OCR Interpretation

St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, June 16, 1889, Image 1

Image and text provided by Minnesota Historical Society; Saint Paul, MN

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn90059522/1889-06-16/ed-1/seq-1/

What is OCR?

Thumbnail for

Lives of great men all remind us,
If we would be truly wise,
We should tell folks where to find us;
We should learn to ADVERTISE.
A Verdict for the Defendant
in the Hertogs Suit for
The Newspaper Is the Best
Guardian of the Morals
of the Public.
A Victory for the Press in Its
Duty of Uncovering Cor
the Globe Sustained by the
Jury in a Memorable Law
UDGE and Jury
have passed, re
spectively, upon
the law and the
facts in the libel
suit brought by
Amelia Hertogs,
of Minneapolis,
against the
Globe, and the
• r result is a com-
Iplete vindication
of the position
taken by the
Globe. At 5
o'clock yesterday
afternoon, after
four days of the
trial of the cause
and 7 hours of
deliberation, the
jury returned a
verdict for the
defendant. 'This
verdict was re-
garded by all who heard the testimony
as a foregone conclusion, and though
the defendant was the recipient of the
congratulations customary upon such
occasions, there • was no surprise
manifested in legal and journal
istic circles. The Globe had thor
oughly investigated the facts in the case
before the publication and had strength
ened and fortified its position afterward
and there was no time in the history of
the case, from the filing of the prelim
inary papers to the retirement of the
jury, that the slightest doubt of the
result was felt in this office. The Globe
did not court the suit, nor did it invite
it, but having done it's public duty in
the premises, and having had the issue
forced upon it, the situation was ac
cepted, the light made and the battle
won without the loss of a single point.
On Feb. 8 last there was published in
these columns a sketch of some of the
transactions of Amelia Hertogs. a Min
neapolis dressmaker. Stories had been
afloat concerning her which tended to
show her business was not confined to
dressmaking, but was extended to trans
actions with certain houses of bad re
pute that did not greatly redound to
her credit and that were more or less a
menace to the public. These charges
will not be reproduced here, as there is
no feeling in the matter and the public
welfare has been conserved. The arti
cle was accompanied by the following
cut. purporting to be a picture of Mrs.
Hertogs :
really did her an unintentional injus
tice, as she is a fine looking woman,
with iron-grey hair, handsome figure
and good carriage. immediately upon
the publication Mrs. Hertogs employed
counsel ana, as the law directs, de
nounced the charges as false and de
famatory. No paper solicits the luxury
of an expensive defense to a libel suit
and a full retraction was published
within the time prescribed by law. But
this did not satisfy the subject of
the sketch, and she began an ac
tion in libel, demanding the munifi
cent sum ot $50,000. The gage of
battle was thrown and promptly ac
cepted by the Globe, though with re
gret for what must follow. An answer
to the complaint was filed by non. E. M.
Wilson in which the paper justified, or
in other words, declared its charges
true. A competent detective was em
ployed, and in two weeks' time a web of
evidence was woven about the plaintiff
from which escape was impossible.
The trial of the case came on
last Tuesday, before a jury of
intelligent business men, and con
tinued until yesterday evening. The
publication o f
the full testi
mony has been
purposely omit
ted, as the
Globe had al
ready perform
ed its public
duty and had no
desire to need
lessly humiliate
\the plaintiff or
readers. The
case was admir
ably conducted
by Mr. Wilson,
and was finally summed up on Friday
evening, though at an - hour too late to
admit of the charge to the jury on that
When the suit was again called in the
district court yesterday morning nearly
every seat was occupied, the crowd in
attendance including nearly a hundred
lawyers, all of whom seemed greatly in
terested in the able charge of Judge
Young to the jury, who were told at the
outset that public newspapers, and es
pecially a daily paper like the Globe,
fill a very important place, one that we
cannot do without.
Continuing, the judge said, in ; substance,
mong other things, that a daily newspaper
is ii powerful agon
—one of the most
powerful agents in
society. It is prop
er that it should
seek to micovei
and expose cor
ruption wherevei
found, but in doing
so it is charged
with a responsibil
itvfor its utterances
which is also prop
er. It will not dc
to expose even a
great wrong with
out proper investi
gation. But it ii
not to be expected
that mistakes will
not be made; the
paper must make
such investigation
as will warrant a
publication in good faith. A mere belief iv
the truth of the statements made will not
suffice, unless the information is of such a
character and from such a source as
would warrant a prudent man in giv
ing it credit. If the Globe, before the
pubhea^n, made such investigation
as would/ justify a belief in the truth of the
same, then it acted in good fai th, but of this
the jury must judge. But good faith is not
alone sufficient. The publication must be
with good intentions, and
The law will not permit even the truth to
be published, if it be of a character to cast
reproach upon others, unless to serve some
good purpose, unless the welfare of the pub
lic demands it. You will see from this that
when a newspaper seeks to uncover some
thing that corrupts morals, it is a laudable
object, but the statement must be accurate,
or substantially. There can be no question
but that the article published in
the Globe was on its face a
libel, that it contained charge upon
charge of immoral if not criminal conduct
on tlie part of the plaintiff, charges which, if
not true, should entitle her to damages and
heavy damages— not only actual damages as
for loss of business, if any, but damages by
reason of attacks upon her character and the
bad reputation it is likely to give her. The
law imposes on the defendant the burden of
proof— the presumption is that the charges
are untrue; that no woman could do as the
plaintiff is alleged to have done. But while
a false statement is libelous, the legislature
has seen tit to enact that after the publica
tion of a libel, and within three days of
a demand therefor, the paper may publish
a retraction, and that if it does so", and the
article is published in good faith, even
though false in fact, then, in the event of a
libel suit, the plaintiff shail take only actual
damage. In this case a retraction was de
manded, and the defense claims it to have
been made. The retraction was complete in
itself in that each and every statement in
the article was withdrawn: but this is not
enough; it must have been published as
conspicuously, and of this the jury must
judge. The court instructs you that the
plaintiff, not having proven any actual dam
ages by loss of business or otherwise, or at
tempted to do so, she cannot recover there
for; neither can she recover general damages
if you find the retraction to have been com
plete iv all respects, and this
However, the defense do not " rely upon
this only— have two defenses, and they
are not conflicting. If the retraction is not
complete, you may still consider it in mitiga
tion of damages, and iv the matter of good
faith, or the inquiry upon which it is
founded, it is not necessary that the same
should have been made in what may be
termed, in this case at least, the better walks
of life;. in the nature of things the inquiry
had to be made largely among a disreputable
class, but they may have been truthful for
all that. You must determine whether or
not information was sought and inquiry
made where it would be most likely to get
at the facts, whether a ' disreputable source
was not the best place; it could not
be had from a dry goods merchant,
but necessarily must have been looked for in
the places and among the classes where the
alleged 1 immoral practices were carried on.
