The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-05-22

that they would appoint speClal pIoseCuI,,
ing attorney to take his place. III
He also said to me at that conversation
that he wasn't going to the penitentiary,
and that he had matters fixed so that he
could be released and that he was going
to stay right in this town. I told Billy Ed
wards and Howard: You understand now,
one thing, that you cannot get any support
from me in any of your schemes. Anything
that is true I will be glad to tell won't
go before the grand jury and tell the grand
jury lie to help you or anybody else.
The Mayor Brought In.
Continuing, the affidavit relates that
Norbeck was subpoenaed to appear before
the grand jury on May 6, in the case OF
the state against Detectives Howard and
Morrissey, now under indictment. When
he {reached the courthouse, he says that
be- INST Lincoln Crossman, who told him |
that'1he had better not contradict the !
statements made before the jury by Char
lie tHnVard and Billy Edwards. For, IT |
you dc, "tsaid Crossman, they will give
it to YOU the same as to the mayor and |
others At this point the affidavit says:
He said that They had a dead cinch against |
HoRa pdS a nd Morrissey and against Chief Ames
and thsSn ayor' I asked him what story they |
were going to tell in regard to, me, ana ne
says Why, they are going to tell that you |
| received money from them at different times, |
and replied to me that Edwards and Howard
had a memorandum book in which l was
| charged with having received money from
them at different times, and that the grand
| jury had that book now, and that there was
two of them against one, and you had better |
! stand with them than undertake to light
| You won't lose enythinE TO be on the side9
| to Investigate this administration OF Alnes. |
We will all have protection If we stand IN
| with them ~. ~
=! On MAJ 8. Norbeck declares he again
| went 20 the court house and had a talk
| with Assistant County Attorney Al ):
| Smith before he was called into the srand
jury room. He claims that Smith told
him there was "a pile of evidence
against him for grating" but promised
that he would come out all right II ne
would only tell all he knew about police
corruption According to the af1davlt,
Hovey c. Clarke foreman OF the grand
| Jury then came into the room and talked
| to Norbeck He made no promises put
| advised the officer to tell everything nc
| knew.
IA short time later Norbeck was called
| before the grand jury and was questioned
about the Howard and Mcrrlssey case'
| about The draft stolen from Roman
| Mick, and :he final settlement MADE;
about the payment of, protection money
and other matters. According to the az,
hdavit Norbeck told the grand jury an
he knew about the matters upon Wnlcn
Information was requested. However, ne
SAYS that one of the jurors remarked;
This man don't want to tell the truth,
and that when he was finally released'
Assistant County Attorney Al j. smith
said to him. 81 will give you until III
o'clock tomorrow morning to MAKE up
your mind,' meaning, as Norbeck pc
lieved, that he would be indicted IL ne
didn't change his testimony by that tlme;
It was almost II o'clock when Mr.: Mead
finished the reading of this athdaVlt' ana
Judge Harrison then granted a recess IN
til o'clock this afternoon "nen inc caee
was taken up again. -,
For use in the Gardner case, which Will
be called later, the derense has prepared
a second affidavit, signed by ,Garoner,
in which the contention is raised that
Gardner was promised he would be taken
care Of if he would tell what he knew,
and was told that the grand jury ALREADY
had enough evidence before 1t to convict
Mayor Ames and Others In this afhdaVlt
Gardner says he was told that ne coulo
not be indicted If he testified before the
grand jury =. ~ ...
Judre Harrison Attacked.
The defense made second attempt to
. secure a change of venue by means OF an
affidavit of prejudice when court recon
yened at o'clock. The affidavit offered
applied to Judge Harrison only. 1t also
went more into detail than the. former
document, and was decidedly vigorous IN
it's phraseology:
The court, however, refused to allow the
affidavit to be filed and it's contents were
/ not made public. However, when Judge
Harrison had read it through, he re-
l turned the paper to Henry S. Mead, say
ing: -,
: 0This affidavit is false in every partlcu-
| lar and will not be- allowed to be filed for
f the reason that defendant has ALREADY
: filed one affidavit and has thus exhausted
e his right
v An exception was taken to the ruling.
t Wv Erwin was. then heard on mo-
: ton to quash the Indictment. he argued
t that the Indictment was illegal for the
reason that Norbeck himself had been
f compelled to testify, on matters connected
. with his own case before the grand jury;
y that immunity had been promised him
t from indictment for so doing; that the
e methods of the jury were inquisatorial,
o illegal and unjust :,
" In his argument Mr.. Erwin declared
y that If Crossm spoke the truth when he
d told Norbeck-as Norbeck swears he did
), tell him, in the AFFIDAVIT, parts of which
o are printed elsewhere-that the foreman
r OF the grand jury had told him certain
+ things that happened within the jury
It room. then the foreman was in contempt
a of court and should be punished.
II Continuing, Mr. Erwin took up the Nor
- beck affidavit, paragraph by paragraph
h and discussed it as it applied to the mo-
IS ton under consideration.
% At the opening of the afternoon session
y all jurors were instructed by the court
d to leave the room. Some of them will be
d called to pass upon the case later and the
} Judge consequently thought it best thai
if they should not hear the preliminarJ
y, arguments. -,