The Saint Paul globe., 1904-08-30
Supreme Court Refuses Stay


The supreme court of Minnesota, in
a per curiam decision handed down
late yesterday afternoon, denied the
application of William Choupard, the
Cass Lake murderer for stay of pro-
ceedings while his counsel perfected an
appeal to the supreme court from an
order of Judge Spencer, of BemidJ1,
denying a motion for a new trial, and
Chounard was forced to go to his death.
The motion for a stay was presented
yesterday by L. H. Bailey, of Bemidji,
attorney for the appellant. before three
members of the supreme bench. Chief
Justice Start and Justices Brown and
Lovely heard the oral argument and
the record in the case as presented to
the court
The attorneys argument set forth
alleged errors in the trial courts
charge, supporting his contention that
the courts charge had been INSULT
ciently explicit, leaving the jury With
an impression that the finding must be
either murder in the first degree or an
acquittal The attorney also spoke
somewhat fully of the environment of
his client, and raised the point that
premeditation could not have been
formed in the defendants mind in his
drunken state. Attorney General Dom
ahower, who was present in behalf of
the state, defended Judge Spencer's
charge as fair and clear.
Late in the afternoon the decision
denying the application for stay was
filed with the clerk. After reciting the
indictment, the verdict of the jury, the
warrant of the governor ordering
Chounard to be executed Aug. 80, and
the denial Of the motion for a new trial
and petition for a stay of execution,
the court said that the right to stay,
even in a capital case, is not matter
of absolute right, and the court may
and ought to refuse it if clearly salts
fed upon the inspection of the record
that there is no merit in the appeal.
But if there is any fair doubt on the
question the stay should be granted
until the alleged errors can be formal
iy argued and determined"
No Reversible Errors
Referring to the claims raised by the
defense, the court says: 1T is claimed
by reason of intoxication the defend
ant was incapable of forming an in
tent and therefore he is not guilty OF
murder in the first degree. That was
a question for the jury to decide. The
instructions of the court were fair ana
correct. An examination of the recs
ord with reference to the particular er-
rors urged raises no further doubt in
our minds as to the legality of the de-
PENDANTS conviction, for the record dis
closes no reversible errors" The stay
is ordered denied.
Mrs Marie J. Hit. of Brainerd,
sister of Chounard, who is visiting rel
atives at 904 East Third street, ST.
Paul. ACCOMPANIED Attorney Bailey to
the capitol yesterday afternoon to
learn the result of the final effort made
to stay the execution of her brother.
When at o'clock the decision was
filed and the sister learned the worst
she was overcome by her emotions and
was led weeping, by woman COM
panion from the capitol.
Mrs Hit will remain in st. Paul
for a few days. She has not seen her
brother for some months, it being one
of his wishes that she should not pay
him visit before his execution In
a letter written his sister Chounard
told her that he preferred that she
should not add to her own sorrow and
grief and possibly unnerve him, by
a visit.
In the efforts that have been made to
save ChoUnard from the gallows his
sister has never for moment relaxed
her interest nor stopped at sacrifices.
1t was she who secured in part the
funds for his defense when tried in
the district court of Cass county, and
the defense exhausted practically h6r
entire means and those of an aunt
living near Little Falls.
Could Have Saved His Neck
Chounard, it is said, was offered an
opportunity to plead guilty to murder
in the second degree when his case
was first brought to trial at Walker
in April, but declined to accept the
offer of the prosecuting attorney, and
elected to stand trial. He has since
shown no regret at his decision to re-
fuse life imprisonment at Saltwater,
which would have accompanied his
plea of guilty to the lesser degree of
murder, and has told his attorneys
that he would rather go to his death
than to accept life Imprisonment in a
state prison.
L am in delicate position and do
not like to say much regarding the
case" said Attorney L. H. Bailey yes
terday when he received the decision
of the supreme court denying the mo-
ton for an arrest of judgment
L was not the attorney when the
case against Chounard was tried. If
there ever was a case where drunken
ness could excuse or palliate a crime,
this was the case. Chounard was blind
drunk and had been in a debauch for