The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-03-16
NO NEW TRIAL
FOR HAZARD
Judge Brooks Thinks Conviction
Of Dapper Bigamist Was
Justified by Evidence.
Prisoners Lawyers Will Perfect
an Appeal to Supreme Court
at Once.
Court, Convinced of Prisoner s
Guilt, Says Technicalities Don't
Warrant New Trial.

Judge f. c. Brooks this morning
filed an order in which he denies de-
PENDANTS motion for new trial in the
case of the state against S. G. Hazard,
convicted Of bigamy and sentenced to
two years in the penitentiary.
An appeal will be perfected at once.
A stay until March FL was allowed
by the court, at which time the de-
PENDANT will probably be sent to Still
water pending the supreme courts ac-
ton.
The West Pointer was in the court
room this morning when Judge
Brooks took the bench to announce
the decision which meant so much to
the man of many wives. He listened
to the decision in his usual cool and
dignified way, but plainly WINGED
when the word denied" was slowly
pronounced by the court. The ruling
came with an added shock in that it
was wholly unexpected by the prison
err, who has been confident of the
granting Of the motion which practlc-
ally meant liberty to him.
The Judge intimated from the bench
this morning that the question raised
on the validity Of the indictment was
very close one, but that in view of a
recent decision he preferred to have
the supreme court pass upon the ques-
ton. He stated plainly that he was
convinced Of the prisoners guilt and
did not believe that the technical err
rors urged were of sufficient import
ance to warrant the court in granting
a new trial. ---.. - s.-... 81
= The Courts Reasons.
In answering defendants contention
that the state failed to- prove Viva
Fitchpatrick's divorces from previous
Brooks in his lengthy memorandum
states: e.
When it is necessary to prove that any
particular issue was tried in support Of a
plea in bar or an alleged estoppel, the
entire record must be produced, or sc
much Of 1t as establishes the fact But
If the purpose is to prove merely the fact
that judgment was rendered. and it's con-
tents in an action thereon, or when the
matter is juged upon its face, the judg-
ment alone is sufficient And the Judgment
or its certified transcript thereof, in al
cases, establishes prina facie that all pre-
liminary proceedings were regular.
Evidence Was Conclusive.
The evidence IN this case, assuming
that the first alleged wife was capable in
law Of contracting marriage on March T.
1903, is abundantly sufficient to sustain
the verdict. The second marriage was
wholly undisputed and was, in fact, con-
coded by the defendants counsel. The
first marriage was established without
any objection whatever from the defend
ant, by the testimony of the wife; also
by the testimony of one who claimed tt
be present at the time Aside from the
direct testimony, there was an abundance
Of the strongest kind of circumstantial o.
Indirect testimony, amply sufficient O.
itself to warrant a finding Of guilt. II
fact, the test mony Of the wife materially
aided the defense by fixing the time ant
place Of the marriage, and thus enabling
the defendant to offer the only testimony
which he produced. and which would
otherwise have been wholly inlmaterial
Except for the testimony Of the wife, thu
jury might readily have found guilt, with
out concerning itself about time or place
and no doubt because Of this no objection
asmade thereto.
1t Is not pretended that the defendan
was not fully advised in advance of tn,
| trial who it was that the state woult
claim to be his lawful wife. Nor is /
claimed that the alleged first wife wa!
not In truth and fact a single woman a
| the time the alleged first marriage tool
place. And in view of the. undoubte,
guilt Of the defendant no new trial should
in my opinion, be granted by this cour
upon the purely technical grounds her
| 1Ir 80. ~.