Independent of the retraction, the law per
mits what is called justification, that is, the
defendant may prove the truth of its state
ment, and if it does so that is a complete de
fense. In this case the main charge, the
gravamen of the article is that the defendant
was engaged in the business of a procuress—
that she induced innocent girls to enter
nouses and lead a life of shame and other
girls to change from house to house. If she
has done this then the defendant is justified,
but of this you are to judge, because
it is not claimed dv the defendant that
all of its charges have been proven. I
do not recall any evidence to show that
plaintiff induced girls who were absolutely
innocent to enter such house, it would ap
pear that while they may not have been pure,
while their previous conduct may not have
been without reproach, they had not en
tered upon what we know as a life of shame
until induced so to do by the plaintiff, and
by her taken to houses; and it also
that she has taken girls from one house to
another, or advised the same, and that she
was at least largely instrumental in sending
the girls you have heard mentioned to a
house of ill-lame in Montana. You have
heard the testimony, and if you believe
it to be true many of the charges
must be considered as sustained, be
cause the plaintiff, who has had an op
portunity to do so. has not seen fit to con
tradict them. The evidence shows a very
bad condition of things, a low state of mor
als in our midst, but you are to determine
whether or not the publication is true. If
you find that some of the charges are true
and that others are remembering that
all not proven are to be deemed untrue— then
you may consider the charges proven in miti
gation of damages. And, you will be justi
fied,iudeed, it will be your duty, to determine
as to how the charges proven affect the char
acter of the plaintiff: because if you find
from the evidence in the case that the plaint
iff had little or no character to lose at the
time of the publication you must consider
this in determining what damages, if any.she
is entitled to, for it will be evident to you
that in such a case she would
be entitled to much smaller - dam
ages than if her character was good,
and in like manner you may determine
whether or not her character was such as to
entitle her to any damages at all. - You will
also bear in mind that it is her character, her
reputation that is to be considered ; you are
not to award damages because of Her hus
band or children— they are not to be consid
ered by you. Remember that she is not en
titled to actual damages from loss of busi
ness in any event, if you find the article was
published in good faith and for a good pur
pose, even though untrue, and that the re
traction was such as the law contemplates,
you will find for the defendant: if you do
not so find as to the retraction, but do find
that the charges have been substantially
proven, then you will also find for the de
fendant; if you find the charges not to have
been proven, then you will find for the
plaintiff, fixing the damages at such amount,
not exceeding the amount claimed by plain
tiff ($50,000) . as under the instructions of
the court you may agree upon.
The delivery of the charge occupied
nearly one hour, the foregoing. being a
mere synopsis and not the exact lan
guage of the judge, and at 10 o'clock
the jury retired, returning at about 5
o'clock with a verdict for the defendant.
As on many other occasions,some of the
secrets of the jury room leaked out very
soon after the discharge of the "twelve
men, good and true," and it seems that
while they were out about twelve hours,
but few ballots were taken. The first
ballot stood 9 to 3 in favor of the Globe,
whereupon the minority explained that
they only wanted a verdict for costs for
Mrs. Hertogs, because the Globe
could stand it. The majority would not
have it, and after a brief discussion a
vote was taken as to what damages
should be awarded, if any, to Mrs.
Hertogs, the result being 'as follows:
Goose eggs, 6; % cent, 1; 1 cent, 2: 6
cents. 1; 125, 2. More discussion, and
at 5 o'clock it being evident that Mrs.
Hertogs could not get a verdict, one
juryman having surrendered earlier,
the two in the minority yielded the
point as to costs, "to save the ; disgrace
of another trial," and the verdict was
agreed upon as stated above.
Bonds Purchased •'.
Washington, June 15.— follow
ing is a statement ■of United States
bonds purchased from August' 3, 1887,
to date: Amount bought, of 4s, $61,
--652,600; of 4>£s, $109,554,600; total, $171,
--207,200. Cost of 4s, 179,009,314; of 4}£s,
18,621,904; total, $197,631,218. Cost at
maturity, of 4s, $108,635,613; of 4^s,
$124,702,047; total, $233,337,660. Savings,
4s, $29,628,297; 4Ks, $6,080,143; total,
$35,706,441. ■ -..
A Friend of Mrs. Sabin's Re
pells the Insinuations
Against the Senator.
She Went Into the Asylum
Knowingly and Has Perfect
Liberty of Action.
Her Comfort Is Provided for
and She Has No Complaints
to Make.
