Friday, March 2, 2018

On This Date in Minnesota History: March 2

March 2, 1906 – Indictments were returned today by the Ramsey County grand jury against the Pioneer Press, St. Paul Dispatch and the Daily News for violating the John Day Smith Law that prohibits the printing in any newspaper of the state a detailed account of an execution.

All of the indictments run against the papers as corporations and not against the publishers, stockholders, editors or any other individual.

The specific violation of the law charged in the indictments is the printing by each of the papers of an account of the execution of William Williams, who was hung in the Ramsey County Jail, at 12:30 a.m., Feb. 13, 1906. Under the law it is specifically stipulated that “no account of the details of such execution beyond the statement of the fact that such convict was on the day in question duly executed according to law shall be published in any newspaper.”



William Williams1


Although the law has been on the statute books since 1889 and has been repeatedly violated, this is the first time that any indictments have been returned for its violation. The printing of an account of an execution is under the law made an indictable misdemeanor punishable by a fine of $100 or 90 days in the county jail.

The indictments were returned late this afternoon and deputy sheriffs armed with warrants began to make the rounds of the newspaper offices. Notices were served and appearances will likely be made in court tomorrow morning.

A plea of not guilty will be entered, it is likely, and the law may be carried to the Supreme Court in an effort to determine its constitutionality. It is the general feeling among the St. Paul publishers that the law is unconstitutional.

Owing to the fact that the matter was brought to the attention of Judge Bunn, who charged the grand jury, by the Law and Order League, he directed the grand jury to make an investigation into the execution of William Williams especially as the violations of the John Day Smith law.

Included in the indictments is in each instance the printed story that is incorporated as a part of the instrument.

The Minneapolis Tribune; “Violated. Ramsey County Grand Jury Says St. Paul Papers Are Guilty of Misdemeanor. Accounts of the Hanging Contained Much Detail. Law Is Many Years Old, but Present Indictments Are the First Ever Returned.”; March 3, 1906; p. 5.

1https://www.twincities.com/2016/02/12/from-the-archives-bungled-st-paul-hanging-was-minnesotas-last-execution/ (William Williams)
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April 16, 1906 – Judge Bunn, in the Ramsey County District Court, today upheld the John Day Smith Law, which bars newspaper reporters from witnessing executions of criminals, and prohibits the publication in newspapers of detailed accounts of hangings. Judge Bunn’s approval of the law lies in his overruling the demurrer of the St. Paul newspapers from indictments resulting from certain publications relating to the execution of William Williams.

The main objection on the demurrers was the unconstitutionality of the law in that it makes executions practically private affairs and that the law was not properly entitled as prescribed.

The Minneapolis Journal; “Court Upholds Press Gag Law. Judge Bunn, in St. Paul, Declares John Day Smith Statute Stands.”; April 16, 1906; p. 1.

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