The Minneapolis journal., 1902-05-23
A FINE LEGAL BATTLE
The Defense Defeated in Every De-
vice for neIov


vice for Delay.
Yesterday was a sad and inglorious day
for the Minneapolis police department. In
the bribery cases against two members
Of the force be fore Judge A. M. Harrison,
extraordinary efforts were made by the.
defense to secure delay but one after an
ether their motions were denied, their de-
mands refused, and-t objections over
ruled by the court.
+ Following up their plan to give a po-
htical tinge, if possible. to the cases
attorneys for Christ Norbeek and Irwin
Al Gardner, the accused men, employed
every device to gain time and antagonize
the court, with the evident hope that
Judge Harrison would lose his patience
and provide the defense with record by
ruling arbitrarily and unfairly in favor
OF the state on legal questions. The
scheme, however, failed to work; and at
torneys say there is nothing in the record
SO far, upon which the defense can ex-.
pect a reversal from the supreme court.
In spite OF this fact, exceptions were
| taken to every adverse ruling.
Af1idayits of prejudice. demurrers to the
indictments, motions to quash the indict-5
ments, and various other legal subter-
| fuges were advanced and consecutively
overruled by the court. Mr.. Erwin served
a written demand upon the county attor-
ney for the names of witnesses who will,
be called in the Norbeck cases. The de-
mand was refused and the court declined,
to make an order compelling the state to
accede. The usual exception was taken.
A demand was made that the grand jury
| minutes be brought into court. This, too,
| was refused; and again the defense ex-,
cepted. Mr.. Erwin asked for more time.
Assistant County Attorney AL J. Smith
replied that 1t was the intention OF the
state to try all Of the police bribery cases.
at this term OF court, and that. he could,
consequently, agree to no delay The.
court ordered the argument to go on.
Another exception was taken. by the de-
fense. A demand for bill Of particulars,
was presented, and argument on the point
| involved was set for this morning.
/ "A feature Of yesterdays proceedings
was the frequency with which Mr.. Smith
/ cried "Checkmate!" to the moves of the
/ defense Every thinkable subterfuge was
/ called into use, but to all Mr.. Smith had
his arguments ready; and upon every
point the court ruled in his favor. He
| was pre- pared at every turn; and, from
every attack the defense retired beaten
and with nothing In the record to compen-
4 safe for their defeat.
Finally the case against Christopher
! Norbeck was set for trial Tuesday morn
ing. Until yesterday Norbeck had not
entered his plea; but Mr.. Smith insisted
4 that this be done, and when the defendant
Il pleaded not guilty. his attorneys were
allowed only the statutory four days time
before trial.
I. Gardner's Case Set.
Following the disposition of the Nor
beck case, the case against Irwin A. Gard
ner was called. Here the same tactics
!, I were employed; but again was the defense
beaten; and the case set for trial
. Wednesday In the Gardner case, the
! court, after reading over an affidavit %
!, prejudice, permitted it to be filed. The
affidavit relates that Judge Harrison.
! few days ago, predicted to friend that
. all of the accused police officials would
be convicted. 1t also alleges prejudice
against Gardner growing out OF his man
agement Of a disreputable dance place
near Minnehaha, Park and in the neigh
borhood where Judge Harrison resides
Two years ago an attempt was made bs
citizens whose homes are in the Mime.
D haha district to close UP this resort ano
{ Judge Harrison interested himself In the
matter. His action at that time is urged
nv the defense as reason why ne
should not now preside at trial involv-
ing the liberty Of the man whose business
Z he tried to close up two years ago.