Forest Fires Have Burnt
Themselves Out— Firemen's
New Yobk, June Prompted by
statements that the wife of Senator D.
M. Sabin, of Minnesota, was "thrown
into an insane asylum and detained
there against her will while a divorce
was obtained and without the knowledge
of her relatives," E. C. Taintor, of 239
Broadway, New York city, has prepared
this statement: "Before marriage
Mrs. Sabin was a member of the
family of Dr. Hutchins, of Daniel
sonville, Conn. I am a son-in
law of Dr. Hutchins, and have acted as
the next friend of Mrs. Sabin in this
matter. Reports casting discredit on
Senator Sabin were so far from true
that they were intolerable even to the
friends of the lady. Mrs. Sabin had
herself made written application to be
admitted for treatment to the institu
tion at Flushing, L. 1., where she now
is. She did so because it was
the best thing, and she did it after
consultation with her friends, and
took the step and without compulsion
on the part of Senator Sabin, or, in fact,
of any one. I accompanied her there
and placed her in the doctor's care and
have since frequently called upon her
there. She has entire
and is free to come and go, to receive
her friends and to communicate with
them, which she continually does. At
a recent interview with me she ex
pressed her desire to remain there as
long as possible, and afterwards wrote
to me asking me to use my influence
with the senator to provide for her con
tinued treatment there. This Senator
Sabin willingly did when asked, regard
less of the great expense incurred. In
fact, there has been no disposition on
the part of Senator Sabin to withhold
anything that would contribute to Mrs.
Sabin's comfort or welfare. Everything
requested or suggested by Mrs. Sabin
or myself, or any other of her relatives
or friends has been freely done, and
satisfactory provision has been made
for her future support by Senator
Sabin. Mrs. Sabin and her friends
have been fully aware of the divorce
suit from the beginning to the end
and have been at all times free to op
pose the suit, if she or they had so de
sired. Her friends and relatives ac
knowledge that Senator Sabin has acted
generously by her in his provisions for
her present and future comfort, and
they consider that his conduct in the
whole matter has been all that could be
expected under the melancholy circum
stances of the case.
Burned Out.
Special to the Globe.
Tower, June 15.— The forest fires are
still burning, but about all the damage
possible has been done. The loss to
timber and other property will foot up
to several thousand dollars.
South Dakota Firemen.
Special to the Globe.
Yankton, S. D., June 15.— South
Dakota Firemen's association will hold
their sixth annual tournament at Ynnk
ton, commencing Friday, June 18, and
continuing throughout the week. On
Wednesday, Thursday and Friday, Prof.
Ward, the aeronaut, will descend in a
parachute from an elevation of 3,000
feet, and on Friday a Western league
ball game will be played between the
Minneapolis ana Sioux City teams. Tnis
will be a postponed game which was
occasioned by the rain at Minneapolis
two weeks ago. The streets are gaily
decorated to-night, and special accom
modation have been provided for the
10,000 visitors that are expected.
United States Engineers at La
Crosse to Locate a Bridge.
Special to the Globe.
LaCrosse, Wis., June 15.— Lieut.
Col. Suitor and Maj. Miller, St. Louis,
and Maj. Mackenzie, of Rock Island,
constituting commissioners to examine
plans and report on location of the pro
posed wagon bridge across the Missis
sippi, held a meeting here to-day. City
officers, steamboat owners and the pub
lic generally attended, and the matter
was freely discussed. River men ob
ject to the location proposed as a hin
drance to free navigation, and wish the
bridge to go lower down. During the
afternoon the commissioners drove
about the city and inquired into the
manufacturing and commercial situa
tions as one feature of . their duty.
To-morrow it is proposed to examine
the river with a steamboat, which will
run a log raft by the town as a practical
demonstration of what portion or the
channel is used for such purpose.
Won't Pay Taxes.
Special to the Glooe.
Sioux City, 10., June 15.— The Win
nebago Indians on the reservation on
the Nebraska side of the Missouri river,
six miies below this city, have signed a
bill providing for the disposal of all
their unallotted lands, which will bring
into the market something over 30,000
acres, and the whites in that vicinity
are exceedingly happy over the matter.
It is confidently believed that the
Omahas will follow in the footsteps of
the Winnebagos, and that in the near
future Thurston county, Neb., will
have a good, healthy boom. ; These
steps have been . brought about by the
attempt of the assessors :to list the In
dians. They will not pay the taxes.
Postal Matters.
Special to the Globe.
Washington, June 15.— Postmasters ]
appointed to-day, Minnesota: H. C.
Odney, Verkhoven, vice Woodburn, re
moved; S. J. Haaraless, New York
Mills, vice Ormsby, 'removed; Henry
Fox, Rice, vice Walter, removed. Da
kota: James A. Finley, Pine Ridge
Agency, vice Wallace, removed Post
masters commissioned, Dakota: Ira
Park, Antioch; William B. Tapley,
Frankfort Edwin H. rover, llanna
ford; Spencer L. Sage, St. Lawrence;.
Charles Gordinier, Vandervoort. Min
nesota: Ivor Thompson, Cyrus. ■ A
new postoffice named "Lyman", has
been ordered to be established twelve
miles southeast of Sauk Center, on lay
man's Prairie, Steams county. It is
named after Hand Lyman, the first set
tler in that county.
Without a License,
Special to the Globe.
Furgus Falls, June Peter
Schroeder, a wealthy brewer of Per
ham, was brought to this city yesterday
afternoon charged with selling liquor
without a license. He was taken before
Justice Frankberg, waived examination
and was bound over, giving $200 bail.
