The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1894-05-18
DISTRICT COURT.
TUESDAY.


The district court convened at ten
O'Clock this forenoon. Martin Magin
and Oscar Mobiles were appointed
deputies, and the former was given
charge of the grand jury. Harry Pad
dock was appointed deputy clerk of
court.
The roll of the grand jury was called,
and all but five answered to their
names. G. w. Haigh was appointed
foreman. In giving the usual instruc-
tions to the jury, Judge Severance
stated that he did not want to excuse
any of the members on account of
their business. 1t was men who have
business of their own that are the
most desirable to act as jurors. Those
who have no business of their own are
not the best of jurors, for those who
have learned to carry on a bushes are
best qualified to do other things. The
success of the jury system depends up
on the quality of the jurors. There
would be very little business before
the jury, and there is nothing out OF
the ordinary, SO the court could not
see why the jury could not perform
all its duties in two days and adjourn.
The detention of the jurors would not
then be a serious burden. The jury
was then sent to its room, and the
preliminary call of the calendar was
made.
All of the criminal cases except that
against Louis Eberhart were noted
for trial.
A large number of the cases on the
civil calendar were set for trial dur
ing the vacation, and some were tenn
porary passed over or continued until
the next term.
,,1 The following cases were settled or
Edward Harper VS.. irzS Harper.
Giles j. Estell, applt., VS.. Chas. f
Oakley, respt.
Edgar Bender, respt., VS.. Adolph
Bahma, applt.
In the case of f. Kint ct. al. VS..
Hiner, notice was given by the defen-
dant Of a motion to strike from the
calendar, on the ground of insufficient
service of the complaint, it having
been sent through the mail.
In the case of J. G. Roller VS.. A. A
Dickson, notice of motion to dismiss
was given.
Notice of motion for a continu-
ance was given by the defendant in
the suit of VIM. O. SimmOnds VS..
Anna G. Frescholtz, and also in the
suit of Julia A. Morgan VS.. Anna G..
FreSchOltz.
In the case Of Alice M. Morse VS..
Geo. w. Cooley and LYDIA n. Cooley,
notice of motion to strike from the
calendar was given by the defendant.
Notice of a motion for cOntinu-
ance was given by the defendant in
the case of Peterson and Gustav Gus
lawson, respts., VS.. ThurstOn applt.
A notice for a motion for the con-
tinuance was given by the defendant
in the case of John r.. Norton VS..
John A. DAILY and Mary A. DAILY.
The first case for trial is that of
John e. Burke VS.. The City of Man
katO, John Mccall and Michael Ma
honey. John Ogelsby, an important
witness for the city, is thought to be
on his way to Mankato from Canada,
and is expected to arrive tonight or
tomorrow morning. In case he arrives,
the trial of this suit will be begun to-
morrow Burke claims he fell into
the Broad street sewer on the night
of Oct. s, 1898. He claims that he at
tempted to cross the street near the
Union school on the cross-walk and
that there were neither lights nor
barriers to warn a pedestrian that an
excavation had been made. He fell
fell into the sewer excavation and
struck on the sides, supports and bot
tom. Two of his ribs were broken