Little Falls herald. [volume] (Little Falls, Morrison County, Minn.) 1889-1950, 1906-01-05
gs
THEY Will GO FREE
st. Cloud Men Escape
Prosecution Through
Technicalities

st. Cloud Times: Samuel Hayward
and Dan Allen. arrested some time
ago on indictments charging them
with carnal knowledge and aouse Of
Tracy Biange, girl under sixteen
years Of age, and Mrs. Edith Lesser,
now ser wing sentence in the county
jail for inveieliDg the Same girl for
the purposes of prostitution, ore ali
TO 70 free because of the discovery
that the girl. Tracy Biange. is in re-.
ality over sixteen years, the age of
consent. For this reAson 1t would be
impossible for the state to try the
defendants under the indictments.
Some time ago County Attorney
Himsl with view to getting at the
exact truth of the matter. wrote to
Chicago. where Tracy Biange vas
born, for the purpose Of securing the
exact date Of her birth. The priest of
the parish to which the Biauge family
belonged during their residence in
Chicago and the records of Cook
county we're both questioned. A day
or two ago reply was received from
Rev. Father LANCE, pastor of st.
Joseph 9 church, Southport, Chicago,
stating that the records of that church
show that Tracy Bisnge, daughter Of
Mr.. and Mrs. August BisnRe, was
born IN That city on March Z. 1889,
and was ohristened March 10, three
days later. That would make the
girls age over sixteen years and near
" seventeen. instead of II years, and
eight months, as sworn to BY her
father at the time tho defendants in
the above cases were taken into GUS
tody. -: r~- IA Il
With this and other indisputable
evidence In his possession, County At
torney aimsl had nothing to do other
than move dismissal and save the
county expense in trying to prosecute
q hopeless case. Mr.. Himsl. there.
fore atFriday morning q session of the
district court, brought the matter 60
the attention of Judge Searle. He in
formed the court of the various facts
and evidence in his possession and of
the impossibility of convicting the
defendants on the charges named in
the indictments, at the same time
moving dismissal of all three indict-
mente. Judge .Searle made q few
brief remarks when the county at
tornev had finished. saying that he
had no comm ents to make on the
cases with reference to the moral, or
In fact, any other phase excepting
the legal. g, He said that in view Of
teh evidence adduoed there was
nothing left for him to do. other
than grant the motion and dismiss
the indictments. He 90 ordered.
Comfy Attorney Himsl states that
when he discovered the state would
be unable to prosecute IN the oarnal
knowledge indictment. owing to, the
fact that the Qirl wss over is veare,
he made up his mind to charge them
with fornioation- Northumberland
not an indiotable offense. Even this
recourse was tlocked, however, for
the reason that It has been discovered
the girl accepted money from certain
men, wilfully allowing hereelf to be
violated. Under the eyes of the law,
she is therefore nothing more or less
than q common prostitute and society
has no legal remedy. =
While Hayward and Allen are thus
found innocent of the crime charged
In the indictments and cannot be
reached bv the law, they are never
theless guilty of a crime against co.
ciety to say nothing Of the besmirch.
ing which their own character re-
ceives.
Mrs. Lesser as freed from the county
Jail TODAY. She has been serving SEN
tence for an offense which the law
says she did not commit. because the
girl was of an age, when the statutes
say she could decide herself a. to
whether or not she desired to lead a
life Of shame,