Schroeder has been furnishing beer by
the keg to the people of Henning, a
neighboring village which voted "no
license" last spring. He had an agent
there and shipped beer in regularly,
and the temperance people are deter
mined to stop it if possible.
The Hoppers Wiped Ont.
Special to the Globe.
lergus Falls, June 15.— Capt. O. C.
Chase, chairman of the county board of
commissioners, returned from Perham
yesterday and announces that the fight
against grasshoppers is over. None of
the insects have hatched upon land that
has been plowed, and those that have
hatched on unplowed land have been
destroyed. Some 6,000 acres have been
plowed at a cost of about $8,000 to the
state. Capt. Chase believes that this
swarm of grasshoppers is wiped out
permanently. He speaks in nigh terms
of Prof. Lugger's services.
Well Entertained.
Special to the Globe. •
West Superior, Wis., June- 15.— A
special train of six coaches of the East
ern railway celebrated the inauguration
of its passenger service by giving an ex
cursion to the head of the lake. The
train contained about forty representa
tive business men of St. Paul and Min
neapolis, besides prominent railroad
men. The guests were met by the city
council and prominent citizens and
taken for a sail about the harbor on the
steamer Plowboy. They expressed
much surprise at the steamers of the
Northern line, the elevators and coal
docks. The party left for Duluth in
the evening.
Severed His Windpipe.
Special to the Globe. >
La Crosse, Wis., June 15.— A singu
lar accident is reported from the village
of Midway, this county. William Kind
hammer, working on a new building, fell
to the ground. He had a sharp ax or
hatchet in his hand which somehow
struck him across the ; throat, severing
the windpipe. Doctors conld not be had
for some time, and on arriving found
one lung full of blood and one arm
broken. He was alive this afternoon, .
but the doctors say he is certain to die
very soon. He has a family, v ; % ; -/s -._ •
Walked in Her Sleep. " ,
Special to the Globe. '."",
Eau Claire, June 25.— Miss May
Hotchkiss, daughter of a well-known
East side citizen, while walking in her
sleep last night, stepped off the landing
of an outside stairway and fell fifteen
or twenty feet to the ground, sustain
ing concussion of the brain and both
fracturing and dislocating her right
shoulder. She lay insensible for five
hours, when she was picked up by
members of the family about 6 o'clock
in the morning. Her recovery is un
A Soaking Rain.
Special to the Globe.
Pierre. S. D., June 15.— A steady
soaking rain has been falling all day,
making the prespect for a good crop on
the Missouri slope first-class this season.
Pierre firemen have decided to abandon
the steamboat excursion to the Yankton
tournament, not having come to satis
factory terms with the Benton Trans
portation company for hiring the steamer
Helena. One hook and ladder and one
hose company will now go ununi
formed. __
Another Palace.
Special to tne Globe.
Sioux City, 10., June 15.— The corn
palace festival will be repeated in Sioux
City next fall. That fact was settled at
a meeting held to-night, and over $10,000
has been subscribed toward paying the
expenses. Permanent officers were
elected, and work will begin at once to
make the affair a greater success than
on the two previous occasions, if pos
Fire at Wansan.
Special to the Globe.
Wausau, Wis., June 15.— J. H.
Joice's handsome residence on East hill
was partly destroyed by fire last night,
with the contents. Loss between $4,000
and $5,000. Insured for $4,000, $2,500 on
the house in the Royal, of Liverpool,
and $1,500 on goods in the Northern, of
London. It is supposed to have caught
from a lamp.
Farmers' Alliance.
Special to the Globe.
Yankton, S. D., June 15.— county
farmers' alliance was formed here
to-day. Addresses were made by Hon.
J. W' Hardin, of Woonsocket, and F. B.
Fancher. vice president of the territo
rial alliance. This organization is pre
paring for an active campaign in Da
kota politics.
Drowned in a Pond.
Special to the Globe.
Wausau, Wis., June Richard
Priebe, a six-year-old son of August
Priebe, was drowned in Stewart's mill
pond this morning at 10 o'clock. The
body was recovered after twenty min
utes. Doctors worked over him three
hours, but failed to resuscitate him.
Still Have Hopes. .
Special to the Globe.
Washington, June 15.— 1t is believed
here that the appointment of Dr. Leon
ard, of Rochester, to be consul ; general
to Shanghai, finishes the Gjertsen case.
The latter's friends, however, hope that
Gjertsen may yet be appointed to Cal
The Dronth Broken.
Special to the Globe
Yankton, S. D., June 15,— Rain vis
ited this part of Dakota to-day. Crops
are in a fair condition, but have suffered
considerably by drouth. Small grain is
the only crop thus affected, the corn
being in good condition.
Boy Drowned.
Special to the Globe.
Chippewa Falls, Wis., June 15.— .
young lad named Gus Frederickson,
aged thirteen years, was drowned in
the Chippewa river at this place this af
ternoon while bathing. . yy- -Sy-
Lost His Leg.
Special to the Globe. ' • . - - N • '-••'■■ : .--'
Tower, June 15.— Will Spain, a
brakeman on tbe . switch engine in the :
mine yard, was run over this afternoon
and his left leg cut off. He is in a very
serious state at present. -
- — ; -. .."■■."'• - "■' i
The Troops Arrive at Mille
I f Lacs and Will Now March
Back Again.
A Terrible Experience in the
Trackless Forests of the
All to Ascertain That a
Drunken Indian Had Shot
:• at a White Man.
Capt. Hannay Holds a Council
With the Chiefs and Learns
Special to the Globe.
