Many Summoned Before Special Grand Jury.

Type of event: Lynchings

Location: Duluth; St. Louis County; Minnesota; United States

Document date:

Document type: Newspaper(s)

Documents: Many Summoned Before Special Grand Jury.

Citation:

Duluth Herald, June 17, 1920, page 1, 20.
“Many Summoned Before Special Grand Jury”

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Many Summoned Before Special Grand Jury

Policemen, Sheriffs and Others to Testify Concerning Lynching
Expect to Learn Identity of Ringleaders of Tuesday Night’s Mob.
Judge Cant in Charging Jury Urges Bringing Lynchers to Justice.
W. J. McCabe Appointed Foreman and Hearing of Witnesses Begins.

Grand Jury Which Will Probe Lynching.
William J. McCabe, 2125 Abbotsford avenue, foreman.
Joseph A. Baker, 211 North Fifth avenue west.
Solomon Budlick, Eveleth.
John Dahlberg, 4207 Grand avenue.
Joseph F. Eby, 305 Isanti street.
Oscar Erickson, 4211 West Fourth street.
Bernard F. Fagin, 5712 Wadena street.
M. J. Hoff, 2235 Roslyn avenue.
Otto Holm, 5919 Tacony street.
John P. Glasson, 2414 West Fourth street.
Bert Jernberg, 326 South Seventeenth avenue east.
J. W. McCabe, Virginia.
Henry F. Salyards, 3115 East Superior street.
A. W. Taussig, Kitchi Gammi club.
H. C. Wahl, 2327 West Second street.
Henry P. Gardiner, 1120 West Second street.
Alexander G. Gow, 2327 East Second street.
Frank P. Hallock, 4130 East Superior street.
Daniel Mahoney, 230 West Superior street.
W. C. Sargent, 4541 London road.
E. B. Whiteside, 325 East Second street.


Declaring the laws of God have been set at naught in this community, and will from this time forth be held less sacred, Judge William A. Cant, himself a witness of part of the depredations of the mob of Tuesday night, charged the special grand jury, called to probe the appalling crime that has directed a state-wide gaze of horror toward Duluth, to do its utmost to bring the ringleaders of the mob and lynching to justice, that respect for the law may be restored.
The special grand jury met this afternoon at 1:30. In the meantime several vacancies caused by certain members having to be excused or not being found were filled in. Judge Cant, grave in the midst of the rioting of Tuesday night, he tried to stem the tide of mob law and restore order, addressed the grand jurors in language which has perhaps, no parallel in the annals of St. Louis county, for never before has a precedent been set in the matter which must be dealt with.

McCabe is Foreman.

William J. McCabe, leading member of the Duluth Board of Trade and a leader in the religious circles of the city, was appointed foreman of the jury and immediately after the charge was given by the court, the jury retired to begin its investigation of the lynching and of the crime which caused it.
In his address to the jury, Judge Cant said:
“The awful scenes enacted in this city within the past forty-eight hours have necessitated the convening of your body in extraordinary session at this time. The most atrocious crime in all our history has been committed in the open defiance of authority, in disregard of law, and attended by horrors such as will ineffaceably scar the minds and consciences of us all.
“That the victims may have committed another crime, also heinous, is not the slightest excuse. Indeed, that is beside the question. They were in the custody of officers and behind barred doors. They were entitled to the protection of the law. There was not the

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least danger that they would escape trial and punishment. The bars that kept them in were equally designed to keep all others out.
“The fact that the perpetrators of these awful crimes in the immediate vicinity of our police headquarters and city hall committed them openly cannot be urged in palliation of the enormity thereof. The crimes were openly committed, public property was wantonly destroyed. The offenses in question, villainous enough under any circumstances, were here characterized by acts of unusual and excessive brutality. The fact that such acts were committed in public view and in the presence of many people, some of morbid minds, served only to add infamy and to the awful horrors of the night.

God’s Laws Set at Naught.

“The great wrong to the victims, wholly beyond our power of estimation, can never be undone. The great wrong to our community can never be wholly overcome or the foul blood washed out. The laws of God and man have been defied, set at naught. In our midst from this time forth, the laws of God will be held less sacred, life will be less safe, property be less secure and humanity itself of every character will be held more cheap. Instead of pressing constantly forward we have taken a long step backward.
“These are not formal words only or empty phrases. The matters referred to go to the foundations of human welfare and at those foundations, viewed locally, a terrible blow has been struck and the work of undermining to a degree is now going on.
“This which has occurred is not only a tragedy to the victims. It was a calamity to the entire community. By such acts the usual sound wholesomeness and righteous standards are violently disturbed and men are in danger of losing their sense of proportion and of propriety and of right.

Must Be Safeguarded.

“Viewed either locally or nation wide, human progress is made possible only in safeguarding those rules designed for the control of human conduct which have been crystallized into law, those laws are often imperfect. In certain respects they should be much improved. But at any particular period, for the time being, human rights are preserved and protected and vindicated only through a faithful and conscientious observance and strict enforcement of the law whatever it may be. This is especially true and especially important with respect to the rights of the weak or of those who cannot protect themselves. They cry out for a fearless and faithful observance of these rules.
“The violence of the mob spirit of perhaps a very few men and the encouragement from others who should have been on the side of right rather than of great wrong has brought about the condition with which you have to deal. Do not proceed in a bitter and vindictive spirit. So far as possible we put away such feelings here. But with a righteous indignation at what has lately occurred proceed with a thorough investigation which, if possible, will reach all who had to do with the deplorable incident which you all have in mind. Let everyone know that notwithstanding those incidents we have here a citizenship which denounces such outrages and which will do its utmost to discover and punish the perpetrators thereof.”

Witnesses Summoned.

Every member of the Duluth police force who was on duty at police headquarters Tuesday night, deputy sheriffs and others who are believed to know the identity of the ring leaders who incited the riot will be called as witnesses before the special grand jury which went into executive session at 2 o’clock this afternoon.
Just how many witnesses will be called, County Attorney Warren E. Greene could not say.
“We intend to bring in as witnesses every one whom we believe can aid the grand jury in determining where the responsibility for Tuesday night’s rioting and lynching lies and in getting at the bottom of the affair,” he said. “At the same time the original crime which prompted the lynching, the assault of the negroes upon the 18-year-old West Duluth girl, will be investigated and the jury asked to return indictments for rape against all who are believed to be guilty.”

Some Troops Sent Home.

Half of the men of the two companies of Minnesota state guards who arrived here yesterday morning are still on duty in the city. Orders were given this forenoon which will allow half of both companies to return to Camp Rosenwald, Fort Snelling for the remainder of the Sixth infantry encampment. The men left this afternoon and the others will stay on duty in the city until in the opinion of Sheriff Magie all need of the men is past.
Maj. F. W. Beecher of this city will have charge of the work outlined for the militiamen, the naval militia and the tank corps. The latter two organizations were ordered to report for duty last evening. With the exception of twenty-one men of the U. S. S. Essex, all of the naval men have been released with orders to be ready to report on a few minutes’ notice in case of an emergency.

Gen. Rhinow Leaves.

Company N of Faribault had fifty-five men and Company 1 of Long Prairie was here with seventy-five men, making a total of 130 men. Sixty-five of these men left this afternoon for St. Paul. Adj. Gen. Rhinow left for St. Paul last night.
A heavily armed guard surround the block on which the county jail is located. This guard will be continued until all danger of any further outbreak is past. Besides the guards surrounding the building, a second detail of guards is on duty within the jail and the remaining soldiers are ready for a call at the Armory on a moment’s notice in case of an outbreak.