The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-12-19
Supreme Court Grants New Trials
on the Gardner and Fitch 81
cite Appeals.
Main Obstacle in Gardeners Case
Was His Appearance Before
Grand Jury.
The Two Decisions Have a Strong
Bearing on Other Cases
Pending.
Irwin A. Gardner is to have new trial.

Irwin A. Gardner is to have new trial.
Coffee John" Fitchette would have sot
one had lie lived. .'.'
The supreme court handed down opin-
Ions in both cases this morning and in
both the lower court was reversed. LyEhe
opinions are important, not alone for their
bearing upon the, two, cases in which they
were filed, but because Of their probable
effect upon subsequent trials Of grating
officials.
The decision In the Ftchette case may
be held to have direct bearing upon the
case of Former Chief of Police Frederick
W. Ames, now upder conviction, whose
formal motion for new trial will be
argued before Judge Brooks Wednesday
morning The ground for reversal in the
Fitchette case was the reception OF
evidence going to prove the commission of
another, though similar crime, to that
charged in the Indictment Ames was
convicted of having accepted bride of
SIS from a woman of the town. and
evidence was received during the trial
of the case which proved his acceptance
Of the one bride to have been only one in
cident Of series. A score or more of
social outcasts testified that they had been
visited by Joseph Cohen, who acted as
the chiefs collector, and that they had
paid him money. Each one of these
transactions was, Of course. a distinct
crime and may be held to come within
the meaning Of the courts decision. Yet
County Attorney Boardman said this
morning that he believed a conviction
would be impossible without this evidence.
Under a liberal construction Of the
courts ruling even Norbeck might have
had a chance to escape had he not
pleaded guilty. He is now serving time in
Saltwater
Reversed on TechnicaIitIes.
The reversals are on technical grounds
merely. They do not attemp ito assert
the innocence of the convicted men,
though they may result in winning for
them immunity from punishment.
In the Gardner case the reversal was
granted on two points; the one similar to
the grounds urged successfully by Messrs.
Lane & Nantz Fitchette's attorneys, and
the other because Gardner had been a
witness before the grand jury prior to his
Indictment. When the Gardner indict-
ment was returned. his attorneys at once
moved to quash it because of this last
fact. Gardner himself fled an affidavit
in which he related that he had been
called before the jury and questioned
and that. in response to questions. he
had thereupon testified and told "all he
knew regarding" the matters Of Inquiry
According to the construction placed
upon this affidavit by the lower court. il
contained no allegation that he had givef
testimony which was subsequently used
garded as of so little Importance by the
state that 1t was not even traversed. The
supreme court says it should have beer
traversed and that the motion to quasi
should have been granted in the absence
of any evidence going to show that Gard
ner's testimony was not used against him
self.
Effect on Or. Ames.
It is regarded possibility, at least
that the supreme courts action In these
cases may prove a panacea for the Ills
TO which Mayor Ames has been victim
ever since his fight from Minneap polls
some months ago. A county official sug-
gested this morning that the opinions
handed down might prove wonderfully eff
ficacious as liver medicine, and added tina
he would not b esurprised to learn that thu
fugitive mayor had made UP his mind tt
return and face the music. "Such pianis
simo music" he concluded could scarce
ly harm even so confirmed an lnVaild a.
the genial doctor.
Gardner was convicted Of being the go
between between Mayor A. A. Anes AM
the big mitt' men who say they pa1t
the Ames administration for protection II
their nefarious business. He was con
victed largely upon the sensational testi
mony of Billy Edwards, the biggest o
the big mitters and a clever crook, afte
O. trial showing the utter rottenness o
the administration.
Captain Fitchette was convicted Of haV
ing accepted 5000 for securing the appoint
ment of an applicant for a place on tn
police force.