The Mankato free press., 1894-05-18
The Grand Jury Presents Its Final
Report Only One Indictment
Found-McCalI and Ma
honey Out of the
Burke Case.
Thee Against the Four Min
neapolis Men Charged With
Swindling Falls
Through.

taken up again this morning. All OF
the evidence for the prosecution was
gotten in yesterday afternoon, and the
prosecution rested at 9:30 o'clock this
morning. The witnesses for the prose-
cution were John e. Burke, Fred Pol
chow, Peter Sanger, Fred w. Carls-
from and VIM. Schwartz.
Yesterday afternoon w. n. Plymat,
attorney for Mccall & Mahoney in the
absence of A. II. Pfau, moved that the
case be dismissed as to Mccall q
Mahoney, on the ground that con-
tractors owe no obligation to the pub
lie in protecting the excavations, but
that the city alone is responsible.
This motion was denied for the pres
ent. When the prosecution rested
this forenoon, Mr.. Plymat renewed
the motion, and it was granted. The
prosecution failed to enter the con-
tract with Mccall & Mahoney in eVi-
dence, which gave the contractors an
opportunity co get out of the case. In
case of an adverse verdict, this leaves
the city in worse position than it was
before, unless it can proceed against
the contractors s7afterwards, under the
terms of the contract.
Michael Mahoney and John Nc
Dermot were called as witnesses on
the part'Of the city this forenoon, and
other witnesses were examined this
afternoon. John Ogelsby, one of the
most important witnesses for the city,
who was not present at the first trial
of the case, arrived from Canada this
morning, where he has been for the
past eighteen months. His evidence
is expected to materially strengthen
the defense.
John j. Salfio was admitted to
citizenship.
Judge Severance made an order sus-
tanning theIFdemurrer to the indict-
ment of John r. Lewis, Archibald
Mcdonald and Geo. L. Harrison, of
Minneapolis, who are charged with
dslarceny in the first degree in
swindling an Amboy man out of his
stock of foods and giving him worth
less lots in Sandy Lake addition to
New Boston, Anoka county, in re-
turn. The demurrer was based on
the fact that there was no written
evidence in the case, and therefore no
offense shown under the laws. The
Indictment against L. ID. Hilburne
the fourth party, may be dismissed.
This is probably the last that will
ever be heard of this case.
The grand jury, having completed
it's duties, came Into court at 11:00
o'clock and presented the following re-
ports, which were placed on file with
Auditor Randall;
To THE HON. M. J. SEVERANCE,
Judge of the District Court of the
Sixth Judicial District:
The grand jury would report: That
we inspected the Jail, and found five
male and one female prisoners. We
found the sanitary conditions good,
the building neat and clean, under the
efficient management of w. j. Giynn,
our present sheriff. We recommend
no changes or Improvements, as new
jail is in progress of construction.
Dated at the grand jury room in the
court house, in the City of Mankato,
on this 18th day of May, 1894.
GEO. w. HAIGHT,
Foreman of the Grand Jury.
Attest;
GEO. MAY, Clerk.
To M. j. Severance,
Judge of the District Court of the
sixth judicial district.
We, the grand jury of the county of
Blue Earth and state of Minnesota,
do hereby respectfully submit the fol-
lowing report:
"We, the said grand jury, having
visited the poor farm in the county of
Blue Earth and state of Minnesota,
found that there were sixteen in
mates as county charges on said poor
farm, consisting of thirteen males
and three females.
We found the poor house on said
farm in a clean condition and the in
mates thereof receiving proper care,
under the efficient management of
the present over-Seer of said poor
farm. We found the water closets on
the said poor farm in a very faulty
condition, and do earnestly recon-
mend the county commissioners to
build new ones.
We found the garden on said poor
farm in remarkably well cultivated
condition and consisting of II acres
We also found planted on the said
poor farm the following number of
acres tO-wit: % acres in wheat, Is
acres in oats, 80 acres in corn, 81 acres
in potatoes, acre of sorghum, J acre
of mangel-wurzels. We also found up
on the poor farm the following do
mestic animals, to-wit: One mare
ten years old, one mare six years old,
one gelded horse four years old, three
colts three years old, one colt two
years old, seven milch COWS, eleven
head of young cattle, &c stock hogs,
26 young pigs.
All of which is respectfully sub
mitted. CD
Dated at grand jury room in the
court house in the city of Mankato,
this 18th day of May, 1894.
GEO. w. HAIGH,
Foreman of the Grand Jury.