The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1889-07-12

within the railing was filed with wit
nesses who had been subpoened by th,
state and defense, some fifteen In mum
Der. L. st. Julien Cox and Hon. Ira P
Shissler appeared for the defendant, anG
County Attorney Smith for the state.
Jacob Oehler was the first witness
called on the part of the state. He il
under bonds as witness Of the killing
and subsequent events, and is possessed
of anything but an angelic face. He tes.
titled that he was with Jacob Hardeggei
on the Fourth and the night of the
Fourth and the succeeding day. In
Hubmer'B saloon the evening of the
Fourth, James Donahue got to fooline
with John Hardegger and slapped him
in the mouth. No trouble ensued al
this time, but the witness and Jacob
went to the picnic and walked through
the town, and several times visited the
saloon. When Donahue finally was seen
by Hardegger, early in the morning,
Hardegger started after him, and with
out saying word struck Donahue on
the back of the head with his fist. Dom
ahue walked away from the street to-
ward the saloon, at slow giant. Then
Hardegger took off his coat and handed
it to witness, and overlook Donahue
near the saloon, where he again struck
him. The latter then laid in the ditch,
and Hardegger struck him few times
ia the face as he laid there. Donahue
did not at any time strike at Hardegger
or make any attempt TO do 30. Hard
egger then returned to witness and they
went into the saloon again, and after
ut. .xytx hns kan
first to joe Hardegger's home, three
miles from the lake, staying there twelve
hours, seven in cornfield and five sleep
ing in the barn. Had breakfast at the
house before going into the cornfield.
Then We went to witnesses home, FIVE
miles away, starting at six o'clock in the
afternoon. The sheriff was there. Hard
egger STAYED behind the granary in q
wheat field, and witness went into the
house. Hardegger said he was going to
st. Peter, and said he would go onto the
prairie. Before the striking at the lake,
Hardegger said he was looking for Dom
ahue but could not find him. He said
he was going to thresh him. The strik-
ing occurred about $3.50 O'Clock on the
morning of July 9th.
On cross. examination, witness said
that he left Mankato for the lake on the
3:05 p. m. train, July 4th, having attend
ed the celebration in this city in the
forenoon. Witness was with Hardegger
the entire day. He testified that they
had drunk considerable beer during the
day and night. He was not with Hard
egger when the latter was hunting for
Donahue. When Donahue struck John
Hardegger the former was drunk, but
not quarrelsome, and didn't want to
fight. Until then we had not been
drinking much; we had been i'm the sa-
loon three times and to the picnic three
times.
Here the court took recess until l 30
p. m.
When court re-assembled after dinner
the cross-eXaminatioh of Jacob Oehler
ing gone over again, witness saying that
back was turned to Hardeg-
ger when the latter struck him the first
time. Did not see Jacob strike Dona-
hue the second time and only know
what have been told.
The witness was very unwilling one,
as he evidently did not care to tell any
stories on his friend. twas only by the
closest questioning that the acts could
be brought out. 1t is said that Oehler
Is cousin to Hardegger.
William Deasonco was sworn and tes-
lifted that he was farmer living near
Lake Madison. Saw Donahue and the
defendant near Hubmer's saloon be-
.ween two and three o'clock the morn
ing of July 9Th. Donahue here was Just
coming out OF the saloon and going across
he street. He called Jacob Hardegger
l vile name and they came near fight |
ng. Both were near the center of the |
road. Donahue ran toward the saloon
and called for Bill (Hubmer). Have
heard that Hardegger is cousin of
Oehler. The former ran to intercept
Donahue and just as the latter was get |
ing on the step he struck him on the |
pack of her head with his fist and knock.
ID him into ditch. Witness was then |
EN- or twelve feet away from them.
Donahue fell off the sidewalk into gut |
er on his face, and then Hardegger put |
ais knee on Donahne's shoulder AND |
truck him at lleast five or six blows. |
Oonahue did not attempt to get up after |
he fell into the ditch. The blows which |
aardegger struck did not seem to
,ery hard. Donahue did not say any
truck him.
After defendant had gone, Hubmer.
".
}. Clear and witness picked Donahue up
md took him to Hubmer's barn and left |
him there. Donahue's body was limp,
,ut he was breathing. Did not then
hink that he was badly hurt. Did not
zee Donahue strike at defendant at any
ime.
On cross-examinatlon the witness
aid that the night was fine one and
ight enough to see for some
Didn't help Donahue because
thought Hardegger might pound me
ike he did Donahue. The latter was
trunk and could be easily knocked over.
Did not think it was much of a fight.
Ifter being struck, Donahue walked, or
ather staggered, one or two steps be-
ore he fell. After he fell, Hardegger
lit HIM on the back of the head again,
he whole matter did not last more than
wo or three minutes. Donahue was hit
q the face after he fell, and his face was
loody.
A short recess was taken at $3.50 d. m,
he examination will continue through
ut tomorrow.