Thursday, March 12, 2015

On This Date in Minnesota History: March 12

March 12, 1896 – Hennepin County Sheriff Alonzo Phillips appeared in probate court today before Judge Harvey to show cause why he should not be fined for contempt of court in connection with the case of Mrs. Carrie Olson, a woman held by authorities on the ground of insanity, but whom the sheriff at first refused to care for as he was ordered to do by Judge Harvey yesterday. Because of his refusal, Sheriff Phillips was placed under arrest, becoming the first Hennepin County sheriff to be arrested.

E. R. Lych appeared today as attorney for Sheriff Phillips, and at the opening of the proceedings took exception to the citation to show cause. The exceptions, however, were overruled. The court then reprimanded the sheriff and dismissed him without a fine.

It all began with the arrest of Mrs. Olson yesterday on grounds of insanity. She was brought before Judge Harvey, but the court ran out of time and she was not examined during the day. Late in the afternoon Judge Harvey released his warrant of arrest, and issued an order for the sheriff to arrest her. This order was immediately served upon the sheriff, who saw it as a scheme on the part of the judge to force him to take care of Mrs. Olson over night, after which she would again be placed in the care of the probate court.

“I guess I won’t do it,” Phillips said.

The clerk departed and returned to Judge Harvey with the sheriff’s response.

Mrs. Olson was brought to the central police station, and the judge immediately issued an order to the sheriff for him to appear before the court at 9 a.m. to show cause why he should not be fined for contempt of court. Since the serving of such a warrant could not, under the circumstance, be exercised by himself, Coroner Dennis, who according to law, is the officer upon whom that duty falls in such a case, performed that act. The sheriff’s arrest was made at 5 p.m., and is a result of one of many altercations that have taken place between the sheriff and Judge Harvey.

After the clerk had left the sheriff, the latter began to think a little about the matter, and finally decided to arrest Mrs. Olson. He then wrote out a warrant for the woman’s arrest, and dispatched a deputy to Judge Harvey’s court room. The deputy arrived too late, as the woman had already been brought to the jail. The deputy then went down to the jail where the warrant was served, and the woman was placed in the custody of the sheriff. She spent the night as a ward of the sheriff.

In leaving the court room today Sheriff Phillips said that he did not think he could receive a fair trial or justice where the judge was so prejudiced against him, and where the judge was the plaintiff, judge, jury and all.

“No,” he said, “I am not satisfied with the ruling. I would rather have been fined; then I could have carried it to the district court.” He thought that the case ought to have come before the superior court for trial in the first instance.


The Saint Paul Globe; “His Own Prisoner. Phillips the First Sheriff To Be Arrested. Sheriff Versus Court. The Culmination of His Fight With Probate Judge Harvey.”; March 12, 1897; p. 3.

The Saint Paul Globe; “A Free Man Again. Sheriff Phillips No Longer Under the Ban of the Law.”; March 13, 1897; p. 3.




http://upload.wikimedia.org/wikipedia/en/e/e9/MN_-_Hennepin_County_Sheriff%27s_Office.jpg



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