■ Mille Lacs Lake, June 15.— After
twenty-three miles of the most terrible
traveling that troops ever underwent in
this state Capt. Hannay and Lieut. Free
land, with their detachment of thirteen
soldiers, reached this point at 9:30 Fri
day night, ten hours and a half out from
Mora. The journey was made by a literal
hand-to-hand tight with a wilderness of
pine stumpage, mudholes, windfalls and
a trail only opened this spring. At times it
was necessary to hew a path through
the forest, or "all hands" turn in and
rescue supply wagons and horses ■ from
depfchless abysses of mud. A heavy
fall of rain for two hours added to . the
discomfort and fatigue made doubly
burdensome by swarms of hungry gnats.
The old troopers, who have done service
m Montana and Dakota, agreed that
the march was over the worst territory
they ever got into. Now that the
center of the Indian trouble has
-\ '■•■.-:■ -HON." H. M. RICE, yy ,'->>-
Chairman Chippewa Commission. -
been reached and people can be found
whose word is to be relied upon, it ap
pears that the trouble has not been seri
ous enough to warrant the- presence of
troops. The relations between the
squatters and ,: the Indians s \ are so
strained that encounters have been fre
quent, and culminated on Wednesday
in the murder of an inoffensive Swede,
the driving of; settlers from the re
serve,' and the threat from the
Indians that .1 they. intended to
; drive away ." or ; kill ' all whites
' upon the reservation. To go back to the
i beginning of the trouble on this reser
vation. In ;or about 1862 the general
] government agreed to pay. the Chippe
':- was upon the Mille%acs reservation,
: and in twenty-three annual payments,
. a compensation sum for their lands,
something over three ; townships, or
about 61,000 acres. The Indians accepted
\ this, and in 1885 received their last pay
ment, and the reservation was declared
open for settlement. Afterwards it was
closed again, owing to the fear of
an Indians outbreak, and until
the Indians could be moved.
Since then, owing to the fail
ure of congre ss to act, the reservation
; has remained closed, while the Indians
and whites confronted each other,
In 1882 there was over 60,000,000 feet
of pine on the reserve and the soil when
free from stumps, made excellent farm
land. As soon as the Indians had been
paid their last annual payment the
whites began their struggle for entrance.
Ex-Senator Sabin and A. H. Wilder are
said to have scripped 24,000 of the 61,000
acres. Sabin afterwards sold his por
tion to Weyerhauser. Squatters poured
in and the Indians were crowded out. At
the same time the whiskey trader and
others seeking to dupe or use the abo
rigines poured in the liquor. Further,
the Indians holding that they still pos
sessed the land, gave powers of agent
and attorney to Johnathan Simmons
and Nathan Richardson, of Little Falls,
to protect their Interests.; It is claimed
here that these last two have persist
ently urged the Indians to drive the
I whites out. Thus -bad whiskey and
a clouded title to land has given
; the i Chippewas two seemingly very
! sore grievances. This spring their bad
1 blood has been most manifest against
I the squatters upon the reserve. The
1 bucks have had unlimited liquor from
Aitkin, Brainerd and Mora, and armed
with good Winchesters, have terrorized
their opponents. On Jan. 5 one of
them attempted to kill R. P. Briggs, but
was prevented by his squaw. On May
25 Joseph H. Deweg narrowly escaped
with his life. The bucks all the time
kept warning the whites to move or
they would be killed. During the last
fortnight preparations : for a medicine
dance gave the Indians occasion for a
drunk. Conspicuous in the spree was
an Indian, Wadena, a tough and bully.
Sunday last Wadena was stabbed by an
old ij chief ■ins aj. quarrel. Monday and
Tuesday he was drunk and conversing
with a wild crowd of followers.
, Wednesday night they went to the resi
dence of ; wen ? Magnusson, who ■' lived
at Mosoraoni point.the summer grounds
j of the Indians. Magnusson had done
Wadena numberless kind acts, never
; less, with whoops and- howls, they
called him to his door, and as he came'
out Wadena shot him twice in the face.
They then went on to three families,
•who had been on the reserve but a day,
"and drove ■: them out. It :is certainly
known that they have not killed
.several persons in . that neighbor
hood who ; were , first reported . mas
sacred. The whites here have been too
scared to venture out and inspect. Mag
usson: - fell '- at r his own door, but man
'k-*TGi»G.' ' -
aged to crawl to the house of Andrew
Berg and tell his story. Berg warned the
Briggs brothers and so the alarm came.
On Thursday Magnusson was taken
across the lake to Brainerd for treat
ment. Saturday morning Capt. Hannay
made Mosomoni point, where the In
dians called a council to receive him.
Te-Cum-Me-Gersen, Wartip Tia, Keg
Wedoshe and other chiefs were
Henry Vinuet acted as interpreter.
Reg Wedoshe did the most talking. He
is the father of the murderer Wadena.
He denied the bad actions of the Indi
ans, claimed ill . treatment . from , the
whites and said the murder was caused
by whisky furnished by white men. He
said that Wadena had not in
tended to kill . Maguasson, but that he
was drunk and mistook him for
a man whom he : had a grudge against.
None " of the? chiefs would reveal
by a direct assertion that Wadena had
done the killing. Capt. Hannay warned
them of the consequence of ill-behavior
and the -troops withdrew. The return
journey to Mora was begun Saturday
afternoon, and St. Paul will hardly be
reached before Sunday. The result of
the trio, has been nothing, except to
demonstrate the assminity of some one
in sending a . large body of troops
into . a practically unbroken pine
country. The government has
expended some thousands of
dollars on this farcial campaign to dem
onstrate that between squatters, bad
whisky and cheating trades an Indian
is occasionally forced into killing a
white man. One man in two days, at
an expense of $15, could have done the
same thing. It may come to pass that
the lusty bucks of Mille Lacs will kill
at wholesale rates some day, but the
settlers are well armed. Very few have
their " wives with ; them, and an
outbreak could not possibly con
tinue long. The, violation of the
liquor laws are so open here that an
easy explanation is found in that for
the frequent troubles betweenfltbe
whites and Indians. Capt. Hannay
found nothing to warrant the belief that
a massacre is to be feared, or that the
Indians had gone any.: further than to
have a whisky carouse. The civil auth
orities will act in the case of the shoot
ing of Magnusson.
