The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1889-06-07
DISTRICT COURT.
From Fridays Daily.

DISTRICT COURT.
From Fridays Daily.
Several arrangements were made in
the district court just before dinner. DIR.
Walter j. Insley, of st. Clair, was ar
raigned on the charge of practicing med |
icine without license from the the state |
board of examiners. He pleaded guilty |
and paid fine of $40 and costs.
Perry M. May was arraigned on the
charge of larceny in the second degree,
in stealing several articles from board |
ers at the City Hotel. He stated that
his real name is Perry Elliott. He APP
peared to be very reluctant TO state this,
on account of his family, who live in
Ohio. Mr.. e. l.. Benedict was appoint
ed his attorney, and he was given until
morning to plead. There is another in
dictment against him for the same Of
Tense.
J.K. Knapp, of Madison Lake, was
arraigned on the charge OF selling intox-
icating liquor without license. lie was
given until morning to plead. Freeman
x Pfau appeared as his attorneys.
Harry Swayne was brought into court
this morning to be arraigned, and Byron
Hughes was appointed his attorney. As
the latter was not present, the arraign-
ment was postponed.
Charles Vorght anu Carl Froehlich
were admitted to citizenship.
The trial of the suit OF u. w. Van
Dusen 4 Co., vs.. G. Ii. Piper was COM
pleted this afternoon, and the case given
to the jury.
From Saturdays Daily.
County attorney Smith is getting the
criminal business of the county well adj
yanced. For some time past he has
been the busiest man in Mankato.
Harry Swayne was arraigned yester-
day on the charge OF larceny in the first
degree and pleaded guilty to larceny in
the second degree, by permission OF the
county attorney. Sentence Will be pro-
nounced later.
This morning Perry Elliott, heretofore
known as Perry M. May, entered plea
| of guilty to the charge of larceny in the
second degree and threw himself on the
mercy Of the court. He asked that sem
tence be not pronounced until Monday
morning, which request was granted.
| j. X. Knapp, indicted for selling in
toxicating liquors at Lake Madison with.
out license, pleaded not guilty. and VIII
stand trial.
Several arraignments are to be made
this afternoon, and among others 1t is
expected that Thos. Sherk and j. A.
Presley will be brought up on the
charge of selling adulterated cheese.
These are the only parties indicted for
that offense.
The case of w. w. VanDusen & Co.,
of Minneapolis, vs.. G. III. Piper, as sher-
iff of this County, to recover the value OF
q couple of carloads of grain which he
had attached at the time of the Lake
CRYSTAL elevator trouble, was given to
the Jury Yesterday afternoon. A YER
dict was returned for the defendant. A
stay of thirty days was granted and it is
likely that an appeal will be taken to
the supreme court.
The suit of Frederick Kuester VS.. An
gust Kuester was tried by the court yes
terday afternoon and it is now under
advisement. 1t Is a suit brought by a
son to force his father to give up certain
land which it is alleged the latter had
promised to deed to his son. Daniel
Buck appeared for the plalntlh ana
Thos. Hughes for the defendant.
This forenoon the trial of two suits OF
Lucien III. Alexander vs.. Peter Thomp-
son, was begun, both being tried togeth-
I er The parties were formerly partners
in business at Worthington and the suits
are over the ownership of certain notes
or due bills. Daniel Rohrer, of Worth
ington, and j. l.. Washburn appear fol
the plaintiff, and w. p. Warner, of St
Paul, of the law firm of Warner 4
Thompson, for the defendant.
From Mondays Daily.)
. John SchweitZer, druggist living IN
, Mapleton, was arraigned this morning
on the charge of permitting intoxicating
LIQUOR to be drunk on his premises. He
pleaded guilty. His attorney, w. N
Plymat, made strong plea for mercy OF
the ground of this being his first ofienst
of any nature, and his having lead life
of rectitude, integrity and honor, having
occupied many posts OF honor In hi
town, and won the highest respect o
the people. The county attorney, at the
request of the court, explained the cir
cumstances of the case as follows: Abou
a month ago Michael Mahoney, a farmer
living near Mapleton, bought drink o
port wine of SchweitZer and drank it OF
the premises. Mahoney did this, i'm
|, posing on the friendship and good ma
: ture of Mr.. SchweitZer, in order to ge
the latter indicted and to square up al
old score, Mahoney claiming tina
Schweitzer had opposed him in the
spring election when he ran for town
ship assessor. 1t was malicious prose
cution, and Mahoney afterwards Dragged
about his having Schweitzer where ht
could make it hot for him. Mahoney
when he purchased the liquor, professet
the greatest friendship, and to cement
their old and longtime cordially which
had suffered a momentary severance
Schweitzer let the man have the liquor
! reluctantly. Mahoney then borrowed
$40 Of the latter to come to the city t
prosecute him. Mr.. SchweitZer was
fined $40 and costs, which he paid.
There was another indictment against
Mr.. SchweItzer charging him with SELL
ing Intoxicating liquors without license
The county attorney moved to dismiss
this indictment on the ground of lack o.
evidence necessary to convict, and thai
public Justice doesn't demand that the
case be proceeded with.
Judge Severance dismissed the indict
ment on the latter ground only. He
said that such an act as Mahoney II
charged with is outrageous, and is ma
licious act in the highest degree. No ad'
vance can be made in the cause of tenn
perance so long as such methods are
taken to spy out offenders and 50 long as
the seller of liquor is punished and the
man who gets him to sell 1t goes scott
free.- There is no equity IN this either
on earth or beyond. Both men are
who hires another to burn house is in
law as guilty al the man who lights the
fire, and it should be 80 with the man
who hires another to commit a crime by
selling him liquor. Such justice as the
laws now provide in the matter is a
mockery, and would retard any right
movement. Such perfidy as Mahoney
has exhibited deserves no reward, and
the law does not mean to aid anyone 10
crafty a grudge or spleen.
Perry Elliott appeared in court this
morning to receive his sentence ior
grand larcencv in the second degree.
His attorney, g. i. Benedict, pleaded
for him. Elliott stated that he was p
years of age, that his home Is in Ohio,
where his father lives, and that since he
was IA wears old he has earned his own
living, for several years as brakeman.
He said that he was arrested once be-
fore for taking watch from passenger
as security for his fare, but as he did ev-
erything honestly he was not prosecu-
ted. This was at Helena, Montana.
| Judge Severance sentenced Elliott to
| two years at hard labor at Saltwater,
telling him that he could shorten his
| farm conslderably by good conduct