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


and looked around and saw ThOrstad
lying on the floor. To look around
he had to look over his shoulder. Wit
ness said that e. j. Morgan and Row.
land were in his office together after
the examination. He refused to di-
vulge the conversation there between
Morgan and Rowland, as the latter
was then his client. The court held
that witness would not be violating
any confidence and ruled that he
should state the conversation. Row.
land said in substance to Ed Morgan:
"YOu came out to the farm and held
a pistol against my head and told me
to testify against Wilson,. Rowland
told Morgan, 81 didn't see it and l
told the truth before and won't swear
against an innocent man. l will rock
in jail first. You had me down in a
saloon and tried to make me swear to
it but 1 wouldn't, as l didn't see it,
Rowland cried and witness had tried
to quiet him. Morgan said that he
had told Rowland that there was
nothing in the pistol, and that Row.
land had afterwards told the same
story in the presence of one Williams.
Garner Cole, constable of Lake CryS-
tai, said that Rowland testified at An
dersOn's examination that the first he
saw of the matter was when he looked
up and saw Thorstad lying on the floor.
In reply to question as to whether
he had seen any violence used upon
Thorstad, Rowland had said that his
attention was taken up with Ander-
son.
j. E.SwenSon was at AndersOn'S eX-
animation and testified that Rowland
swore that the first he knew of the
matter was when he heard a fall and
looked around and saw ThOrstad ly-
ing on the floor. Rowland said that
his attention was taken up with An
derson.
w. III. Cole testified that at Ander-
sons examination Rowland said that
he was looking after Anderson and
did not know anything about the
trouble. He looked around and saw
Thorstad lying on the floor.
John Meyer was recalled and stated
that when he examined it the skin of
ThOrstad'S scrOtum was not broken.
Carl Bahma was recalled and stated
that Wilson wore cloth shoes without
Overshoes.
Willie Meyer, II year old son of j.
p. Meyer, was called and testified that
he was at the dance. He saw Thors-
tad fall. He fell backward and struck
his head hard on the floor. Did not
see Wilson or anyone else kick or
strike Thorstad. If anyone had done
it | must have seen it, as [ stood look
ing that way. Wilson was wearing a
pair of cloth shoes without OverShOes.
Do not remember that Thorstad jump
ed up and turned around when he fell.
At 1915 O'Clock the defendant
rested.
VIM. III. Cole was called in rebuttal
of the last witness. He said that
Willie Meyer in his testimony at An
derson's examination said that Thors-
tad turned around and jumped up two
feet before he fell.
This completed the testimony, and
at 11:20 a. M. court took recess until
lis o'clock this afternoon.
This afternoon the case was ably
argued by AR. Pau for the state and
Douglass Reed for the defense. 1t
was given to the jury late this after
noon. This was Mr.. Reeds first argu-
ment in the district court and it was
so we'll prepared as to merit par
ticular mention. Mr.. Reed is rapidly
coming to the front in the Blue Earth
county bar.
Yesterday afternoon Louis Eberhart
was arraigned on an Indictment charg-
ing him with grand larceny in the
second degree, as follows: That on
February 10th, 1891, he offered to sell
to Carl Tishner 40 acres of land and
the appurtenances thereof; that the
wood on the land was worth $500; that
he falsely represented to Tishner that
he was the lawful owner of the prop
erty. and that it was free from incum-
brance, except mortgage given for
$500, dated Dec. 81, 1889, to Stephen
Lamm: that Carl Tishner assumed
the payment of 5000 of the mortgage
and gave to Eberhart $175 in money:
that Eberhart did not own said land,
and that it was not free from all in
save $500: that VIM. Will
son owned the timber on the land,
and that the land is leased to him I'M
til April, 1894; that Eberhart felOn-
ously obtained $175 of Carl Wilson.
W. N. Plymat appeared as Eber-
hart's attOrney,and was granted until
Friday morning to plead.
Mr.. Hober's attorney stated that his
client would be ready for trial at this
term of court