With a Whoop and a Howl the In
■ dians Shot Him Down and Fled.
Special to the Globe. . . ' ■
St. Cloud, June 15.— Swan Magnus
son, who was said to have been killed
by the Chippewa Indians at Mille Lacs
in the first dispatches, is now lying dan
gerously wounded at the hospital in this
city. He has two wounds in his head,
inflicted by a small caliber revolver.
One is on the . left side, enter
ing the cheek close to the
nose. The . other bullet struck
him on the right side of the face and
lodged in his neck. Surgeons here are
of the opinion that he may recover. He
does not speak English, and the follow
ing is substantially i what . was learned
in an . interview with him through a
Swedish . interpreter. He lived on a
claim in a Swedish settlement on the
East shore of Mille Lacs lake, which he
worked as a farm. The Swedes were
industrious, treated the Indians fairly
and never had any trouble. Lately,
however, the Indians had been supplied
with whisky in large quantities, and on
such occasions would display all the
primeval savageness Jthe noble red man
of the forest is capable of in the way of
whoops and sun dances, but even then
they did not molest the whites. On
Wednesday last the Indians.as Magnus
son presumes, had again been supplied
witb fire water and that night one of the
Chippewas, Wadena, came to his house
and requested him to come out. Mag
nuson's relations with Wadena had
always been friendly, and although his
actions betrayed that he was under the
influence of liquor, he went to the door.
As be opened it the Indian shouted the
war whoop, emptied two chambers of
the revolver into his face and ran.
Magnuson fell unconscious and was
soon after picked up by some of his
neighbors, ; who heard the shooting.
Fearing more trouble they rowed across
the lake and then took him to Brainerd,
from which point he was sent here.
Nothing Yet Accomplished at
Pine Ridge, Bat Qniet Work Is
Being Done.
Special to the Globe.
Pine Ridge Agency, S. D., June 15.
—A heavy wind storm almost destroyed
the great roofed space which had been
intended for the council of the Indians,
yesterday afternoon, and nothing has
been done except to repair the damage.
The Indians have not all arrived yet,
though couriers have been dispatched
to the different camps to summon them.
On the south side of the agency lies the
wide-spreading encampment of Chief
Red Cloud, while on all sides are many
other camps. . Louis Richard, an old
time chief of scouts under Gen. Crook,
has been among these Indians explain
ing the bill and working in its interest.
He is close-mouthed and says nothing as
to what the result of the meetiugs here
will be. The commission will possibly
remain here for two weeks, and even
longer. The visiting of agencies will
not be concluded before Aug. 15 at this
rate of progress. Three councils were
held in the camp to-day, at which Gov.
Foster put in an appearance and gave
them a little informal talk, setting
forth the purpose for ; which the com
mission had come among them, allud
ing incidentally to the success of negoti
ations at Rosebud agency. Speeches
were made by several of the prominent
older Indians, which disclose a strong
- spirit OF opposition
to the treaty. Among others may be
mentioned Red Cloud, Big Road and
White Antelope as the most earnest in
their opposition to • the treaty. Red
Cloud has at last openly declared -him
self as against any sale -of land, ex
pressing himself to the effect that bis
people needed all the land which . they
had now, and that to properly induct
them into the - mysteries of the white
man's civilization all this land would
be required, without the relinquish
ment of an acre. Taken as
a whole the situation here seems simi
lar to that at Rosebud when the com
mission came there. The mixed bloods
and white men intermarried into the
tribe are in favor of the bill, knowing
this to be the most advantageous offer
ever made, or ever - likely to be made.
The acknowledged leader of the younger
and more progressive Indians > here is
Young-Man-Afraid-of-His- Horse, and
he leads the advocates of the treaty.
He • is credited with :< the expression :
"When ■;- my friend, Gen. : Crook,
comes and tells me he has a good heart
towards the Indians." ': With , him are
Fast .Thunder, No Flesh and Six
"Feather. . There are at this : agency'
about 5,600 , Indians, with 1,830 adults,
not including the white men who will
be allowed - a voice ;.. in the matter.
Though their connection with the tribe
by marriage, these people are , arrayed
for or against the bill with a large num
ber.- or the . fence ready to climb
down on ,- the . side where there
the most numerous crowd or the juiciest
beef roasts are to be had.
Clara Blatz Tells the Shock
ing Story of Her Brutal
Practices With Her Paramour
That Robbed Her of
Her Reason.
Doctors Come to the Conclu
sion That Her Mind
Is Unbalanced.
The Case Cannot Be Con
cluded Before To-Mor
Beyond the pale 'of a little uncer
tainty, the end of the Clara Blatz trial
can be seen. Eleven long and weary
days have been spent in empaneling
the jury and hearing the case thus far.
Five days were occupied in active trial,
and six days in challenging and swear
ing jurors. - When court opened yes
terday morning, all had good reason to
expect that the case would 'go to the
jury last night. -Such hopes ; were
doomed, however, to disappointment
where the defense began anew its ob
stiuate fight. The monotony was slight
ly relieved when Mrs. Reid. the ex
matron of the county jail, very meekly
informed the court that as she was
sworneon the day before to "tell the
whole truth and nothing but the truth,"
she desired to make an explanation of
her evidence given on Friday. She
startled those present by telling the
court that she had not slept a wink on
Friday night and tbat her conscience
had caused her great uneasiness.
