The Saint Paul globe., 1904-01-30
MAYOR AMES is
SAVED FROM PRISON
BY DECISIONO OF THE
StJPREME COURT
Continued From First Page.

women III the ful1lImelI Oh d cOullHOll
understanding and represented them
in procuring protection from the mayor
when he paid the, $500 to Ames, as al
legged in his testimony, or when Gard
ner paid this money to the mayor a
single and distinct offense was COM
mitted in the receiving of a brlbe OF
$500, and that tf1is act, even though the
elimination of several acts On the part
of other people, showed on defendants S
part unity of action and unity of in
tent.
1t is held by the court that it is not
shown in the evidence that the women
had common understanding or that
Gardner was their agent. AS to the
second point, the court says that the
evidence is that Gardner was acting as
agent for Anes and the payment of the
5000 was only an incident in carrying
out the general scheme. The defend
ant, the court points out, is not charged
with conspiracy and therefore proof OF
a scheme to collect the money does not
constitute the offense charged In the
Indictment. The Indictment charges
one offense-the acceptance of a bribe
but there is a complete failure of
proof of the act charged In the 1nd1ct-
ment.
Minority Opinion.
The minority opinion of Justices
Brown and Lovely opens with the
statement:
1--WE concur in the result reached in
this case, but not for the reasons
given in the opinion of this court.
The opinion then sets forth the con-
stitutional right of every person ac-
cused of crime to be furnished reason
1h1V 0prfniyo y1fn fiOr Of the charge
upon which he is to be charged, to en-
able him to prepare for his defense. or
to avail himself Of the plea of former
jeopardy. This right, it is said, was
not accorded the accused in this in
dictment. The minority opinion holds
that the indictment charged number
of distinct offenses and subjected the
defendant to an inquiSition not nee
essary in criminal proceeding. 1t
says that the court should either have
set the Indictment aside for uncertain
ty or granted the motion of the de-
fense that the state be required to
elect one of the crimes charged and
conf1ne the proof to that one offense.
These judges contend that there was
no question as to the proof. That If
the indictment was in itself good, the
evidence was ample to secure convic-
ton. slf
In effect the decision makes DR..
Ames free man, and there is a general
belief that it precludes further prose-
cution under the numerous charges
which were brought forward against
him in connection with his administra-
tion as mayor of Minneapolis. 1t is
generally accepted by attorneys who
have followed the case that after the
decision of yesterday County Attorney
Boardman will attempt no further ac
tiOn under the Indictment on which
the former trial was based. In fact,
Mr.. Boardman has said himself that he
does not believe he will do so. 1t is also
believed that. having failed in what he
believed to be its strongest case, the
state will not push the other indict-
ments pending against DR.. Ames.
DR.. A. A. Ames entered upon the Of
fee of mayor of Minneapolis Jan. 1,
1901, and while still holding that office
left Minneapolis for West Baden, Ind,
Jan. Is, 1902. While at West Baden
he sent his resignation, under pressure,
and on Feb. 6 he left West Baden to
elude the sheriff and went to Vermont.
There he remained Tor some time in
hiding, but returned voluntarily in
March to stand trial on the charges
against him.
Says He Expected 1t.
When seen yesterday in relation to
the decision of the supreme court, DR..
Ames said
II have been expecting this all the
time, and my preparations to con-
tinue practice here were made in the
belief that the supreme court would
do as it has done; because I could, not
see how such a body could have done
otherwise.
Il am no more guilty of the charge
made against me than you are, and it
was nice thing for me- sick man as
I was at that time, to have the evil
dence presented against me chased up
by prosecutors and considered favor
ably by the county officials and the
court"
IF the case should come to trial
again there will be submitted some
new evidence said the doctor. TN the
case now disposed of, one phase Of the
question was not touched on, but it will
be next time. 1t will be shown that
there was a conspiracy to put me out of
the way, and that on the very night of
my inauguration certain well known
politicians were heard to make the
threat that within three months they
would have me behind the bars.
"A careful review of all the incl
dents in connection with the political
and other prominence l have been re-
ceiving has been prepared and may see
the light of day before long.
I do not earanother trial, although
l am inclined to think that others not
friendly to me might. But 1 doubt if
the present persecution is popular. A
travelling man told me yesterday that
he had just returned from a tour of 1874
towns in this state and that he did not
meet ten men opposed to me in any
way who did not say that they were
disgusted with the persecution given
Doc Ames
Il am not done yet. There are poll
tical campaigns to be reckoned with. I
haven't lost the power of speech yet,
and l am ID If have any fear of
them.''
High Courts Opinion.
The syllabus of the opinion in chief is
as follows:
1. Chapter 151, Laws 1899, regulating
the manner of drawing jurors in counties
having population of 200, 600, is general
law, and is constitutional and not class
legislation
q Under section 1862, G. s.. 1894 the
court for good cause, may permit a chal-
and before the jury is completed. The
state having come into possession of new
evidence bearing upon the Jurors suitabil-
ity, moved for permission to re-eXamine
juror upon the question of actual bias.
Held The cause Shown was sufficient,
and there was no error in the ruling
3. An indictment charged that on the