The Saint Paul globe., 1902-02-25
CONROY MAY GO FREE
ERS ALLEGED FLAW IN
INDICTMENT
KANE IS TAKEN BY SURPRISE
objection Is That Location of Crime
Is Not Clearly Set Forth as
BEING in Ramsey
County.

From present indications there is a well
defined possibility, if not a probability,
that Michael A. Conroy may never have
to actually stand trial for the killing Of
John j. Barry, of which he is accused
The proceedings in the case took an un-
expected turn yesterday afternoon when
T. D. O'Brien, counsel for the defense
attacked the Indictment on the ground
that it did not with sufficient clearness
locate the alleged crime within the coun-
ty of Ramsey, and therefore left ground
for question as to the right of the grand
jury to act in the case.
The case was taken up before Judge
Jaggard, who has presided over the Grim
inal branch this term; and the morning
and portion Of the afternoon were oc>
cupied in the examination of jurors
The motion of Mr. O'Brien to dismiss
was presented as soon as the jury had
been completed, and took County Attor-
ney Kane entirely by surprise, but
he soon recovered his composure
and earnestly supported his end of the
argument as far as he could do so with
out having an opportunity to consult au-
thorities. The question being strictly one
for the court to decide, the jury was
excused for the day.
Mr. OBrien in a methodical manner
began at the beginning of the indictment
and discussed its various features, fore
stallipg and contesting as he went along,
such points of argument as it was obvi-
Gus to him would be presented on be-
half Of the state in support of the in
dictment, and submitting from time to
time authorities upon the various phases
Of the question He conceded that it
was amply set forth that the indictment
had been returned by the grand jury
Of the county Of Ramsey but as to the
location Of the alleged crime, it was not
enough that it should state that "Michae:
A. Conroy then and there being" did,
etc. It was not plain that the 'then
and there" carried with it any particular
presumption as to place, although it had
been made plain that the crime was alleg
ed to have occurred on March H. 1901, and
it need not be presumed that the crime
had been committed in the county Of
Ramsey or the state of Minnesota. II
the place of the alleged crime was ths
county Of Ramsey the grand jury of this
county then had no right to inquire, and
it's indictment in such a case would not
be valid.
Died in Ramsey County.
Going farther into the indictment Mr..
O. Brien found it set forth that the death
of John J. Barry, who is alleged to have
been assaulted by Conroy, did occur in
the city of ST. Paul, county of Ramsey.
1IItI ne SdtNl Il1iSIII JUSTLY JuI iSOlCI1Oli
on the part of the court but it would not
justify a presumption that the alleged
assault had been committed in this
county.
Mr. O'Brien argued that 1t was essen
tial that the Indictment should clearly
set forth that the crime alleged was
committed in this county, and that had
not been done
On behalf of the state Mr.. Kane ar
ri.of1xy HXTGx1 f1n
sufficiency Of the Indictment as to the
statutory requirements. He asked a con-
tinuance, however, that he might consult
authorities in regard TO the sufficiency
of an indictment in the form in question,
and further argument was continued until
today.
The crime Of which Conroy is accused
has not in its worst phase been regarded
as q particularly aggravated ofense, the
general inclination being more to the
opinion that the death of young Barry
was the unexpectedly serious conse-
quence of an occurrence in which he was
at least partially to blame. Conroy and
a companion and Barry and a companion
met on Wabasha street on the evening Of
March il last, and as the couples were
passing, Conroy, it is said, asked Barry
or his companion for a match. An un-
friendly reply to the request was return
ed, and a further exchange of insulting
remarks led to an encounter between
Barry and Conroy.
When the trouble was over Barry went
to the home of a friend where he after
wards died. In the complaint and the
indictment for the state it is alleged that
Conroy beat Barry upon the head. On
behalf of the defense it is contended that
the fracture Of the skull from which 1t
was found that Barry died was caused
by his falling apon the curb in his scuf-
1e with Conroy.
Question OF Jeopardy.
Perhaps some presage of what ruling
the court may make upon Mr.. 0 Brien' s
motion was contained in his inquiry OF
counsel for both sides as to what would
be their position upon the question of the
prisner having been in jeopardy, in case
the court should hold the indictment to
be invalid.
In reply to this question Mr.. Kane said
that he should contend that as nothing
had been submitted there had been no
trial, and therefore that the prisoner had
not been in jeopardy, and could legally
be tried upon a new indictment, for the
offense with which he now stood charged.
Mr. O'Brien said that naturally that
would not be his position and that he
should contend that the prisoner had been
liz jeopardy and should therefore be ex-
| empt from further prosecution on this
! charge. However, he thought that a
| question for future consideration