Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1904-02-04

WINS IN THf SUPREME COUNT
ANOTHER TRIAL IS IMPROBABLE
CLAIMS HE WAS VICTIM OF A CON.
sPIRACY BENT ON HIS DE-
sTRucTioN.

st. Panl, Jan. 31.-Dr. Albert Alonzo
Ames, former mayor OF Minneapolis.
sentenced by the Hennepin county dis
trict court to six years in the state
penitentiary on a charge of receiving
a bride from disorderly women. was
granted a new trial by the state su
preme our 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 l
cannot tell where we stand. Whether
the case will be tried again or not
cannot say. | shall have to look into 1t
thoroughly"
DR.. Ames was jubilant over the de
cision, but maintained hat II was
what he expected. He arrived at bis
down town Office about II o'clock yes
terday morning and was met by
crowd of friends who offered their cos
gratulations.
This is, as you see, my first real
victory" said the four-time mayor,
"but it won't be the last if my perse-
cutors continue to follow me with their
schemes of destruction. My enemies
have tried to kill me politically, at
least they have almost killed me
physically by their constant digging at
me, but my time has come.
"f l have another trial. and / sup
pose one will be ordered, | shall have
such a preponderance of evidence to
show that | was a victim of q con
spiracy bent upon my destruction. J
have evidence at hand to show that
men deliberately perjured themselves
to throw me and incidentally. perhaps,
to keep themselves out OF prison."
The indictment charged Ames with
receiving 5000 from Erwin Gardner as
O bride from numerous women of the
town.
Holds the Indictment Valid.
The majority opinion, written by
Judge Lewis. holds that the indictment
was valid, and there was no error in
the conduct OF the case. However,
Judge Elliott should have granted a
new trial, because the state failed to
prove the offense charged. Under the
indictment the state had to prove n
of two things. Either Gardner was
the agent of the women, who had a
common understanding and represent
ed them IN procuring protection from
the mayor, " 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 is no evil
dence to show that the women had a
common understanding or that Gard
ner was acting as agent for Ames. and
the payment of the $500 was 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 oGcsse charged in the indict-
ment. The indictment charges one CT
Tense. The receipt Of a bride, but
there Is a complete failure of proof Of
the act charged in the indictment.
Reasons Of the Minority.
This opinion Is concurred N by
Chief Justice Start and Judge Collins
Judges Lovely and Brown concur In
the result, but for a different reason.
They hold that the indictment charged
a number of distinct offenses. 1t sub
jected the defendant to an inquisition
which is not a necessity in a criminal
proceeding. The court should either
have set the indictment aside for un-
certainty, or granted the motion Of tho
defense, that the state be required to
elect ono Of the crimes charged and
conine the proof to that one offense.
These two judges hold hat there
was no question about the proof. II
the indictment was good the evidence
was ample to justify conviction.
From either point of view the de-
Tense wins. One side holds the in
dictment good and the evidence insult
ncient. The minority says the evil
dence was strong enough but the in
dictment was bad.