The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1904-02-05
.AM[S IS FREE Man
FORMER MAYOR OF MINNEAPo.
LIS Is GRANTED A NEW
TRIAL.
WINS IN THE SUPREME COURT
HELD THAT EVIDENCE WAS NOT
SUFFICIENT TO PROVE OF.
TENSE.
ANOTHER TRIAL Is IMPROBABLE
CLAIMS HE WAS VICTIM OF A CON.
sPIRAcY BENT ON HIS DE.
STRUcTIoN.

st. Paul, Jan. 30.-Dr. Albert Alonzo
Ames, former mayor of Minneapolis,
sentenced by the Hennepin county dis
trict court to six years in the state
penitentiary on charge of receiving
a bride from rdisorderly women, was
granted new trial by the state SUI
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.
II have not read the decision yet"
he said last night, land until 1 do
cannot tell where we stand. Whether
the case will be tried again or not l
cannot say. shall have to look into it
thoroughly"
Ames Is Elated.
DR.. Ames was jubilant over the de-
cision, but maintained that it was
what he expected. He arrived at his
down town Office about II o'clock yes
terday morning and was met by a
crowd of friends who offered their con-
CALCULATIONS.
"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.
'If 1 have another trial, and I sup.
pose one will be ordered, shall have
such preponderance of evidence to
show that I was a victim of con-
spiracy bent upon my destruction. I
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 $500 from Erwin Gardner as
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
new trial, because the state failed to
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
common understanding and represent
ed them in, procuring protection from
the mayor, or when he paid the 5000
to Ames, single offense was CON-
mitted, the elimination of the several
acts of the women paying the bride,
but on the defendants part unity of
action and unity of intent.
AS to the first point there is no eyi-
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 was only an
incident in carrying out the scheme.
The defendant is not charged with
conspiracy, so that proof of scheme
to collect the money does not consti-
tute the offense charged in the indict-
ment. The indictment charges one Of
fense The receipt of a bribe, but
there is complete failure of proof of
the act charged in the Indictment.
Reasons of the Minority.
This opinion is concurred in by
Chief Justice Start and Judge Collins.
Judges Lovely and Brown concur in
the result, but for different reason.
They hold that the indictment charged
a number of distinct offenses. It sub
jected the defendant to an inquisition
which is not necessity in a criminal
proceeding. The court should either
have set the Indictment aside for un-
certainty, or granted the motion Of the
defense, that the state be required to
elect one Of the crimes charged and
confine the proof to that one offense.
These two judges hold that there
was no question about the proof If
the indictment was sgd the evidence
was ample to justify nviction.
From either point view the de-
tense wins. One 81 holds the in
dictment good and til evidence insult
ficient. The minority says the evil
dence was strong enough but the in
dictment was bad.