The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-02-09


the Enemies of the Administrn-
tion-GetcheIl Forced Into Place
He Didn't Want.
War has been declared between the city
legal department and the judges Of the
municipal court City Prosecutor Fine
bout threw down the gauntlet in open
court yesterday, and Judge Hine accepted
the challenge.
The row grows out Of the raid on the
negro club rcom 341a East Third street,
where William Leggins is accused Of run
ming gambling resort. When the case
came up yesterday Leggins asked for a
jury trial. Judge Hine said he was in
clined to grant the request. This aroused
the ire Of City Prosecutor Finehout, who
jumped up and holly informed the court
that If Leggins was given a jury trial the
case would be dismissed. Mr.. Finehout
said he wanted the case tried by the
court, insisting that much time would be
uselessly spent in securing a jury, ex-
pense incurred and declaring finally that
conviction could not be secured if a
jury tried the case.
well, you would not expect the court
to convict where the evidence was not
such as to warrant jury in doing SO,
ut is discretionary with the court If the
defendant wishes jury trial, and I shall
order jury to try this case
In the name of the city, I protest, ;"
declared City Prosecutor Finehout This
charge is made under an ordinance and
should be heard by the court. If a jury
is ordered ask to have the case Of Will
liam Leggins dismissed. l will not try the
case before a jury"
In h. dox vyn-
hout had some things to say about the
municipal court, and Judges Hine and
Orr took occasion to reply to the criti-
cism.
II don't care what the judges say or
think" declared Mr.. Finehout, sit Is
absurd to order jury trial in the Leg
gins case, and 1 positively refuse to try
the case with jury. The judges of the
municipal court have set themselves
against the police department and the
city administration, and seek to evade
the responsibility of their positions by
granting a jury in petty cases that they
are supposed to dispose of. It is need
less expense and waste of time to secure
juries in these gambling cases at the pres
ent time, when the city is stirred up by
political dissensions and changes are go
| ing on in the police department. A con-
viction cannot be obtained under such
Cll CuLloldHCSS WiISll jury HEARS d case.
1t makes no difference what the evidence
is, partisans on the jury decide a case
whichever way will hamper the admin
istration. You cannot get the right kind
Of jury in the police court. Look at the
| Griffin jury. One man said after the trial
| that gambling was necessary evil, and
six other jurymen accepted Red Griffin S
invitation to supper. The judges of the
municipal court are trying to balk the
cd, ic4r nd hut, he
reforms the polire department is en-
deavoring to accomplish, and I decline to
be party to such work. There is no
good reason why a jury should try the
Leggins case. Leggins is prosecuted un-
der a city ordinance, the same as is a
man for drunkenness or disorderly con-
duct and the judges have no hesitancy
in turning down requests for jury trials
Of these offenses. l have dismissed the
case against Leggins and will have Moth
| ing to do with IT.
There Is really nothing to say about
the case said Judge Hine, Except that
Leggins requested jury trial and in
strict accordance with the law, I granted
! the request. The city prosecutor may take
exception to this action and denounce
| the court to his hearts content, but he
has no legitimate ground for such con-
duct. 1t is true the prosecution is under
| is a severe one. In city cases it Is at the
discretion of the court to allow a jury
| trial or not. I have ordered jury trial
| in this case because I consider 1t the most
| equitable course. What the prosecuting
| attorney may think Is matter of no
consequence SO far as the legality of
| my action is concerned. If the case Is
| tried 1t will be tried by jury, and that
| is all there is to it,
Eyes and 7 want TO add - interiected
Judge Orr, who had listened to his col
leagues remarks, that any structures
| passed upon the character of municipal
court juries are wholly without founda-
| ton. Three-fourths of the attorneys of
the Ramsey county bar will bear me out
| that the juries in the municipal court are
| the best juries In the county. The panel
| is made up of men in all walks Of life,
from the merchant to the laborer, and no
matter what side Of a case a lawyer is
| on in the municipal court there is al
ways an opportunity to select an intelh-
| gent, honorable jury. This talk Of City
| Prosecutor Finehout about denying peo-
pie the right of trial by jury is ridicu-
! lous Trial by jury was one Of the chief
! concessions of Magma Charta, and has
been the right of every citizen since this
| country was founded. Under the state
! law a citizen cannot be denied the right,
1
ordinances, for just such cases as are
| arising cases where the issues at stake
are Of great Importance, such as twelve
| unbiased men should pass upon, instead
| CT one
The Leggins case comes up today, when
Judge Hine will pass upon City Prosecu-
| tor Finehouts motion to dismiss.
| Lieut., Henry Pothen, of the central
|
Kiefer, through Chief Of Police Getchell,
to resign Lieut.. Pothen declined to vol
unfairly sever his connection with the
| department, and was forthwith relieved
from active duty pending action In the
premises by Mayor Kiefer, who will be-
yond doubt remove Lieut.. ePothen.
When asked If Lieut. Pothen had been
requested to resign Mayor kiefer seemed
disinclined to discuss the matter.
| "If Chief Getchell asked him to resign
I guess it is So" said the mayor.
WAS the request for the resignation
| dictated by your
Partly and partly not"
While the practical removal Of Lieut..
| Pothen comes at the time or general
shaking up in the police department, fol-
lowing the resignation Of former Chief
Goss and removal of former Chief of
Detectives Schweitzer, 1t Is understood
| that Pothen's fall Is due to personal reel
ing against him on the part of Mayor
kiefer over the part the lieutenant took
in trying to prove that Detective Meyer
was drunk when the latter was elected
from a hall at Eighth and Wabasha
streets several weeks ago. In addition to
this Lieut.. Pothen is said to have openly
declared on a number of occasions that
the mayors police policy was pig-headed
obstinacy and alone responsible for the
| generalization of the department