The Minneapolis journal., 1902-06-19
NORBECK'S FRIENDS
UNDER PRESSURE
TO MAKE THEM TALK

trial to go on so that the case could be
submitted to the jury. 1t was with evil
dent reluctance that he discharged the
twelve men selected to try the case, but
he had no other alternative.
AS usual, a big crowd gathered In Judge
Harrisons court room this morning
Something was due to happen, and there
was even possibility that there might
be a trial with no one to try. .
The Judge surveyed the scene before
him for moment after he had mounted
the bench. and then said: .1
Are you ready to proceed?" ~
'"The state is ready" replied Al j.
Smith ILL.,
''Your onor, the defendants counsel is
ready, but the defendant is not here,'
announced Mr.. Erwin.
"You haven't seen him since Monday
night? ?" asked the court.
Your honor, I haven't seen him since
he left the court house here at the ad-
journment of court Monday evening, and
have rot had any communication with
him since that time, except the telephone
message between 8 and 9 o'clock Monday
night, the substance If whichI gave your
honor in my statement heretofore. I
have no further knowledge Of him except
such as'I have received from the officers
and the public prints, the newspapers,
either through him, or through his family,
or directly or Indirectly, and no intimat ion
as to the cause of his flight, or where he
has gone or anything about 1t. We feel
that we are In a very unhappy. position
here and would like to withdraw from the
case If this mans disappearance is mere
tricious. 1t certainly appears to be mere
tricious. .---1.- - +.'. -. ~
Almost Immediately after the case was
called on day before yesterday the sheriff
and other parties, his bondsmen, notified
Immediately the different cities Of the
United States, and search has been made
thoroughly to find him, but without sue
cess, explained the states attorney.
THE officers report this morning ;
stated his honor, "that they are not able
to get any trace of him. It is certainly
| a misfortune for the state, and it is a de-
| plorable thing that the law is in such 6
| condition that a defendant. by getting uI
and leaving court, after the evidence has
| been introduced against him, and after
Ae Hay voluntarily appeared, thatf ne car
thwart the ends of Justice in that way.
| 1T seems to ME to. be a very deplor-
able state Of the law, yet our statutes
provide expressly that a defendant shall
! be present on the trial of felony, and in
! my judgment that deprives the court OF
the power to proceed. The court is salts
fed from the evidence that 1t has re.
/ cetved that this defendant has voluntar-
lily withdrawn, and has escaped; and the
officers being unable to arrest him. the
court is unable to proceed on account Of
| the absence of the defendant, Mr. Nor
| beck And therefore,, this jury havine
been held such a length of time as to give
him all reasonable opportunity to reap
pear, and the state being unable to force
| his appearance the court feels that 1t Is
compelled to discharge this jury from fur.
ther consideration of this case And
gentlemen of the jury, you will be dis.
charged from further attendance >upor
l this court" .,-~
! 'sWhile We are counsel for the defend
4 ant we are at the same time officers o
i this court; and we would like your honol
to permit us to place upon the record ou.
i request, SO far as we have any power tt
do so, that the jury be discharged, il
order that a new trial or further PROCEED
ings may not be jeopardized thereby,
said Mr.. Erwin. y =,
And thus the famous Norbeck trial end
ed The twelve weary Jurors smiled
gladly and scattered like a lot of schoo
boys to pick up their belongings and hurr,
home to the bosoms Of, their respective
families. - .e Is