The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-01-19
And the State Needs Them Badly In
Prosecution of Municipal
, Cases.
With Them Gone, the Present Case
Against Irwin Gardner
Is Weak.
There Is Possibility That His In
dictment May Be Sought on
Another Charge.

ful charlie" Howard, the two big mitt
mon whose sensational evidence was
largely responsible for the conVlctlon OK
Irwin A. Gardner and other penellc'arles
OF the municipal graft:
That is a question which Is now being
asked by Hennepin county OFFICIALS. Inc
county attorneys office. the sherlffs o.
flee the courts and members OF the pres
ont grand Jury are all said to be interest
ed in the answer to the query ana any
information would be very acceptaple.
From all accounts these two men, VINO
are essential to the proving OF a case
against Gardner and are needed IN Varl
Gus ways for the further prosecution VI
alleged offenders, have evidently peen III
duced to leave this vicinity and from all
indications they are beyohd the le"eii ~
local officers.
It's learned on good authority that SUD-
poenaes have been issued for the two con-
fidence men, who are wanted to appear
before the present grand jury. Inese
subpoenas 50 members Of the sherlff
staff state, have not been turned over to
them but they admit that Billy and
.:Cheerful Charlie have gone and that
the service Of any subpoena upon either
or both of them Would probably be an i'm
possibility.
Where the two have gone is a matter
In DISPUTE One rumor has 1t that they
have crossed the line and are enjoying the
air of freedom in King Edwards Amerl-
can possessions. Another report is to the
effect that the two were last heard Of at
or ear Denver, Col.
Gardeners Case Affected.
The disappearance OF Edwards and
Howard is responsible for new conditions
surrounding the prosecution OF Irwin A.
Gardner, charged with accepting a bride,
convicted of the crime in the district court
but granted a new trial in the superior
court.
The status Of the case at present is
briefly this The supreme court refused
to sustain the verdict rendered by a jury
In the lower tribunal and granted a new
trial on the ground; first. that evidence
was admitted tending to prove the com
mission of other and separate offenses
from the one charged in the indictment;
second, that evidence given by the de
PENDANT himself before the grand jury
was used in finding a true bin against
him. The county attorneys office denies
the latter assertion and it Is the intention
to secure afdaxits; from grand Jurymen,
from Al J. Smith, who had, charge of athe
Gardner trial. and from others who We're
before the grand jury, al to the effect that
the defendants testimony was not used
in finding the Indictment on Which. he was
tried and convicted. If this can be proved
to the satisfaction of the trial Judge then
the old indictment charging the defendant
with accepting a bride from one Cross
man, who in return received police protec-
ton. will stand, and it has been the in
tention Of County Attorney Boardman
under these circumstances. to try Gardner
again on the old Indictment.
With Edwards and Howard gone. how
ever, the case assumes a very different
aspect. Billy Edwards was the hack
bone Of the states case and without his
evidence and that Of his pal, Howard. 1t
is conceded that can be made out
If these men cannot be found, the case
against Irwin A. Gardner will undoubtedly
have to be noled and the offender allowed
TO go free.
Were They "induced" to Go?
This has led to several sumises. Among
them Is the guess made quite generally
that the old gang Is still working to-
gether. 1t Is suggested that after Gard
ner's 10000 bail was taken down, an ar
rangement was made whereby the states
witnesses We're shown that it. was to thei
best interests to fold their tents and 81
lenty steal away. These are mere ru
mors, but investigation may reveal some
interesting facts in regard to the trans
action
1t is further understood tina the Cross
man case Is not the only one that can b.
brought against Irwin a. Gardner. 1t !!
understood that this defendant may b.
accused of other connection with the col
lection of the graft and it is believed
to be the intention of the county attorne.
to bring evidence before the grand jur.
which will result In the finding of othe
Indictments against Gardner for offense
similar to those charged against 10
Cohen, accused Of collecting money from
women Of the town for police protection
After a weeks rest the grand jury re
convened this morning and just what it
course will be in these interesting matter
remains to be seen. 1t is believed, how
ever, that an effort will be made to cine
the offenders already under suspicion an
general finishing up of the municpa
housekeeping operation attempted.