Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-08-30
LANGETIN-MINiZER.


u. spite the Instructions of the Presiding
Judge.
The Langevin- Mintzer case came up in the
municipal court before Judge O'Brien, yes
terday afternoon at 2 o'clock. The COM
plant was for simple assault and battery
the city attorney appearing for the proscu.
ton and Q. N. Bell for the defense. After
halt hours delay-one jury having been ex
cnsed and another not appearing, couns.!
agreed to proceed with four jnrors, who were
sworn as follows: Louis franklin, John
Williamson, B. N. Cardoza and Thomas
Cochran. The case was then commenced
without further delay.
Mr.. Langevin, sworn, detailed circumstances
of his impounding tho horses for trespasses
and of DR.. Mintzer's coming to his barn where
the horses were; that the doctor had stone in
his hand. but didn't strike him with it: also
drew revolver; struck him one time with a
piece ut iron: doctor put up his pistol with
out shooting; stone was brought to bre Ak lock.
but door was unlocked. H.. ea.s
Gross examined-Went out with defendant
and showed him the horses; he tried TO unti.
them and witness undertook to prevent il.
when defendant struck him; did not strike
Mintzer, but kicked him; horses are still in
pound; defendant owns adjoining land: de-
PENDANT stood outside the barn. near the door.
when he struck witness.
Observation-Disclosures has se7enty.fve or
eighty horses which have broken into witness
premises several times; took only two horses
and sent the others home by defendants man ::
did this to get a settlement for damag done
for the trespass. Witness then showed the
jury the extent of his IN uries
Mr.. Gallagher. sworn-Saw the difficulty and
Saw the blow struck; Mintzer made ate mpts
to strike Langevin several times, and heard
Min ger say: You God id Frenchman, I'll
kill You an. how;" the blow was struck with
something like hammer.
Cross-examination elicited the fact that wit
ness did not see or hear what transpired in the
barn.
Joseph B lire, sworu-Was upstairs and saw
Langevin trying to push Mintzer away: saw
Mintzer holding revolver at Langevin when
latter picked up iron scrsper.
John Proud sworn.-Was With Langeviu
when he found the horses in the field and tied
them up, taking two home and turning the
other five into Mentzer's field after repairing
the fence; there was grass and hay in the field
This concluded the case for the prosecu-
ton, whec defendants attorney moved to
dismiss on several grounds, the principal of
which was that the assault was commenced
by the prosecuting witness upon the person
of defendant who was legally seeking to re-
claim his property, which had been unlaw-
fully detained without due process.
The court promptly overruled the motion,
and the defendant excepted.
THE DEFENSE.
William Carey swOrn.-Saw the fight: when
doctor went into barn, when Lanpevin struck
him and showed him out; saw Lapgevin pick
up iron and strike at doctor, when doctor took
it away; he then picked up neck yoke, when
doct or drew revolver.
Cross-examined.-We over with the doctor.
The witness, who is youth of IL or IA,
was crossexamined here at considerable
length, but did not materially vary his pre-
viOus statements.
". l. Minrzer, sworn-Am defendant in this
action; Langevin really had no fence that can
be called legal tence; on one side had no
fence ut all. He detailed circumstances of his
going with Langeviu to the barn where the
horses were; frst intimation he had of trouble
was as he was untying his horses and Langev,n
gave him a clip over the eye, when the scuf11e
began, and he was showed ont; he then pick ed
up piece of iron which he took from him: he
then picked mp whlfletree, when w,tues, drew
revolver, which not loaded; during the
scuffle Langevin kicked him several times: he
then went away, as a big crowd was collecting.
Cross xamined-Didn't go there with the
intention of getting the horses under any cir
cumstances; didu't pick up stone for purpose
of breaking lock; had a runaway the other day,
was thrown out of carriage and fell on his
head; wound on eye was made by Langevin.
am sure of it.
After brief argument by counsel and in
structious by the court to the effect tia
Langevin had the right to use rea- on atle
force in expelling MintZer from his prem
lses, the jury retired and soon brought ia
verdict of not guilty,