The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-05-02
BIG POINT. FOR STATE
Evidence Permissible on Various Pay
merts-Gardner Cross.Exanined.

| ments-Gardner Cross-ExamIned.
| Judge Elliott yesterday overruled the
defendants much argued motion to COM
pei the state, to elect which particular
payment of "the graft would be relied
upon for conviction. The ruling was
victory Of Importance for the state, for
| this argument was considered as the
crucial point of the case.
| The validity of the omnibus Indictment
! is upheld and row the gates are open
for the introduction OF the mass Of evil
| dence necessary for proving the collection
of the $500 and its payment to DR.. Ames
| In the courts opinion the fact that this
money was collected. from between forty
and fifty different women fails to make
each payment a separate crime because
all Of these payments were gathered to-
! gether and paid in one lump sum by Gard
ner to Anes, the man accused of receiving
la bride.
The Importance of the decision extends
beyond it's specific application to the case
at bar. If Judge Elliott's ruling is up
held by the supreme court, it will establish
a precedent which will make the convic-
8 ton off&Venal public officials much easier
in the future. 80 = =
After Judge Elliott had denied the de-
PENDANTS motion to have the evidence at
, the present trial restricted to one partic-
ular payment, Irwin a. Gardner was re-
4 called to the stand. He testified that he
received money from forty or fifty witt
. nesses. At the request Of the. defense
. County Attorney Boardman askedEif Mayor
Ames was present on any 5of the occa-
sions that money was paid to the witness
l by women.
Gardner replied that he could not recall
any.
: The Women Who Paid.
:. After considerable quibbling between
counsel the witness was permitted to Civ
a list Of the women from whom he col
!, lected money
= = II can only give part he said. 'Sadie
: Byrd, Gladys Barr, both paid $25. They
occupied floors above each other, 4O6 Sec.
ond avenue S. Connie Berg, 4os Second
9 avenue S, $25; Augusta Hayden, Third
avenue N, 245 or PAT, $25; woman named
Whitaker on Washington avenue be-
: tween Second and Third avenues N, $40
), Bessie Lee, First avenue S. 1 think $40
: but I am not sure. Nellie Wells, 1881
First avenue, SIS; Annie Dole, 2oS Secont
street, $40; Florence Wood, First stree
and Sixth avenue s, SIS; Addie Wells, 90
. Third street S, SIS; frankie Veull, SIS
: May Roselle, over Kings saloon on Hen
9 nepin avenue, 500; Jessie Harris, acros
n the street, PSI Hennepin, $25; Edna Miller
: Hennepin avenue, near Fourth, SIS; Mis-
La Mar, around the corner on Fifth street
:. s15 Lena Davis, SIS; Grace, Wilson
l. Fourth avenue and Fourth street, SIS
), There were two or three others in tina
g neighborhood I can't remember. Ethe
Ford Second street, between First an,
Third avenue, SIS or $40. don't remem
: Der. Ray Harris, 305 Washington avenu
Il S, SIS; Mamie Bennett, on Fifth street
r two hundred and something, $25. That
n about all I can think of now. One b,
: the name of Burnhaln, First avenu
n S, I think SO, and that's all can recal
now. There were some few on Secon
= avenue one named Adams on Washingto
avenue S, who paid SIS; Sadie Moore O.
Third avenue s., she paid $40. Lady b.
the name of Harris, 245 Second street S
SIS. That's all know now
4 Between Dec ,15 and 80. 1901. just afte
+. / DR.. Anes had returned from his huntin
trip, the witness said that he had collecte
to Or. Ames at the mayors office in tn
city hall. .. s
Brown Saw the Money.
{ Eat the time you paid this money wa
there anybody else in the room?'' aske
Mr.. Boardman
Eyes, sir. Tom R. Brown, the mayor
private secretary"
Explain where
when came in the office the. door be
tween the outer and private office wa
closed. Tom Brown was in the outer q
fee. I went into the office and sat dow
The shelf of the mayors desk was pulle
out: gave the mayor the money. n
81 put rubber binder around it and put
in his pocket. Tom came in, but what
saw or heard cannot say. I was in abo,
fifteen minutes. Tom was going out ar
in as he. pleased
Before going into the mayors priva,
office did you engage in any converse
ton with Mr.. Brown"
81 did,
do you recollect Of any one Of Il
women who paid money to you being a
frosted? %
Eyes, SIR s#
What was her name?'
Harris"
WAS anything said between you al
the mayor regarding the woman's a
S.} lrest?',
g Yes. It was some time after Dec. i
% What was the conversation? ~.
81 said that as she had been payi,
the fine there must be some mistakeslI
gave me $50 to pay the fine. He said su,
g thing should not happen
bs DO you know whether or not til
woman afterwards went back. to her roo
and engaged In the same business as b
fore? %
Yes, she did,
In response to q question as to hi
much he, was getting for this work, e
witness replied that he was working
DR.. Ames on a salary. at first for SIS
I week and later on for $25. - IS. /.
- He admitted that he had been tried q
convicted for completely In the pol,
graft system, but said that new tt