The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1892-12-23
ACQUITTED.
The Jury Convinced that Brown Killed
GustafSon In Self-defense.
The Remainder of the Evidence in
the Case.

The jury which tried Charles Brown
retired at noon, and at 2:30 O'Clock
Saturday brought in verdict of
not guilty. The jury was at first
eleven to one in favor of acQuittal,
and finally the twelfth took the same
view. The defendant was discharged
and his bond eXhonerated.
The fact that Gustafson died from
the effects of the blow which Brown
gave him was not denied by the
defense, and as the attorneys for the
defense went upon the theory that
the deed was done in self-defenSe. the
entire case hung upon the question as
TO whether the defendant believed
that it was necessary to use the harsh
means which he did in order to pro-
tect himself Brown stated that Gus
tafson had picked up a brick befor e
the fatal blow was struck, and other
witnesses saw him Stoop to do so.
GuStafSOn'S QuarrelSOme character
was shown, and also the fact that the
two men were on friendly terms,
which added their weight in favor of
the defendant. Many people will
still question whether Brown could
not have overcome the man in some
other way, but in general, among
those who have followed the evidence
closely, the verdict will be considered
a just one.
Yesterday afternoon Frank Tanner
was called on the part of the State
and testified to seeing the whole af
fair. and saw Brown strike Gustafson
twice with club.
DR.. G. f. Warner was called and
testified to examining the wounds on
Gustafson. In his opinion Gustafson
died of conclusion of the brain caused
by the stroke on his head.
e. A. Gibbons, manager of the brick
yard where the affair occurred, iden-
titled the club with which the blows
were struck. 1t is about four feet
long, an inch or more thick and of
maple.
The State rested at 4:25 p. m.
Lorin Cray opened the case for the
defense, outlining the proposed de-
Tense at some length.
Walter Brown was called and said
that he is sixteen years old, that his
father is dead and that he lives in
South Bend with mother, two sisters
and brother Charles. Wesley Gudge
and talked with Gustafson. told
him that his boy would be sent to the
reform school for fighting Gudge
said Il am going to wiring that little
Swede'S neck" meaning Gustafson's
boy. Gustafson started after us and
said that he would thrash us if he
chased US to Mankato. He picked
up cordwood stick and struck at me,
but wheelbarrow got the worst Of
it. Gudge ran away and hid |
thought he was after him, and so did
not run. He came to me and struck
heavy blow at me ia anger It part
ly struck me and ] ran away, Gustaf-
son pursuing. Charles said to him.
''1f you want to pick on any one, pick
on some one Of your size" Gustaf-
son came toward Charles and the lat
ter stopped when they were three
rods apart. Gustafson had the same
club In his right hand as though to
strike. The next / saw, Charles struck
Gustafson on the head who was
STOPPING over and received the blow
on the left side of his head, and he
fell down. Charles dropped the club
and went back to work. Charles held
the stick ia one hand and did not
seem to strike hard. Gustafson could
have struck me instead of the wheel
barrow.
Herman Eichsteadt was recalled
and said that Gustafson kicked about
everything and was more quarrelsome
than peaceable. Never saw him fight,
but saw him abuse people. He told
liz UhoU hC uoCu " NC q NCly udIu
drinker but that he had not drunk for
some time.
Frank Tanner was recalled and said
that Gustafson was naturally quar-
relsome and quick tempered.
E. A. Gibbons was recalled and said
that .Gustafson had a good deal of
trouble with the boys at the yard.
He would take up little thing that
other men would not and have
trouble.
Josephine Berg, Browns sister, ties.
titled that since her father died six
years ago, Charles has supported the
family. His mother has all of his
wages, taking his orders and cashing
them. Gustafson had a reputation
for being quarrelsome, and he was of
Quarrelsome disposition.
Anna Brown, mother of the prison
er, stated that she has lived at South
Bend for "a years and that she owns
her home and five lots in South Rand