The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1892-12-23

Charles wages these have been paid
and the family supported. Gustaf-
son quarreled with everyone. He
had been heavy drinker. After
Gustafson was killed Charles was
away in Iowa for several months.
When he returned he brought back
his wages to me.
Charles Brown was the first witne S
called this morning. He has pleas
ant countenance and is well built and
intelligent. He testified that he is
twenty years of age and that he has
worked out for nine years, at the &C.
ment works and at the brick yard.
He had known.Gustafson as long as he
could remember. On Sept. 18th, 1891,
he had charge of team and was
grinding at the pit. The first thing
he saw was Gustafson walking across
the yard, Immediately after they had
been talking together. The boys,
Walter and Gudge, spoke to Gustaf-
son and he started after them and
when half way across the yard he
picked up a club like the one exhibit
ed. He struck at my brother and hit
the wheelbarrow so hard that l heard
it. The wheelbarIow protected my
brother. He then chased Walter
around the wood pile, and | started to
walk toward him and told him to
let the boy alone. He swore at me
and started toward me. | stood still
and he ran up TO me and Ipushed him
away couple of steps without hit
ting him. He raised the club as
though to strike me and | jumped
toward him and wrenched the club
away from him with both hands. He
took two steps to the left and stopped
over as though to pick up dry brick
which is heavier than burned brick
and almost as hard. | hit him on the
left side with the club, and as he
raised up with the brick in his hand /
struck him on the head. / struck the
first blow quite hard, but the second
blow not as hard. The first did not
seem to hurt him, but he fell down at
the second blow. did not think that
/ had hurt him much, and went back
to work. His little boy led him away.
We had been friendly and were friend
ly in our conversation just previous
to the affair. He complained of hav-
ing too much work, and said that he
would give Gibbons hell when he got
back" | went over to stop Gustafson
from hurting the boys. When he was
coming toward me | did not expect to
have any trouble with him. thought
that he was going to hit me, and
therefore took the club from him and
struck him. When | took the club
from him l had no intention. of hit
ting him. Did not strike harder than
/ thought was necessary to prevent
his injuring me. He was of quarrel
some disposition and | knew this at
the time. / worked until four o'clock
that day and then went home and got
my supper. | heard that evening of
the serious nature of the mans
wounds. | went to Gilmore that even
ing and worked month, and then
went to Iowa and worked five months.
l then came back and gave myself up
Of my own accord. WhenI ran away |
thought that / would either be hung
or sent to prison for life. Before re-
turned learned that killing in self
defense is justifiable. / went to work
at the brick yard again.
The defense rested here. at 1920 a.
m.
County Attorney Hughes then ar
gued the case to the jury for the state.
B. D. Smith followed for the defense.
Judge Severance, in his charge to
the jury, which was similar as to the
law to the one given to the jury in
the Carl Wilson case, stated that if
the jury considered that Brown be-
lieved at the time that he struck Gus.
tafson that the blows he struck were
necessary to protect himself from re-
ceiving serious bodily harm at the
hands of Gustafson, then it should
bring in verdict of not guilty; other.
wise, the defendant must be found
guilty of manslaughter either in the
first or second degree.
The jury retired at noon.
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