The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-12-18
BURNS is ON TRIAL
JURY SECURED, AND STATE GETS
ITS CASE WELL
STARTED
TESTIMONY Is VERY DIRECT
Carl Ducius and Judge Schoonmaker
Relate Circumstances of
Burns Dealings With
Them.

Them.
James H Burns, formerly auditor of
Ramsey county, was yesterday placed On
trial before Judge Bunn in the CRIMINAL
branch of the district court, on an in
dietment in which he is charged with
having falsely presented to the state
arditor for audit and allowance a claim
against the county. Specifically the al
legation upon which the action is based
is that Burns secured from the county
of Ramsey $136 by means of tax re-
fundment order to which he was not en-
titled, and that this refundment order
was secured under false representations.
Less time than usual was consumed in
the selection of a jury, and only about q
half dozen of those who were called for
examination were excused. Those who
We're accepted as jurors are as follows:
Chris Funk, Clarence J. Phillips, Fran
els H Waters, Frederick Schumacher,
Martin L. Ryan, George A. Stein, Var
ney Peterson, Charles F. Schmid, Joseph
kellar, Edward Norman, Michael Dillon
and William Leip
Both County Attorney Kane and his as
sistant, Q. III O'Neill, are participating
in the prosecution of the case for the
state, while the interests Of the defen,l-
County Attorney Kane, in opening the
case, said that the state would endeavor
to show that on April Is, Burns told Carl
Ducius, who was law clerk in the New
York Life building, that he wanted him
to make a petition to the county board
for the refundment of taxes on certain
realty, the sale of that property having
been declared void by the supreme court;
that Ducius never owned the tax certih-
cate to the property, but at Burns re-
quest he made out a petition, setting
forth that he was the owner of a certain
tax certificate, and desired the return of
money paid for such certificate; and that
the petition was taken by Burns. The
state would further show, he said, that
the petition referred to was approved and
returned with others of like character to
the possession Of Burns; that Burns then
secured a letter from Judge James
Schoonmaker, and addressed to the state
auditor, requesting the approval of the
petition, and this letter with the petition
were taken to the state auditors Office
by Ducius; that the petition duly APP
proved by the state auditor was return
ed to the Office of the county auditor,
and that, at Burns request, Judge
Shoemaker called at the county audi,
tors Office, and received a refundment
order for $123, which was cashed, and the
money turned over to Burns.
Mr.. Kane also said he would show
that the certificate upon which the re-
fundment of this money was really due,
was assigned to David O'Neill in 1891,
and that Mr. O'Neill died in 1895, and the
certificate remained among his private
papers
He would show, he said, that Burns
never owned the certificate, and still
ether transactions of a similar character
to the one in question, in which the de-
PENDANT had figured, would be brought
forward to characterize this particular
deal.
Ducius Is Called.
The first witness called by the state
was Carl Ducius, who, after stating, in
response to questions, that he was twen
ty-seven years of age, and had lived in
St. Paul all his life, proceeded to relate
the circumstances of his business with
Burns in regard to the refundment. He
said that Burns came to see him April
II last at the office in the New York Life
building, which he occupied with Judge
Schoormaker and S. A. Anderson. Burns
said: carl, l have some applications
for refundment of taxes and the certifi-
Gates are ali made out in your name.
The reason [ don't take them out in my
own name is because l have judgments
against me-" Burns called again the next
morning with some applications and wit
ness signed them as directed. The wit
ness next saw the petitions. Five or SIX
days later Burns called, and said they
had been acted upon by the county board.
Burns then requested Judge Schoonmalker
to write a letter to the state auditor ask
ing that prompt action be taken upon the
petitions, and this letter, with the petit
tiopS witness took TO the Office of the
state auditor About four or five days
after that Ducius told Judge Schoon-
maker, at Burns request, that there was
a warrant for him at the county auditors
office. Witness went with Schoonmaker
to the auditors Office, where they Sc
cured the warrant. In payment Of this
warrant the county treasurer issued a
check on the National Gernlan-American
bank, which check was cashed, and the
money turTied over to Burns on the same
day by Judge Schoonmaker.
Judge Shoemaker, who was the next
witness, testified with particular refer
ence to the letter written by him to Dep
uty State Auditor IverSon at Burns re-
quest. after the petitions had been re-
turned from the county board. This wit
ness also related the circumstances Of his
going TO the county auditors Office to
draw the warrant and stated that at
that time, for some reason which he did
not know, the petitions appeared in his
name. The money, he said, Ducius Sc
cured and took to the Office in the New
York Life building, where it was turned
over to Burns.
Deputy State Auditor S. G. Iverson
identified notations which had been made
upon the petition at the state auditors
Office by himself These petitions, he
said, nlus1 have arrived at his office about
April %. Such petitions were presented
in duplicate form and so acted upon.
County Treasurer p. ]. Metzdorf testi-
fed to issuing the check to James
Schoonmaker.
W. r. Johnson3 county auditor, was
questioned as to certain entries on the
tax Judgment book in his Office, with ref
erence to the property mentioned in the
petition in question. These entries he
said showed that the property had been
sold for the state, and bid if by Edward
Denegre, and that the tax certificate
had been assigned to David O'Nelll.
John j. Fitzgerald, administrator Of the
estate of David O'Neill, testified that
among the private papers of the deceased
in his possession was the tax certificate
to the property mentioned in the petf-
ton.
The trial of the case will be resumed
today.