The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1892-12-16

witness called. He said that he would
of ThOrStad'S testicle would have re-
suited from any kick given as Thors-
tad would naturally stand. He could
not conceive Of more serious condi-
tion Of heart than that which DR..
Herring had described and said that
ThOrstad must have been in almost
momentary danger of death. A heart
seven inches long shows an enor-
nous enlargement, as the natu-
Ial length is five inches. Where
there is fatty degeneration it takes
very little to cause death, The testi-
Gle is almost as we'll protected as the
brain, and it is almost impossible to
confine it SO as to injure it, and wit
ness did not think it possible to crush
the teSticle against the leg. 1t is eX-
ceedingly improbable that any
kick should smash it, but it is perhaps
possible. Witness never knew of such
an injury from any cause. That a
man should smile after receiving a
blow that is instantly fatal is extra
ordinary. Collapse would very posi-
bly, occur after such kick as had
been described.
Carl Wilson was called and said that
he was % years Of age last June. He
had lived in Butternut Valley all his
lifetime. and had known Thorstad
as well as he knew anyone. They hv-
led three-fourths of a mile apart, and
associated together UP to Thorstad's
death. Lena, sister of witness kept
company with ThOrstad up to her
illness and death. Never had any I'M
friendly feeling for Thorstad. Before
the dance had talked with him of
going together to New Ulm and to
the Pacific coast. Went to the dance
with my sister, Ida. Became
slightly Intoxicated, but knew every
thing that went on. Danced first
dance, which Was a round one, with
Christian Thorstad, as but two
females were present. was standing
at end of granary with ThOrStad and
the two females, when Thorstad sud-
denly fell backwards and struck his
head on the floor very hard. l did not
at any time kick or strike him, or
make any move to do so. Anderson
had previously caused little disturb
ance, and threatened to whip both
myself and Thorstad, because / tried
to quiet him when he picked onto
ThOrstad.
The action of the State'of Minneso-
ia VS. John Ruddie, charged with bas-
tardy, was dismissed, the State rails
ing no objection, as the child was
still-born. The court stated that he
thought there was no chance for an
action, as he had previously decided
in case.
Geo. Sanger, H. j. Olmstead and
Ben COe, who had been bound over to
the grand jury on the charge of grand
larceny in the third degree, were dis
charged no Indictment having been
| found.
DR.. j. A. Hielcher was also dis
charged, no Indictment having been
| found against him. 1t will be re-
membered that he was charged with
failing to report diptheria case
Alexander Dagle and VIM. Sucker
appeared in court and pleaded not
guilty to the charge in the three in
dictments that they sold intoxicat-
| ing liquors without license.
In the case of John E. Burke VS.. the
City Of MankatO, the attorney foE the
| defense stated that he would be Oblig-
ed to move for continuance on &C
count OF the absence of witness.
The prosecution stated that the, mo-
tion would be resisted. The attorney
for the prosecution, Lorin Cray, stat
ed that the attorney for the defense,
A. r. Pau, had taken up collection
with which the witness had gone to
Canada, and that he, Mr.. Cray, had
subscribed toward it.
Mr.. Pau retorted-"YeS, and the
counsel was the principal subscriber
1t was finally decided that the pros.
ecution should consider the testimo-
ny which the missing witness, who is
Jack Oglesby, will give, before mo-
tiOn for continuance is made.