The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-07-12

NORTH DakDta Officer accused
by AttorheyB Before Pardon
"A Board
"A grave charge affecting George E.
MOODY, Sheriff of Richland county,
NORTH Dakota, was lodged with the
board of pardons yesterday
10y =. =. Houpt, attorney for Link
mayer, James Hall, Charles w. Hoff-
maj and Homer s. Minot, the four
men erwin long term sentences at
for holding up a Great
Norshefn passenger train near Carlisle,
otler Ialiacounty. in@1S9S.
Line charge against Moody is in effect
mat he was implicated with the men
VINO actually did hold up theltrain, and
that the affidavit which he presents to
the board in support of the plea for
Sciefneney forthe quartette nowin Still
water was wrung from him by force of
circumstances, and then only given on
the advice of his attorney.
District Attorney oupt. who de-
tended the men now in saltwater at
their trial before Judge Searle, in OF
ter Ialf county. and who presented
their unsuccessful appeal to the SUI
preme court, yesterday made a strong
pea Tor the discharge of his clients. on
the ground that they are innocent.
4 Know as far as asman can know
without the use of his senses of see
ing and hearing that these men are
innocent he told the board of par
waste u at rr~
as know am looking at youLustice
start, that they are innocent. know
n a they are not good citizens. They
had no friends and circumstances were
against Them. / felt from the first that
they We're not guilty, and I have done
what Ishaye donesin the past, and what
l am doing now, from "a senseaof my
duty as their attorney. They have no
money nor, friends, andsI do not sre-
eeive a cent for appearing before YOU"
Not Sure of Mems Guilt
Houpt presented aSs1etter from John
W.s Mason, of Fergus Falls,s attorney:
for the Great Northern Railway COM
pany and the Great Northern Express
company, who had been special conn-
sci for the prosecution, expressing the
belief that thegmen had been sufficient
ly punished by their five years i'm
IA SdyliI6 tiIdt lit ndu d.
ways a IAN abiding fear that the
state had convicted the wrong men"
Judge Searle,' the sitting judge, and
Judge L. L. Baxter, the seniorejudge OF
the district court who is also familiar
with the facts, recommended their par
dori, while Nd. ]. Daly,sconnty attorney
when Thayer. was tried and convicted,
n C.%L3 Hilton,swho prosecuted the
other three, also recommended the par
n nm f1A
nocent. F.z,EsS,~ Z
Chief Justice Startssaid Tthaf' If the
FmensWeresnot guilty. they; ough4sstq be
released, shut fsthey We're iguiitysSthefr
punishment had not .toeI severe.
In parts Of the countrKTtrain rob-
bery@wa panishable1 by. death. IF
they are guilty, l dorffot concur In the
theory that they have, been punished
enough; stwentyE Years is. nome too
much" declared the chief justice, with
considerable semphasisafssrABsgv .
Attorney Houpt went into the. merits
/ of the ease at sonnes 1ength.sHe said
he hadsnexef b6esfsablesto reconcile the
testimony eff One,Anderson. "a section
boss,i of Il Wahpetafag with their guilt
Anderson. had testified that he had met
and conyersed with athe men arrested
ats Wahpeton al 9 osclocke Dns the night
of the heldeap, and Wahpeton-is thirty
iii1ACS Xix oIdAG
h~adAenever' disproved5 this Testimony,
nor the.testimony Observation-Disclosures
ofi Breckenridge; who Also testified to
finding the men in asdisorder1y house
in Breckenridge onsthe night of the
robbery.
But did they not findf the tools on
the men?" asked Chief Justice Start,
who, from sitting in the.case when It
was before sthes supFemegc court, is ia
miJior with %ho focfrr 80 -
Dynamite Mayssase Them =
+rhey did,. quickly responded Houpt,
shut if the men had done .t1e.1work
charged to them they o not have
.hads1the dynamite; they would Ahava
used it.. The fact was, the men who
held up the train ram u of nftroS
glyeerin and therefore did not. sue
coed In blowing open the express car
safe" z
Chief Justice start attempted TO
correct Houpts in som 'iofs his state
ments,a and eited~the supreme court
-opinionsssas >pfeof that athe attorney
was wrong. sa5t~ s
"But the septnion doesn't state the
facts" Houpe interposed.5Sa s
That's a pretty severe criticism OF
the supreme court" the chief justice
remarked in IAN aside. Es-2A
Then thes attorney tried to show the
board that thess state had eonvictedethe
wrong men.
I'VE showed the state who commf5-
I-ted the crime,' he said. THE robbers
were the men who were dug out of a
strawstaek NEAR Wahpetonzther next
morning. They were indicted in Otter
Tail county and our sheriff went to
st. Joseph.aMo.,, forsathemsebut they
were under arrest there for crime and
| drew long terms infathe spenitentiary
there. and he did not get them. They
were. the same menawho held up ia
train a few years before at TGlyndor,.
y Grave Charge Against Sheriff
4sMeody,s now sheriff Off Richland
county, shht then a lfve7yraan soffWah-
petop.. .drayeiathese men gtosthe seene
I Of .theahofdAFps He ~anfcosnplfcity
! with sthem, and whilesshe hfd4withtAt the
team behind Some bushes she1 WAS not
willing stoy share in 1nuraer9s afd~when
they begansto shoot . hea drove AWAY
and <left them sto4 wafE4to WahpetoT.
In his saffdaNit he ices sn6tatelis al; for
his evidence would convict them saN.'
L The attorney presented "a petition
signed Sby:. bankers. editors and OTHER
business and lsprofessionaa fAeh8sof
| Fergus. Falls asking sfor the pardon of
the men. Former Sheriff John sBifr
4 linQS -fcxGafd To- hoyxo lrfSrr1Yf2 fQf,- fiji