Arizona weekly citizen., 1883-07-14
KONSTZEN vs. MENAGER
Fifty Dollars Judgment for a Dog
 Bite.
A Remarkable Suit for Damages Yesterday Afternoon Before Recorder Meyer.
 ---konstzen Wins

The suit of Fritz Konstzen versus II. Menager came up before Justice Meyer yesterday afternoon. The little bell tower was packed full of witnesses and jurors, till there was hardly breath of fresh air left. and the precipitation pour- ed in torrents from lawyers and consta- bles who were earning their bread by the sweat of their faces.
 Constable Harry Ward called the names of the jurors and they sat down in one corner of the room. Judge Fer guson appeared for the plaintiff, and attorneys Lowell and Hereford for the defense. The complaint alleged that on the 22d day of last May, the plaintiff Fritz Konstzen, capitalist and pioneer, was bitten by vicious dog belonging to the defendant H. Mensger, proprietor of a secondhand store, wherefore the plaintiff prayed for S279 damages, and S20 physicians fees. The defense answ- cred that the dog was not vicious, and was not theirs.
 The examination of jurors then began. The counsel for the defense insinuated that Judge Ferguson was incompetent to prosecute the case fsIrly, impartially and without bias or prejudice as he had recently suffered from dog bite him self Mir. Kstz, who owned the dog that bit Judge Ferguson. was himself pges- ent on the venire, and was challenged peremptorily by the plaintiff. 4 jury of fOur were finally obtained, and the case went to trial Fritz Konstzen. the
 laintiff, was sworn.
 Judge Ferguson-Mr. Konstzeu, in shis complaint you allege to have been nItten by Mir. MenHger's dog; Is IL true? If so, go on, and make your statement as to how 1t occurred.
 Konstzen-Yes, sir. In the morning I went into the store, when Menager and his dog was on the counter. He usually keeps his dog in the yard. says, hello, good morning. Then he have jumped for me. Then I called for to have taken him away from me, and they did not. l went there on business. l only said good morning, then the dog jumped on me, then l commenced fight ing, and he bit me in my leg, Gndlcalng the spot on the thigh.) l said, flake that damned dog from me- Mir. Mena- ger did nothing at all. l have been un- able to attend to my business for the past month. Of afternoons I had fever. The wound was black. | went to Dr. Handy who dressed it, and be charged me S2O. l was troubled about my mouth with a nervous twisching, and had apprehension of hydrophobia.
 Cross-examined by Mir. Lovell-Now, MT konstzen, did you not feel bad of mornings!
 Yes SIT.
 And were you not inclined to drink rather early every morning!
 Yes, sir; water or a glass of brandy for that matter.
 Did you not take of your hat and scare the dog, and say shoo!
 No, sir, did not; and the witness re- peated the whole story.
 Were you afraid of locklawg
 No, sir; and the witness started on his rounds again to repeat the story sec ond time, when Judge Meyer inter rupted him by saving:
 You must not talk so much. Just keep quiet; you are not the lawyer in this case.
 Witness, resuming-I did not say hello; l said good morning. If I said
 Judge Meyer-Keep quiet, and let the lawyers ask the questions
 Witness-That is what I said, never had my hat and shook it at the dog.
 Did you hear growl as you got bit
 Menager afterwards ran off and took the dog off. When the damn dog dog bit me
 Judge Meyer-Don't swear so much.
 GA voIce-He is under oath.)
 Witness-l only said the damn dog bit
 Judge Meyer-If you swear again will fine you for contempt of court.
 Wituess-All right, I won't swear. never was acquainted Eith that dog. He was kept in the store for thieves and robbers.
 A number witnesses were examined on both sides The attorneys made excel lent speeches in defence of thelr respect tive sides. The crowd retired and left the jury alone in the tower, with only the telephoDers above them. In few LnluultS tue. ItdCutu q NtEulCl Ol luuE- ment for plaintiff in the amount of $50 A stay of execution for i've days was granted.
 ANOTHER ACCOUNT BY c. NJ. MEYER.
 Der Freitz he makes one leedle fun mid der yellow dog ot der man mid de ore on the second hand, and der d"g been tied loose mid der rope runs out mid der store on der street on the out side, and fights mid him and bites him mid der leg on der inside, and der Freitz gets him very mad and sues der man mid der store on de second hand mid der shudge and one leedle jury, and gets der pay hIm mid de damages, and now der man mid der store on de second hand not ties der dog loose any more mid der rope mid der store in der yard outside behind; py shimini