The Minneapolis journal., 1902-07-11
men had paid. Under the courts ruling
this evidence was iRadmissible. The state
roc tod

men had paid. Under the courts ruling
this evidence was ipadmissible. The state
then rested.
Defense Moves to Dismiss.
] Tie jury was sent from the room and
Mr. Lane presented "a formal argument
for dismissal. He argued that the only
testimony connecting Fitchette directly
with the crime charged was given by
Johnson and Long, themselves parties to
the, crime, who must therefore be cor
sroborated. The motion was denied, and
Mayor Ames was called as the first wit
ness for the defense. Mr.. Lane asked:
Did Captain Fitchette ever. at any
police force % III s.55.
He never did I a3
did you appoint him p
II did. David Johnson asked me TO
appoint him. His application was then
on file and II sent my secretary to get IT.
when was that z"
stI think itAwas the day Long was ap-
pointed.'' .,5
What did johnson say about him 3
He said he was a competent off1cer
and ought to be given place.
And Johnson was In your office that
day
"He was,
> HoW long aIter ne leIt@ was .tHS %dp
pointment made?' sa5E $50 s,s.
B II think about an hour j. ~,
'"The same day?'' sE Il
Z "Yes, the same day" So se.=
s'You had large number Of applica-
tions, didn't you? Now. wasn't 1t an un-
usual thing for man to get his ap-
pointment within an hour from the time
it was urged?'' asked Mr.. Boardman.
"No, sir. I think not Il went over
IA ma r~io
cancy and IEmade the appointment, re-
piled the mayor. g =. j. d, ,.aSss.s5
/ Thomas r. Brown, Jr., the mayors pri-
vate secretary, testified that johnson had
been at the mayors office on the day
Long was appointed. 1e .%s ~ :-,. :" +
/ Mr.. Lane sought to show by the witness
| that he had made memorandum at the
time, showing Longs appointment hao
been secured by David Johnson, but the
questions were ruled out. =. -
| Mr.. Brown admitted that he had drawn
| up Longs appointment and had gtver
| it to him in Fitchette's restaurant, as
Long testified. -. ~. . - Z: Is 49,.
Fitchette Denies Flatly. -: -
! There was no cross examination ani
Coffee John" himself was then called
He said he had met Long in front of hi:
restaurant in August of last year. HI
swore he had never asked the mayor fo1
| Longs appointment; and that johnson
had never paid him 5000 to secure sucl
appointment. y #s& @5 ri 81 si#E
"Was johnson in your restaurant tina
| day." asked Mr.. Lane. a.s..e u e
| Eyes; he came in and asked me If thert
was vacancy. on the force. ! said
! thought there was, and he.etold me h
had friend he wanted to get appointed
| We went into a. booth to talk. He ,aske'
me if I wouldn't see the mayor about th
matter, and i advised him to see Dr
Ames himself. / told him he, knew tn
doctor and had more influence there thai
could have He said his man was out
side and that he would go down to tn
city hall right away. He asked me t.
| come out and meet. him, and he thel
! introduced, me to Long. There wa
nothing said about money, and he dtdn'
give me a cent ~. - u - d:
Captain, did you ever meet this ma
Gustafson ) a.. -. 49,, =. = =. 81,
II never saw him in my life until to
day" ~. ......s. Il -
"And how about Larson?'' -. Ct -
Larson came to me and said he was
1 friend of Alderman Nelson's. Il wen
down to the mayors office with him t
see about his getting an appointment. >
did you ever hear. about -" that $40
! transaction until. to-day?"'<. ~. ~
Never: = - Z 81 =. = =. -:
;.'The witness was then turned over t
the state for cross examination. .tFfE
I Didn't you promise Johns ito say
Il good word for .Long?' asked Mr.. Board
man. r, &t'' .9} }% FL Fl
eyes, sir" .s.1>..~ 81: =,
well didn't you do t?'' sis~ss. -:
q ''No, sir. didn't have time. Johnso
went down to see the mayor and the az
pointment was made that aftern oOn."
The defense closed as soon as Fitchett
left the stand and a. recess was take
until 1:45. -@ y =.
States Closing Address. :
s.Ill. call David Johnson said Nj
Boardman upon the opening Of court thi
afternoon. - - < : 49,: j. -:
'aDid you have talk with Mayor Anne
at his Office, some time in August, on sth
day Long was appointed. about that az
, lpointment?' g. '>J<j} + t-z -..s2
: This was ruled out, but the 3Switnes
was afterward permitted TO say that b
Y had not been in the mayor S. office for
: month prior to that time, and had nc
seen the mayor on the day in questio
until he saw him in Fitchette's restauraI
J in the afternoon. >r-~:'t-'- K :.1e
r This was the only testimony offered
rebuttal. Mr.. Boardman then began hi
argument to the jury. He said the; cas-
: was clear and he congratulated the juror
s upon the absence from the record of use
l less and confusing detail. He asked tha
,, Epersonal feelings be not allowed to ente
into the findings of the verdict. He calle
; attention to the fact that Johnson was
t disinterested party, and did what, he, ha
done merely out Of friendship for Long:
: Mr. Boardman reviewed the details
{ what happened when Johnson and Lor
: went to Fitchette's restaurant. Johnson
3 | testimony had se been scorroborated /
Mayor Ames,, by Secretary Brown and
Coffee John" himself, at all points e!
cept. as to the payment Of the money. +
3 then called attention to Fitchettes az
mission that he had gone into a stall wit
, Johnson; and asked the jury why the
had gone into a private roomif they wei
8 only going to talk innocently about
;, petty police appointment. Neither Larse
nor Gustafson could have had any reasc
for telling the stories they did unless the
y were true. ts...ss e f ) q s r. ~ <4z.:4