The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-12-02
STATE BRIEF FILED
A Decidedly Hot Document Is Pre-
pared in the Case Against .
M Irwin Gardner.
- s.rs- :, ..s.lz.. s--- ..es-.. - :.
It Meets Charges Of the Appellant
and Sums Up the Case ~.
Forcibly. -.

II. and Sums Up the Case
Forcibly. /
Some very interesting, not to say SEN
reading, is contained in the brief
Of the state of Minnesota in the appeal OF
Irwin A. Gardner. The brief has been
filed with the clerk Of the supreme court.
It is signed by Attorney General W. B.
Douglas, Counsel AL J. Smith and County
+. H. Boardman. Having led
the prosecution, the nice task Of briefng
the case fell largely upon Al J. Smith.
Theb rief Of Attorney w. W. Erwin, in
the appeal on behalf of Gardner, charge
by implication that AL J. Smith, who con-
Quoted the case of the state against Card
ner in the district court, used sharp prac-
ticc in the attempt to introduce certain
evidence. It further intimates that a
conspiracy existed to secure the convic
ton Of Gardner, that the judge who pre-.
sided at the trial vas prejudiced against
Gardner on account of a former encounter
with the defendant in regard to some &C.
currences at MinnehahaL park.
The brief Of Attorney w. w Erwin, in
torneys takes up ana refutes these allega-
tons. The brief says in conclusion:
p! 1T is urged by the counsel for the ap
pellant that the trial took place at a time
Of great public excitement, and that the
court did not give the defendant a fair and
impartial trial. We desire to call the at
tention Of the court, in considering the OBJ
jections urged that the case attracted wide
public attention as might be expected from
the nature Of the testimony. The jury
were not allowed to separate and it was
the purpose Of the court to have the case
disposed Of without Unnecessary delay.
Very naturally the attorneys on either
side We're diametrically opposed to each
other in their. views of the, case, but unz
doubtedly presented the case to the best
of their respective abilities.
I'VE regret exceedingly that the counsel
for appellant has seen fit in his brief to
characterize the conduct of the learned
trial Judge. The trial was conducted by
the judge with eminent fairness. The de-
PENDANT was given opportunity to present
his defense and his every right was care
fully guarded and the case submitted to
the jury in an able charge. e.
Counsel go to unwarranted and ex-
IRENE lengths in charging the judges of
the district court with having entered into
a conspiracy to have the defendant con-
victed for 9. the purpose of having him
turn states evidence against Mayor
Ames. "
1.-THE judges who honor the bench of
Hennepin county, by their fearless atti-
tude and services in behalf of justice, are
honored and respected by the bar and
the entire community, and we close the
discussion of this point without further
comment ..'... '.ree~.., -
-;.. A Remarkable Case. ~
1.-THE case presented on this appeal is
an interesting and remar kable one. In
no reported case has such state Of facts
I been presented to court of appeals for
erfS IN,
below was startling. Never in the his
tory Of any case in this country has II
before appeared that the sworn officers
/ Of the law, to whom the people looked
and upon whom they depended for the
protection of life and property, were actu:
ally employed and paid by crooks to as.
sist in robbing and fleeing the public.
THE evidence in this case tended tt
prove that with the cooperation O.
| Mayor Ames, his go-between, and aided
by certain police officials, one Of the mos
notorious confidence men and swindler
in the union, assisted by dozen cleve
confederates, openly operated swindlins
/ and confidence games in the business por
1 ton Of the city of Minneapolis.
! THAT with the encouragement of Ger
1 tain police officials, thousands of dollar
1 were obtained by the swindlers from guile
I less strangers and innocent victims by tn,
means of swindlings and confidence game
Z THAT the swindlers paid over two hun
dred ($200) dollars a week to the go-be
:. tween, the mayor, the chief and certain
police favorites, for police protection an
for assistance in getting rid of complain
ing and troublesome Victims. The start
ling audacity displayed in the operation
of the swindling and confidence games
and the conduct of the big mitt joints
is almost beyond belief.
The Brazen corruptionists.
..tIn some respects the recital of 18th
manner in which the big*1nitt joints weT
conducted. by Edwards and his numerou
active acconplices,t is such a travesty Q
police administration that it might forl
the theme Of burlescue, but 1t is a fol
chile illustration as well Of the. depths I
e which public officers may sometimes fal
I Complaining victims and neddling patro
G. men were directed to police headqual
!. tiers BY the swindlers and referred to tt
: complacent chief of police. Willing poll.
officers were actually in the employ
: the schening confidence men to ASST
. them in running the Joints, to threate
e the victims with arrest, Ito intimtda
y them into silence and then laugh at the
:; discontinue. In the yernacular sof II
8 big mitt' men, this method of intirnids
a ton was known as throwing a scare IN
FL the suck err. 5s3s
.,rhe testimony of Edwards and Gro
Il man attracted universal public attentio
@ It is true it seriously involved the d
r PENDANT and other public officials. It
a true as counsel state, the men were swil
q Edlers, but the men sWore to facts, and Il
S believed them. M;
Appreciation Of Edwards
n: Edwards, was asremarka BILE witness,
s fine presence, clear. distinct voice,
.- wonderful memory, stating facts with g:
Ill actness and detail It is ito be regrett,
II that a man so, liberally gifted by natu
S should have followed the confidence bus
s ness. 1t can be truly said of William Et
d wards, that the sun; rose upon no sadd
d sight than the man of good abilities al
. good emotions, incapable OF their directt
q exercise. incapable OF his own help al