She had been thinking the matter
over very seriously and has come to the
conclusion that since Clara Blatz was
on trial for her life she had better get
the benefit of Mrs. Reid's scruples.
Mrs. Reid!s testimony on Friday was to
the effect that she did not think Clara
Blatz was insane. After she had made
her speech to the court yesterday she
unfolded a Beat little memorandum,
which, she told the court, would
refresh her memory as to some of
the specific aud peculiar actions
of the prisoner while in jail. Mrs. Reid
desired to be heard from the witness
stand again, saying she did not Intend
to be "bluffed by any one." This was
suggestive of the cross-examination ad
ministered by the county attorney.
Judge Kelly thought a memorandum
prepared at such a late date would not
be admissible, so Mrs. Reid was com
pelled to lay aside he notes, take
the - stand and- testify from . her
mental pictures alone. Mrs. Reid
then stated .-., that : . the ,; prisoner .
laughed a great - deal when arraigned
ana acted very silly. •'. The ■ prisoner's :
sole pleasure seemed to be in the pos
session ;of a small : tintype picture of
Doherty which she kept under her pil
low. Mrs. Reid's further testimony was
relative to the prisoner's broken jaw,
how she suffered from it, etc. The wit
ness would not testify that she believed
Clara Blatz insane at the time she noticed
the strange actions of the prisoner,
but now. looking back over the past
for weeks, she believes that the woman
Blatz must have been insane. Mrs.
Walker, the present matron, was called
to testify to the late actions of the pris
oner, and how they compared with
those immediately succeeding her im
prisonment. Attorney Egan objected
to it as irregular, and the court sus
tained him. John Work testified to
some details of the quarrels Doherty
had with the prisoner when they lived
at 176 East Fifth street. Dr. E. H.Whit
combe took the stand about 10:45 and
answered questions as to his treatment
of the prisoner at the time her jaw was
broken and she was lying in the house
corner Rosabel and Seventh streets.
In his . examination the doctor found
that the fracture of the bones extended
to the nasal and malor, the latter being
splintered. She suffered such terrible
pain and agony that the doctor pre
scribed morphine. -- As she regained
the use of her teeth she became
very irritable. He had noticed some
thing strange and peculiar about her
eyes, and at that time thought that the
woman was suffering from a slieht af
fection of the brain. Attorney Warner
then brought up the matter of intro
ducing expert testimony bearing upon
the question of what effect the practices
ot Doherty upon the prisoner would
have upon the latter's
The defense had prepared to prove
what the court said it must show to se
cure the admission of such testimony.
The court also ruled that if it could be
shown by the prisoner that she herself
was unchaste and a low prostitute, and
had permitted such fiendish and loath
some abuse, the court would admit the
evidence on that question as far as it
affected her sanity. Something shock
ingly obscene was expected, and the
court room was ordered cleared. Three
witnesses, two reporters, the jury and
the court officials were the only per
sons , allowed to remain. The
prisoner was put upon the stand,
and, without a blush, acknowledged
having been a party to such unnatural
indulgence. This was all the court
wanted of her. Dr. Whitcomb again
took the stand, and dilated upon the
effects of such licentiousness upon the
physical and mental faculties of the
prisoner. At 2 o'clock Judge Egan be
gan the cross-examination of the wit
ness in a vigorous manner. Dr. Whit,
comb testified that it was quite possible
that the prisoner was insane on the day
of the homicide all due to the abusive
and lustful relations with her para
mour. Judge Egan briefly recalled all
the events which transpired at the time
of the murder and those previous there
to for many years, and then asked the
doctor whether he could, under the cir
cumstances, swear that Clara Blatz was
insane. The witness would not state
positively whether she was or not, but
asserted that certainly her mind must
have been extremely weak and flighty
and her brain diseased. Her < entire
physical and mental- resources had
been drained of all vitality— so to
speak— the pernicious habits
heretofore alluded to. The witness ad
mitted that he had no settled reason for
believing the prisoner to be insane when
he was treating her broken face; but he
was unusually attracted by symptoms
; which, upon reflection, he concluded
were very suggestive of mental derange
ment. Judge Egan recalled how marvel
ously correct and retentive the prison
er's memory proved to be from her own
accurate * testimony concerning every
thing in her life < from birth to within
two ■ days of trW crime, and then, ob
livious of all that occurred " in : the ■ two
days previous and the fatal day, she
, dlstlnctitly c remembered -everything
from the morning after the shooting to
the present day. He asked. the witness
if that was possible with a really insane
person, and if it did not appear like a
design to deceive the jury. : The wit
ness and . the county ; attorney en
i gaged in a lengthy ■ discussion about
Let us, then, be up and doing,
The public mind to probe;
Still inviting, still pursuing
Trade and Profit through the GLOBE.
NO. 167.
the degree of responsibility
of persons under a delusion,
illusion or hallucination. The doctor
rightly argued that "delusion' was an
erroneous vision to the mind of some
thing in "'.reality, and therefore based
upon fact. liie prisoner may have
been laboring under the delusion that
the deceased would do her great bodily
harm or kill her if he saw her again,
and in her weak and frenzied condition,
if such it was, she blindly
ascribed such intention •to Do
herty, and when she saw him
she shot upon an unreasonable
impulse. An 'illusion' is an unreal vis
ison, presented to the mental or bodily
eye, and if the prisoner was swayed by
this mad picture of the imagination, she
was not excusable, accarding to the
ideas of the medical world. Hallucina
tion is the belief -in the existence of
things which have no real existence
iv a false conception which one
is unable to distinguish from a
true perception. The county at
torney questioned and cross
questioned to elicit upon what the wit
ness based his convictions of a partial
insanity of the prisoner. Dr. Jones, of
Minneapolis, a physician of the St.
