS lien
@ilo IL Inc proceedings prescribed nv the
nrmI ritJinrs power do not contravene some
prOvtslon OF the constitution of the state
courts ;tt nave not power to interiors
MI Md.n tne due administration and execuo
lion Hon n ~ me Jaw even though such exc
ealh interests. The city Occlinies M
~ ni9 ore favorable position than does anV
G Of tbIs From any view 1 can take
OF thls case l am unable to dIsoo11ee
any principle which Would NETS tE?
i To9It IN granting the plaint1ff any res
0i nous tIlat the city has a Hen
ipoIl property for special assessments for
improvements, but that the state has
prior lien for taxes. If the order holds
tl!at the clty's lien is maintained no+-
Wlthstandine the sale, the citv Will 80
put II the judges order Is constT,,.d
mean that the city cannot maintain 49,
hen, and that the sale of proner.y nd
TINS law becomes absolute, the case viii
De appealed to the supreme court. A stav
oI proceedings was granted for five davs
10 permit City Attorney Netbawav tn Io,1I
Hto TINS fact, and he Will at once com
huhlcate with Judge Wiliston.
MINOR NEWS.
Mrs. Ruth Moody Wilson. tn, VIII, r.
Chester S. Wilson, died Yesterday morn
ing at the family residence on SINH
broadway, of cerebral meningitis De-
ceased was seventy-three years of ape
ana mad resided in Saltwater about live
years. She was the mother of Judge z. II
wilson, Oh the probate court Of this coun
W ana was also the mother of Mrs. Or
us H. Lee, of this city. The funeral will
De heid from the family residence at
O'Clock tomorrow afternoon
j. w. Nelson was down yester5av fro,,
logging camps in the vicinity Of Duluth.
lie says that hauling is still in progress
on the st. Louis and Cloquet rivers and
That loggers expect to be able to continue
hauling until the end of this week.
John Ramberg was yesterday sentenced
to serve sixty days in the county jail for
drunkenness, the sentence being imposed
by Judge Doe, of the municipal court
NOMINATES STATE TICKET.