The Minneapolis journal., 1902-08-02
AMES ASKS
MORE DELAY
.-,
The Deposed Chief of Police
Fighting to Put off
Trial.
Affidavit of PREF: lice Against
Simpson-Case Goes
to MCGEE.

More legal fllibustering was done this
morning: by Colonel Fred W. Amos to pre-
vent his trial on the charge Of bribery
and extortion, but Judge Simpson over
ruled all the technical objections to pro-
ceeding at once.
Colonel Ames withdrew his plea of not
guilty this morning in order to 1nterpose
a demurrer to the Indictment. The de-
murrer was based on the following
First-That more than one offense Is
charged in the indictment.
Second-That the facts stated In said
indictment do not constitute public Of
fense.
Third-That the second Indictment Is
insufficient in that the same is not direct
and certain as regards the particular cir
cumstances Of the offense charged which
are necessary to constitute complete
offense and that said indictment does not
substantially conform to the require
ments Of the second subdivision of section
1898 of the General Statutes of 1894.
Victor j. Welch said that he would
make no argument. as the same questions
had been raised and passed upon at the
former trial of Colonel Ames.
Judge Simpson thereupon, promptly
overruled the demurrer. After which
Mr. :Welch gave notice of a motion for a
| continuance of the case until next term
I'VE would like to inquire. on behalf
of the defendant what Judge will hear this
case?" asked Mr.. Welch. =.
"The case is on the criminal caleuda,
and will be tiled by me, responded Judge
Simpson. -, s.: = ~ : %s: -. =.
The New Assistant Appears.
Charles S. JelleN who succeeds AL ]
Smith as first assistant county attorney
represented, the state in the proceedings
making his debut in the new position
He only hopes that things will continu
to come as easily for him as they d.
this morning. ~,
Colonel Ames seemed to- be quite a
ease and. If the way he is being Juggle
about Is bothering him any, he does no
show 1t. When the, demurrer had bee
overruled, Judge Simpson. directed, .hir
to enter his formal plea to the. indict
ment. In quiet and matter -of-fac
tone he said that he would make a pie
OF not guilty. -. g. ,.. -
Affidavit of Prejudice Filed.
In spite of the fact that Colonel Anne
was acquitted after trial before Judg
Simpson, the ex-superintendent Of polio
this afternoon filed an affidavit {
prejudice against that Judge. He make
the affidavit personally and as it lis nc
necessary to support the charge by htes
{ timony, Judge Simpson can not sit in th
case. In the affidavit Colonel Ames simpl
says: .....- g. -.->%r-.;
That on account of prejudice and. on a.
count of bias on the part Of said Hon, D:
Simpson, who Is to preside at said trial., tn
affiant has good reason to believe and do
. believe that he cannot havera failr trial
said action before said presiding Judge. :
Case Goes to McGee. .:--
Judge Simpson thereupon announce
that the defendant would be tried b.
4 fore Judge McGee. 1t Is understood tn,
;, Judge Brooks who is in chambers ne.
: week, is so much taken up with chamb'
work that he will not be able to tt
3 cases.. The same applies to Judge 1Pon
= who succeeds Judge Brooks in chamber
S The motion made by Colonel Ames< for
e continuance of his case will, be argu'
: before Judge MCGEE next Monday.
3 case 1t Is denied, as is expected, q Jul
r venire will be drawn and those secur!
will be summoned to meet next Tuesda