Peter insane asylum, was the next wit
ness called. He was on the stand from
3 o'clock until adjournment at 5. His
testimony was an exhaustive lect
ure upon the various forms
of Insanity, the possibilities and
responsibilities of an enfeebled mind
and disorganized reason. The county
attorney fired his verbal grape and can
nister of logic and reason, while the
witness coolly responded with his sci
entific facts and technical diagnosis of
the prisoner's case. The witness did
not credit emotional insanity, and did
not think that Clara Blatz was suffering
or had ever suffered from partial
insanity OK transitokiai? mania;
but he did think tnat her case was
one of chronic mania. When asked
upon what he based his conclusion, lie
said upon observation and study of the
hypothetical statement of facts of the
prisoner's life. In : Dr. Jones' case, as
in Dr. Whitcomb's, everything, or nearly
everything, was based upon a hypo
thetical statement of facts. They had
both heard what had been incident to
the prisoner's career, and diagnosed her
case accordingly.
"Doctor," asked Judge Egan, "do yon con
sider a person afflicted with chronic mania
capable of discerning right from wrong and
do you think, from what you have reard of
this case, that the prisoner knew she was
shooting Doherty with a deadly weapon, and
by so doing intended to kill him?''
. "It ; depends much upon the affection.
Some persons would know ruin from wrong.
others would be denser in their coma condi
tion and would not. I think the prisoner
knew she was shooting Doherty, but I do not
think she could comprehend the gravity of
the act." v
. "You mean she did not appreciate tte
weight of the consequences of • firing a pistol
bullet into the body of the man; don't you?"'
"Well, yes.''
"Is revenge a motive, doctor?"
"Yes; but I do not think it was in this
"What was, then?"
"Jealousy. I should say."
"Doctor, if this woman should have shot
you or me or any one else, after having been
the subject of such a life as . she claims she
has led, or any other woman surrounded for
the same period of time by similar condi
tions, should shoot A., B. or "C, what would
you think of her?"
• r5 "I should say she was crazy."
- Here the court adjourned; and- the
defense announced that all its testimony
was in. The greatest part of the odious
trial is over. On Monday morning
Judge Egan will introduce expert testi
mony in rebuttal, after which the final
arguments will be made to the jury, and
the case will be- deliberated upon, and
the fate of Clara Blatz determined.
A Mother Conceals Her Child and
Goes Bravely to Jail.
Cincinnati, 0.. June 15.— A sensa
tional scene was enacted this morning
in Judge Outcalt's court— the common
pleas. He has had in hearing and
under consideration, for several
months an unusual -habeas corpus case,
where two women claim to be mother
of the child for whom the writ was
issued. Miss Kate Schaller averred
that she gave birth to an illegitimate
child and placed it in the hands of Mrs.
Humbser, the midwife, to dispose of,
and that Mrs. Humbser placed it in the
family of W.J.White to be adopted.
Subsequently Miss Schaller wished
to recover possession of her child, and
applied to Mrs. White, when that lady
informed her that the baby she had was
not an adopted child, but was her own.
The testimony before the court was
most conflicting, but Mr. and Mrs.
White brought many witnesses to show
that the disputed baby was theirs. They
have had it in charge during the trial.
To-day the judge was to render the de
cision, but Mrs. White appeared in
court without the child. When asked'
by the court where it was. Mrs. White
in a determined manner answered:
"Judge Outcalt, I was submitted to
a severe examination the other day,'
and I understood you were going
to decide against me, and I
have protected my child. I know the
consequences and am here to abide by
them, and if 1 have to stay in prison ten
years I am satisfied, so, if at the end of'
that time, I have my darling." This
reply, of course, made a sensation.
Her attorney promptly disclaimed'
having advised this. course of action,
and asked that his client have time to
reflect. The court said that if Mrs.
White did not produce the child she
must suffer the consequences of con
tempt of court, and he allowed her
till noon to consider. The resolute
mother for two hours was urged by her
attorney and friends to produce the
child, but at the end of the time she re?
mamed firm and went bravely to jail
under sentence of the court for con
tempt. Meantime the judge withholds
his decision of the merits of the case.
It Is Scored by a Minister From
Minnesota. BEB
Rock Island, 111., June 15.— 1n the
Augustana synod this morning, the re
port of the committee on resolutions,
presented yesterday, referring to the
appointment of a new constitutional
committee, was the special order. Tho
committee reported, recommending that
a new committee be appointed consist
ing of one member from each confer
ence; that each conference should also
elect a special committee, and that these
conference committees should report to
tbe committee of the synod. The reso
lution was amended by making the com
mittee consist of one clergyman and
one layman from every confer
ence. This launched the syn- .
od . into another warm dis
cussion, especially as to the instruc- '
tions to be given > the new committee.
.The ideas were almost as varied as the
minds of the speakers. The main diffi
culty lies in the fact that the synod
covers the whole United States, that
several of the conferences have their
own colleges, and that each is doing
mission work independent of < the 'other;
so that, in the minds of some, there is a
conflict between * special and general
interests. : In the afternoon the matter
of > the constitution for the synod was
resumed. Rev. Sjoblom. ot Minnesota,
scored the synod for rejecting the pro- .
posed constitution which would have
made the * synod a* strong united body-.
The resolutions . were adopted. The >
college business- was next .'. taken up.
Rev. E. Carlson, the former business
manager, resigned as a member of the
board of directors. Adjourned to Mon

xml | txt