The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-08-08

who says further: "The following
evening in a conversation with Ryan
he said he was going to give up this
life, go back to some little town and
work at his trade, that of shoemalSing.
and lead an honest life. asked him
at that time why he should be afraid
to tell the truth in the Mccartney
Burns case. I said the crime was a
most heinous one and was confident
that Mccartney was guilty and he said
he knew It, and that IL he was put on
the witness stand he would tell the
whole truth. Ryan said that he would
feel If he didn't tell the truth he
would be as guilty as the man
who committed the murder. A peculiar
circumstance in the case lies in the
fact that after June FL, 1907, Mozart
ney dropped the alias of Roy Smith
and never again used it, but always
stuck to his own name, Charles Nc
Cartney."
Much Testimony.
Among the testimony in the hands
OF the United States officers which
was shown The Forum are a number
of letters from different places OF i'm
prisonment where Mccartney was in
and letter written by him
to the United States marshaps office
here, in which he says he is innocent
of any connection with the Burns' case
and in which he states he is coming to
Fargo to prove an aIibi. The case
presents interesting features and 1t
was this phase of ii, and the fact that
the crime was of such a dastardly
character that led the federal officers
to look into it. The murderer Of Grace
Burns may never be brought to JUS
tice, but the federal officers will al
ways believe that they did their duty
in the matter and that they were right
In their deductions and conclusions.
They Feel Confident.
Every officer of the United States
marshals Office in this city, who was
working on the Grace Burns murder |
case, is of the opinion that in Nc |
Cartney they had the right man. They |
say that their work was most con-
scientiously DONE and in this they are /
backed up by Captain Callahan, the |
famous Minnesota detective, who re-
Gently telephoned to Marshal Shea
that he was confident that in Mozart
ney they had the guilty man. Mr..
Callahan gave considerable of his time |
and attention to the case.
States Attorney Fowler when seen |
by The Forum stated that he had no
statement to make other than he had |
declined to issue the warrant because |
he believed the evidence was not suffi-
cient to produce a conviction. He also |
stated that Attorney General Miller |
had also refused to take any action in |
the matter 1.-THE matter had been re-
ferred to Judge Charles A. Pollock, |
who had given an opinion on the evil |
dence, and the following is the letter |
which was addressed to United States |
Marshal Shea and his chief deputy, |
Gilbert Stout:
Aug. 5, 1910.
James F. Shea
and
Gilbert Stout,
Fargo, N. D.
Gentlemen have, yesterday after |
noon and evening, examined with care |
the papers you handed me at noon to- |
day, purporting to give the testimony |
In your possession relative to the kill |
ing of Grace Burns.
/ noted your statement that the |
states attorney, Arthur Fowler, had |
to permit the issuance of a |
upon such testimony, causing |
the arrest Of one Charles Mccartney, !
whom you believe such evidence shows |
committed the crime of her murder. |
After reading the testimony I asked |
both the states attorney, Mr. Fowler |
and his assistant, w. S. Stambaugh, to |
come to my office that we might care |
fully review such evidence. They COM |
piled with my request and not only ex-
amined with me the papers you gave |
me, but told me Of the many separate |
and independent Investigations made |
by them covering all ehe facts, suspi- |
cions and clews within their knowl- |
edge.
From a careful examination of all
such facts as shown, considered in the
light of all the well-known rules of
law as to circumstantial evidence, the
rule of reasonable doubt and the strict
proof required in homicide cases, l am
Of the opinion that there is not as yet
sufficient evidence presented to justify
the issuance of such warrant.
Under the present practice where a
grand jury is not called, it becomes
the duty of the states attorney to, in