The Saint Paul globe., 1902-09-05

ing of the mandamus proceedings
brought by DR.. Arthur w. Miller to
prevent the appearance Of the name
J. l.. Miller on the primary election
ballot.
The examination resulted, beside ex-
posing the deal by which Miller be-
came candidate in further establish
ing that Mr.. John Miller has a poor
memory and assisting him in finding a
middle or second Christian name; also
in drawing from Judge Otis a rather
heated expression of personal opinion
| under advisement and will hand down
his decision this afternoon before the
ticket is sent to the printer.
MiIer's Memory Bad.
At 10: 80 Wednesday night John
Miller, buggy washer, residing on
Exchange street, strenuously ayowed
to TIL e G 10 b that he had no middle
name; never signed petition or affi-
davit Of candidacy for the office Of
coroner or any other Office, but that he
knew a,man who claimed that he had
been offered $75 to allow the use Of his
name as candidate. se
Otis that his name was John Leo Mil
Ter, that he did sign the petition for
which he received $75 from Gross and
! that he was with Gross when the affi-
| davit was filed with the auditor. Gross,
according to Mr.. Miller, paid the filing
| fee, $40, leaving Miller'S net profit by
| the transaction $75.
Dr. Arthur Miller's petition was pre-
| sented and argued by G. d. O'Brien,
- T,.fn o. Orin Tn11 1Ar,.x q
represented by Charles p. Brown, who
drew forth the wrath of Judge Otis by
| the assertion that If the candidacy Of
Miller was brought about for Interior
| purposes the filing was perfectly legal
| and the name should remain upon the
| ticket. In argument Mr.. Brown said:
Court Is skeptical.
Counsel has claimed that there is
| evidence here that the use of this
mans name was. for the purpose of
defeating DR.. Miller, injuring him, and
| they (the voters) could not distinguish
between DR.. Miller and j. L. Miller.
| Now, that may be the fact-that that
! was their intent, but the evidence is
| that this man, prior to the time that he
met Mr.. Gross, had had desire to be-
| come nominee or candidate for the
office Of coroner"
The Court don't believe that
| Mr.. Brown-That is his testimony
The Court-That is his testimony,
but I don't believe it. 1t seems to me,
on the facts and circumstances of this
case, that Mr.. Miller never had the re-
| motest idea of becoming coroner until
| he had been approached by some out
side party, probably Mr.. Gross, and
| induced to go upon the ticket.
Mr.. Brown-Then if / am juror I
| am at liberty to disregard the testi-
| mony?
| The Court have a right to sift
the testimony and I decide the facts,
and am satisfied in my own mind
that you are satisfied in your mind that
/ there is no obscure stable boy in this
city that had any idea of being COR
oner or standing as a candidate for
| coroner until that had been put into
! his mind by some outside party.
Mr.. Brown-That a man who works
1 in a stable may not aspire to high
office?
Law May Be Difficult.
| The Court am not saying that, but
| I am judging this witness by his ap-
pearance upon the stand and by his
| qualifications. They are circumstances.
They are not conclusive, but they are
circumstances, and, in the absence Of
everything else the court passes on the
testimony. should find that fact
against him. That is to say, you may
| take this fact as found by the court:
| There isn't any question at all that Mr..
Gross or outside parties came to this
stableman and induced him to permit
| the use of his name and to make out
and file this certificate and agreed to
1 and did nav him for so doing and Maid