The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1894-05-25
EIGHT JURORS.

The trial of VIM. Conway on the
charge of murder in the first degree
is. now on in the district court, or
rather, it will be on as soon as a jury
of twelve competent and unbiased
men is secured. Up to three o'clock
this afternoon eight jurors had been
accepted and sworn, and there was
fair prospect of securing the other
four by six o'clock. The eight thus
far secured are John Stevens, w. ID.
Tompkins, S. T. Merrill, w. Doty,
John G. Mobiles, James Rambo, Walter
Mobiles and +. NJ. Currier. The three
latter were secured from the regular
panel. One Juror was secured yester-
day afternoon and four this forenoon.
Yesterday afternoon Judge Sever
ance issued a special yenire for 80
men, from whom to select jurors and
4. this had not been exhausted at three
o'clock this afternoon.
E. P. Freeman, w. L. Comstock and
H. L. Schmidt were appointed triers
by the court, to pass upon the chal-
lenges to the men called to serve on
the jury.
Yesterday Hughes Bros. asked Lorin
Cray to assist in the defense, and he
accepted Judge j. G. Cook, OF Web
ster City, Iowa arrived in the city last
night and will testify to Conway's
good character in Iowa. He has
served two terms in Congress and is
said to be bright lawyer. He is an
old friend of Conway, so it is said, and
may assist in the defense later on, II
his services are needed. He is dis
tinguished looking man.
County Attorney Benedict is as
sisted by A. r. Pfau and Attorney
General ChildS.
doorway has a seat by his attorneys
and is neatly dressed. He is a bright
looking man and observes everything
that transpires closely. Seemingly
nothing passes unnoticed by him.
The seats in the court room
were all filled today, although the
process of examining jourors is very
uninteresting. A great deal OF
care is being taken in the selection
of the jury, as both sides realize
that much depends upon that.
The eight men thus far chosen
are unusually excellent jurors, intelli-
gent and careful appearing men.
The taking of evidence will I'M
dOubtedly begin tomorrow.
The jury in the case of Joseph
Baumgartner VS.. the Mankato Street
Railway Co. retired at 2:l5 o'clock
o'clock yesterday afternoon. At $50
o'clock it came in for further instruc-
ton, upon the liability of the COM
pany in case the dirt has fallen away
from the rails on the outside, SO as to
make travelling dangerous. Judge
Severance repeated this instruction
that the company was liable. The
jury reached verdict at 1870 a. M,
and returned a sealed verdict, which
was opened this morning. 1t awarded
the plaintiff $500 damages.
At the request of the defense, two
questions had been submitted to the
jury to pass upon, which it did, as
follows, being called especial find
ings:"
''lst. Was any of the rails of de-
PENDANTS street railway elevated
above the established grade of Front
street between Walnut and Hickory
streets in said city at the point in
question at the time of the accident
complained Of?
Answer: No.
Ind. Was the difference between
the level or elevation of the street car
track and the surface of the ground
at the time and place in question
caused by the raising of the track, or
was it by the wearing away OF the
surface the street, or by both or by
neither?
Answer: Yes, wholly the wearing
away of the street.
A stay of forty days was granted at
the request of the defense. The
street car company will not ask for a
new trial, but will appeal to the SUI
preme court on the ground of the
judges ruling as to the liability of the
company where the dirt has fallen
away from the rails SO as to make
travelling dangerous. This appeal will
also involve the special findings of the
jury.
DIR. Donaldson, one of MankatO'S
experienced veterinarieS, was in town
Monday for the DurDOSe of examining