The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1889-01-18
p,sTRIcT COURT.
A $1,000 Verdlct--One OF the Sill
YER Cases Begun.

"a a $1,000 N0rQICI--SuS VI ZIG 81
YER Cases Begun.
:, All of Friday afternoon was take
- up by the attorneys arguing the suit
W Elizabeth Mccormick, vs. the c., M.
st. Paul railroad Co. The evidence wa
81 all in by noon, and Immediately afte
10 dinner attorney Pau for the defense
r. spoke to the jury for two hours
Of When attorney Plymat, for the prosecu
% ton, had finished his argument it wa
Of time for supper. This morning Judg
e Severance charged the jury. After be
l. ing out about two hours, the latter re
Is turned with verdict of 81 900 for tn
W plaintiff. by consent of both sides
n stay of forty days was granted. Tn,
= plaintiff asked for 5000, and expected
It a little more than the jury awarded
0 Still MIR. Plymat expressed himself a
: satisfied. He said that he had con
Quoted the case very carefully, and die
a not see how the railroad, could appeal
n The injury was caused by the train run
s ming into the land slide at the LeSueul
Q bridge last spring, Mrs. Mccormick be-
8 ing thrown against the stove and badly
: bruised.
The next case to be taken up was that
l of the State of Minnesota vs.. Joseph Sill.
3 yer, who is charged with not properly
providing for Leonard Williamson, q
young lad of about twelve years, who
worked for him on his farm in Medo
from June, 1886, until Feb, 1887. The
boy, when on the stand, claimed that he
had been rather poorly clothed during
the cold part of the winter and been
rather poorly fed. Still he was satisfied
as far as this was concerned. But the
main part of the testimony was when
the boy said that he had been
} kept at work loading hay on
! cold winter day with boots and
mittens in which holes capped. He
complained of the cold, but was told to
work the harder. He froze his hands
and feet. When his parents discovered
this and took him away his extremities
were raw ami covered with scabs. The
boys parents, Mr.. and Mrs. Geo. Will
hanson, corroborated this evidence.
The defense was begun this afternoon.
County Attorney Smith appeared for the
State and Mr.. p. A. Foster for the de-
Tense. The next case to be tried will
probably be that of Mrs. Silver, who is
charged with similar negligence.
| From Saturdays Daily.
In the district court this morning Mr..
| j. l.. Washburn, on behalf of wo-thirds
of the creditors of the defunIt clothing
firm of Schulein q Meinstein, asked that
another receiver be appointed in the
place of j. w Hoerr, the present re-
ceiver. These creditors have nothing
against Mr.. Hoerr, but claim that he was
appointed by the firm, and naturally
would be biased in its favor. No specif-
cations were made.
Mr.. f. p. Freeman, one of Mr.. Hoerr's
attorneys, opposed the request. He
thirds of the creditors are permitted to
ask for change of receivers does not
apply in this case, and is merely to pro-
tect creditors in cases of wrong doing on
the part OF the receiver. No speciica-
tons of any susA wrong doing had been
made against Mr.. Hoerr.
Judge Severance took the case under
advisement, and set Monday morning at
nine O'Clock as the time for hearing.
Mr.. Washburn asked that Mr.. Geo. w.
Slade be appointed receiver.
VIM. Schwartz was admitted to citizen
ship.
The trial of Joseph E. Silver, on the
charge of not properly providing for
I ill
of yesterday and a large part of to-day.
The State rested yesterday afternoon,
and the defense was taken up. The |
charges in the indictment were mostly |
denied, though it was not claimed that |
the boy was not frozen. The defendant |
claimed to be not responsible for this |
The clothing furnished the boy was in |
troduced in evidence, and seemed to be |
quite abundant.
This morning Judge Severance made a |
statement to the jury declaring all the |
evidence taken in regard to cruelty as
immaterial, Oh the ground that this
charge was not in the indictment. This
rules out this part of evidence, which
was the main point brought out by the
State.
The case was argued this forenoon,
and was given to the jury.
to bring in verdict of not guilty, which
was done Just before dinner. The ground
for this was that the action bad been
commenced under the wrong section of
the penal code. The action was brought
under the section relating to support
obligatory according to law, when it
should have been under the section re-
lating to support of person working for
another.
This afternoon the county attorney
moved to dismiss the case against Eliza
Silver on the grounds of insufficiency of
evidence to convict, and that married
woman is not in duty bound to support
a child. Judge Severance held that
these grounds were well taken. and or
dered the indictment dismissed. In do
ing SO, he said that the statutes on the
subject were new, badly mixed up, and
had never been passed upon by the SUI
preme court aud he thought that the
State would entirely fail to convict, no
matter what the acts of Eliza Silver.
Prosecution might be brought under the
charge of assault, for 1t was an assault to
deprive child of proper food, or cloth
ing, or to expose 1t. He believed that
the people of Medo, who had interested
in behalf of the child were
honestly mistaken, having been misled
by the boy. They had at first been &C.
tuated by the highest motives, but had
been imposed upon by the boy.
These two cases have been on the
calendar for two years, and their settle.
ment is hailed with satisfaction by all
the ATTORNEYS.
The trial of Frank Trip was then
taken up. Trip is charged with forgery,
committed at the expense of the Singer
sewing machine company, for which ne
was an agent.
Court then took a recess until nine
O'Clock Monday morning.
(From Mondays Daily)
The motion for the appointment OF
Geo. W. Slade as assignee for Schulein
& Meinstein, in the place of j. w.
Hoerr, was argued this forenoon and
the papers submitted, Judge Severance
taking the matter under advisement.
Ths trial of Frank Trip on the charge
of forging j. w. Hoerr's name to con-
tract to buy Singer sewing machine ,ov-
er a year ago, 'wss continued. The state
rested at noon. Mr.. III. G. Burgess,
when on the witness stand, stated that
Trip had embezzled and forged to the
amount of $500. Before any evidence
had been taken the defense moved to
dismiss on the ground of insufficient ev-
lU6nCe, anu tildl TIC ldCto diicRcu III tuc
indictment do not constitute public Of
fence. This was overruled.
When the state rested at noon the de-
Tense again moved to dismiss on the
grounds that the state did not prove that
Trip signed J. w. Hoerr's name to the
contract, and that the state did not show
that there was such corporation AS the
Singer Sewing Machine Co.
The motion was granted, and the ac-
ton dismissed and Trip discharged.
The main points of Judge Severance's
reasons for granting the motion was
that it was not proved that the Singer