The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1873-07-24
Justice Court.

week, jury trial which has ELECTED con-
siderable interest and attention. The
morning after the occurrence, which result
ed in the suit it was whispered around that
q terrible crime had teen committed. 1t
soon, however, diminished in enormity to
the following proportions.
J. NJ. Burial was arranged before Justice
Sickle on charge Of Assault and Battery.
The complainant was Emery DeGroot and
his testimony was, in substance, that on the
evening Of July 10th. about eleven O'Clock,
the Defendant accompanied by his brother
in-law Z. H. Gates, came to his house and
knocked and pounded at his door; that
complainant Icing in bed got up and asked
who was there and what was wanted but
received no satisfaction; that BURIAL broke,
in the door went in, and Immediately seized
him, choked and struck him and kept
abusing him in this manner for five or ten
minutes; that he asked him repeatedly
what he meant, but Defendant only swore
he would show him; that he finally got
loose, got out of the house and ran to his
father-in laws Mr.. Lewis near the School
house; that defendant followed him there
and tried to get into Lewis house, but did
emit succeed and soon went away; that
there was no unfriendliness existing
between them, aud he knew Of no reason
for the assault.
DeGroot's wife and her brother. John
Lewis, were with him in his house, accord
ing to the evidence Of the prosecution, and
their testimony, which was adduced, agrees
with DeGroot's throughout. All three stated
that, just before DeGroot got loose, his
wife got out Of the house, screamed murder
and ran to her fathers.
The Defendant testified that on said
evening in company with Mr.. Gates, lie
was passing near DeGroot's house, and
stopped for the purpose Of collecting some
money complainant owed him that it was
not later than nine o'clock, that he knocked
at the door and complainant, who with his
family were not in bed, opened the door
and asked him in, and without using any
violence, asked him for the money he owed
him that complainant said he haden't the
money, but after some talk said he would
go and set it, and started out Of the house,
apparently, to do so, but after going short
distance turned and said "you can go to
for your money!" that he followed
complainant till within few feet of Lewis
house and asked for him but did not see
him. The Defendant then went home.
He also testified that lie diden't at any
time assault DeGroot or attempt OF intend
to do 50 and that the boy Lewis, who tes-
titled for the prosecution was not there
at all, but another man, Joseph Godfrey,
was. Mr.. Gates, who, according to the tes-
timony of all the witnesses, was with Bur-
rail-. corroborated his evidence in every
particular.
Jake schmall and another witness testi-
fed to the Deft. and GatesAaving teen al
schmall's Saloon between 9 and 10 O'Clock.
The testimony on both sides went to
show that there were cries Of murder and
considerable Of tumult, chiefly about the
Lewis house.
The prosecution offered, as rebutting,
the testimony Of E. March andF. N. Welch
that the cries and upoar were at, about,
eleven o'clock /; and Of Joseph Godfrey that
he was not at DeGroot's house that evening.
The testimony in the case, left nothing
for the jury, but the question Of its credi-
bility.
On one side or the other It was positively
and entirely false. II they believed that Of
the prosecution the charge was sustained ;
if that Of the defense, There was no viola
ton Of law.
After IS minutes deliberation, the jury
returned verdict Of guilty.
The sentence Of the court was as fine
and costs of Suit, Or fifty days in the
Brown County Jail.
The case is appealed.
House breaking under the statue law Of
Minnesota il very mild AFFAIR, compared
with what it is in other States.