The Saint Paul globe., 1902-02-26
CONROY A FREE MAN
JUDGE JAGGARD HOLDS TNDrcr
MENT AGAINST HIEI INSUFFr-
GENT AND INVALID
PROCEEDINGS NOT DROPPED
County Attorney Kane VIII Prose
cute Again, When Question of
Jeopardy Will Be Set
tied by Court

Michael A. Conroy, who was accusad
OF having caused the death of John
Joseph Barry, was yesterday DISCHARGED
from custody and his bondsmen dis
charged from further obligation under
their bond, Judge Jaggard having dis
missed the indictment under which Con-
roy was held on the ground that il was
lhsuInclent. This order of the court does
not however, preclude the state from
again instituting proceedings against
Conroy on this charge, as the court ae-
chned to take any action that would in
Voive ruling upon the question of the
prisoners jeopardy under the indictment
which has been dismissed 1t is the ex
pressed intention of County Attorney
Kane to begin anew the prosecution Of
Conroy, and when that is done the oues-
tlon or Jeopardy will arise and must be
decided. The proceedings Of Yesterday
abounded in delicate questions of law ana
the case was ably contested on both
sides. The morning was occupied with
argument as to the sufficiency Of the in
d1ctment the principal features Of which
question were set forth at some length in
G o b e Of yesterday.
Early in the afternoon Judge Jaggard
announced his ruling upon the validity
OF the indictment, sustaining the obiec-
tions interposed by T. D. O'Brien counsel
for the defense, and then arose the oues-
ton of further procedure, Mr.. OBrien
contending for a ruling which would de-
termine that the defendant had been in
jeopardy under this indictment and there
fore preclude further prosecution; and Mr.
Kane striving with equal earnestness for
such present disposal of the case as
would leave it open for future prosecu-
tion. Mr.. Kane moved the court to set
aside and quash the Indictment alto
U6thnr and nd bo 0ric 70
the action of the next grand jury Mr.
O'Brien moved that the jury be instruct
ed to find verdict for the defendant
The motion of Mr.. Kane was first
argued he contending that if the in
dictment was not valid it should be al
together dismissed and set aside and the
prosecution left where it was before the
indictment was returned. The effect of a
dismissal or nolle prosequi was argued
at some length, and finally Mr.. Kane
renewed his motion to dismiss, adding
that if the court Should not decide to re-
mand the prisoner for further action the
result would be a dismissal of the pres
ent case and discharge of the defendant.
Discharges the Prisoner.
Mr.. OBrien urged that this would be
a violation of the rights of the de-
fendant, and again presented his motion
for directed verdict in favor of the de-
fendant This motion the court refused
to entertain on the ground that having
held the indictment to be invalid and
therefore refused to take jurisdiction he
could not then take jurisdiction and di-
rect verdict in the case. He therefore
dismissed the Indictment and discharged
the prisoner and his bondsmen.
Mr.. Kane has already stated that he
will renew prosecution and as in the
present status of the case he will prac-
tically have to begin at the beginning
again, it is to be presumed that he will
which will meet March 10.
In the course of the argument yester-
day the court stated that the question of
jeopardy was one which he would not at
tempt to- decide at that time and would
not decide without extensive study of
authorities AS the case has been dis
posed of, that will not arise until further
attempt is made to prosecute Conroy.
The precedent upon which the court
ruled the Indictment to be insufficient and
invalid is found in an old case in Vol.
XII. Of the Minnesota reports, which in
so far as the wording of the Indictment
is concerned is identical with this case.
L ..e decision which is in the case of the
state against G. Addison Brown is py
Chief Justice Wilson and as to the ques-
ton in point he says:
There" in the connection here used
the county aforesaid and does not GER
tainly show the county in which the Of
fense was committed -