The Minneapolis journal., 1902-07-31
WONT QUASH
AMES BILLS
Cui. A1nes' Attack on His In
dictments Proves With
out Result. 81
The Defendant Finally En-
ters a Plea of "Not
Guilty."


sravest nature have been preferred
against the grand jury by Colonel Fred
erick W. Ames and his counsel. That
body is charged with believing Fred Ames
guilty. On this charge Colonel Ames
bases his motion to quash the indictments
against him for extortion1 and bribery.
The grand jurors, 1t Is alleged In most
positive language, are, prejudiced and
biased against Colonel Ames and for that
reason they have indicted him. For this
very reason the indictments should be
Quashed. Such Is the reasoning OF the
defense. From the words of any indict-
ment, it might be readily inferred that
the jury is prejudiced against the defend
ant, An Indictment is a presentment
wherein the grand jurors, under oath, say
they believe the defendant is guilty. The
Ames motion of to-day appears to be
based upon the theory that the prejudice
lies in the expression Of opinion by. in
dividuals who had already expressed the
same opinion through the indictment.'
Judge Brooks declined to recognize
prejudice of this sort this morning and
smiled1at the attempt of Victor J. Welch
TO convince him that the indictments
against his client should be quashed. He
allowed the attorney to say all he de-.
sired and, then quietly denied the chal-
lenge to thejury end denied the motion
So quash ths Indictment.
A Plea of .Not Guilty" Made. ~
asss Ia ardsEs4 hesdekendants should mot
a.. ,eI - ,4to Ia nj
until next Saturday morning to demur to
the indictment. County Attorney Board
man thereupon demanded that the prison
er enter a formal plea then and there. So
Col. Ames entered plea of not guilty, re-
tanning the privilege Of withdrawing It In
order to enter demurrer next ,Sat aturday
morning. The county attorney asked to
have the case set for trial next Tuesday
at 10 a. n., which was. done, the de-
fense making no objection. =, : 49,.
Afidavits Brought In.,,
When the case of Colonel. Ames was
reached this morning Victor j. We1ch
raised obje cttons to the grand jurors on a
motion to quash the Indictment: Two
grounds were set up >First-That leach
and every member Of the jury was a pros-
ecutor; and, Second-That a state of mind
existed which prevented them from acting
jmpartially.
The first affdavft was that of Colonel
Fred W. Ames, who stat ed that the first
indictment was returned against him on
May 16. His trial began on~Julys1, and on
July ne was acquitted. On the latter
date the grand jury found another indict-
ment. The jury, in finding the first in
dtctment by this very act became preju-
diced and biased against the defendant.
The Joint affidavit of Victor J. Welch
and Frank Hubacheck was most sensa-
tional. It stated that Jacob D. Smeltzer
@ member of the grand jury: had said
to the affiants, "Say, how many of these
possible for them to stay out so LONG
unless they had been hxed," ~ Mr.
Smeltzer also stated that verdict of ac'
quittal would do Colonel Ames no good, as
the grand jury would continue to find In.
dictments until he was finally convicted.
Mr.. Hubacheck in a separate affidavit
swears that the same Smeltzer admitted
that Hovey c. Clarke, foreman of th'
grand jury, and w. J. Held hat
personally paid $1,000 in order t
find Roman Mick and bring hin
back to Minneapolis and that Clarke pait
out of his own pocket salary to Miltor
%. Purdy for acting as assistant county
attorney in attendance the grand jury
when it was Investigating the police ad
rninistration. s i.2 '.'' 49,
The amount reported to have been pait
TO Mr.. Purdy was $3.50. In addition i
was alleged that sums aggre egating up
ward of $1,000, had been paid on accoun
of various witnesses. '..e-. RI -.-..8
The superintendent of police then tool
the stand. He testified that he had beel
tried on the charge Of receiving brib
and acquitted on July 8. On that sam
date the grand jury had returned anothe
Indictment on similar charge. -.
Mr.. WeIch then wanted Hovey c.. Clark
~ called to testify with reference, to tn
allegations in the Hubachek affidavit.
Mr., Clarke, who had been present dur
ing greater part of the hearing as a
Interested spectator, had In the meantim
left the room. When Mr.. Welch aske
that he be summoned by the court, Count
Attorney Boardman objected on the groun
that a grand juror could not be require
to testify regarding hts work on tha
body. Mr.. Welch expressed a deep anxj
ETY. to have, Mr.. Sneltzer on the stant
but the county attorney refused, and Judg
Brooks smilingly agreed to- adjourn tn
hearing until 2 o'clock If there was an
further proceedings. The defense was
the end of it's rope after the formal me
t22tion to quash had been denied and th
challenge to the jury had been disal
lowed.