The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1892-06-03
Strengthened circumstances would
have tendency to show that he did
not take the money.

, VI aOOhCo WOQlO
have tendency to show that he did
not take the money
Finally, the court instructed the
jury that if it should have any doubt
under which charge the offense comes,
if the prisoner was found to have COM
mitted one, it was their duty to give
him the benefit of the doubt and give
him the lowest.
Among the indictments brought in
by the grand jury was one against
Lewis Eberhart, charging him with
grand larceny in the second degree
The indictment charges him with of.
fering to sell to Carl Fischer on
February 10th, 1891, the sw l. ne /
section 26, 1922, together with the
appurtenances and hereditaments
and including large amount OF
standing timber; that he falsely rep
resented that he was the owner Of the
land and appurtenances and that it
was free from encumbrances except
ing mortgage for $500 held by Ste
phen Lamm and dated Dec. 21st, 1889
that fischer purchased the land and
appurtanances upon these representa-
tions and assumed in payment 5000 OF
the mortgage and paid to Eberhart
Sl75 in money, and received deed
that in fact Eberhart did not own the
said land and appurtenances and that
it was not free from incumberance ex-
cept the said mortgage: that VIM
Wilson was the owner of the timber
and that the land was and is leased tC
him for term of years ending about
April 1st, 1894.
Eberhart's attorneys are W. n. Ply
mat and @. l.. Benedict. He has en-.
tered demurrer against the indict.
ment, alleging that it does not state
facts sufficient to constitute cause of
action, in that there is no allegation
that he knew of the lease and that
there is no description of the money
alleged to have been unlawfully re
ceived.
In giving some of the evidence fol
the defense yesterday, an interesting
part of j. B. Richards testimony was
omitted. He said that one day as he
and Yorker were passing 1
Longini's store they saw a
farmer standing looking in the
window. The store was closed as il
was Sunday or holiday, .but Yorker
represented to the farmer that he
owned the store and tried his best to
sell him suit of clothes. At anothel
time when Yorker saw prisoner in a
cell at the city hall he was so touched
that he offered to remain in the cell
and let the man 60 home.
Hans Jorgensen testified that few
weeks after first meeting Yorker he
had concluded that he was crazy and
had avoided him as much as possible
afterwards. He had noticed many
peculiarities about him that had con;
firmed his opinion. He also testified
in regard to the hunting trip.
Geo. Pond also testified that one
day after his resignation Yorker had
endeavored to borrow 500 with which
to buy dog that he took fancy to-
The civil action of G. Aultman &
Co. VS.. Geo. and Henry Edwards and
Frank Carpenter was taken up after
the Yorker case. 1t is suit regard
ing payment for threshing machine
In the case of w. W. P. Mcconnell
VS.. The Board of County Commission
ers to collect disallowed bill of 1926
for the expense incurred by j. w
Fowler in the capture of Powlison, q
demurrer to the complaint was made
by county attorney Byron Hughes or
the part of the county. w. R. Ged
DIES appeared for the plaintiff. Judge
Severance Saturday sustained the de
murerr, on the ground that the county
is not chargeable with such items
The bill includes the 800 paid as
reward for Powlison's capture. The
suit will not be dropped.
County Attorney Byron Hughe.
states that he has not yet decided
whether to move against A. J. Yorker
upon one of the other three indict
ments against him. At any rate, il
is not likely that anything will bt
done at this term of court.
The Faribault county term of court
convenes week from tomorrow. ant
unless good deal of hustling is done
an adjourned term of the Blue EARTH
county court will be necessary.
Court took recess SATURDAY. forenoon
until Tuesday morning as Monday il
L.