The pioneer press. (Miller, Hand County, S.D.) 1893-190?, 1904-02-04
HELD THAT EVIDENCE WAS NOT
SUFFICIENT TO PhJVE Of
TENSE.
ANOTHER TRIAL Is IMPROBABLE
CLAIMS HE WAS VICTIM OF A CON.
SPIRACY BENT ON HIS DE-
sTRUcTIoN.

st. Paul Jan. 31.-Dr. Albert AIOnZO
Ames, former mayor of Minneapolis,
sentenced by the Hennepin county dis
trict court to six years in the state
penitcntiary on charge of receiving
a bride from disOrderly women, was
granted a new trial by the state ST.
preme court yesterday on the ground
that the evidence introduced in the
lower court was not sufficient to prove
the offense charged in the indictment.
1t is believed in Minneapolis that
DR.. Ames will never be tried again on
the indictment charging him with cor
ruption while mayor Of Minneapolis.
The county attorney has not said
definitely whether he will retry the
case. Mr. Boardman, the county at
torney, had little to say concerning
THE case.
81 have not read the decision yet"
he said last night, "and until do
cannot tell where we stand. Whether
the case will be tried again or not
cannot say. l shall have 10 look into 1t
thoroughly"
DR.. Ames was iubilant over the de
cision, but maintained that it was
what be evnacted He arrival NJ bia
down town Office about II o'clock yes
terday morning and was met by a
crowd of friends who offered their con
gratulations.
This is. as Won see nv first real
victory" said the four-time mavor
''but it won't be the last if my perse~
cutors continue TO follow me with their
schemes of dest rrction. NV enemies
have tried TO kill me uolitfcallv at
least thew have almost killed mo
physically nv their constant digging M.
me but nv time has come
"Tf I have another trial and 7 SIM
nose one will he ordered I shall have
such q Dreponderance of evidence to
show that was a victim of q con.
sniracv bont rpon nv destruction.
have evidence AT hand TO show that
men Deliberately neriured themselves
to throw me AMI incidentally. perbaps.
TO keen themselves out of prison"
The Indictment CHARGED Ames with
receiving 5000 from Erwin Gardner as
a bribe from numerous women of the
town.
Holds the Indictment Valid.
The maioritv oniniop written bv
Judge evils holds that the indictment
wos vaIid and tbera yvae M error i'm
tho cond,ct of the caen uowover
Trdca EIIiott ebonId have granted a
new trial because the state failed tn
prove the offense charged. Under the
indictment the state had to prove one
of two things. Either Gardner was
the agent of the women, who had q
common understanding and represent
ed them in, procuring protection from
the mayor, or when he paid the $500
to Ames. a single offense was com
mitted. the elimination of the several
acts of the women paying the bride
but on the defendants part a unity of
action and a unity of intent.
AS to the first point there IL no evil
dence to show that the women had
common understanding or that Gard
ner was acting as agent for Ames, and
| the payment of the $500 vas only an
incident in carrying out the scheme.
The defendant is not charged with
conspiracy, so that proof of a scheme
to collect the money does not consti-
tute the offense charged in the indict-
ment, The Indictment charges one CT
tense. The receipt of a bribe, but