The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1895-10-31
ANOTHER TRIAL REQUIRED.
TO Settle The Difficulty Between TWO
Farmers.
(From Thursdays Daily.)

| TO Settle The Difficulty Between TWO
Farmers.
/ (From Thursdays Daily9
When the case OF the state of Wis
consin VS.. Herman Tenbruggen charged
with assault and battery was called
before Justice Slater Wednesday morn
ling it was believed that Ghere was a
possibility of settling the case without
going to the expense of jury trial, but
it soon became evident that the COM
planning witness, Chas. SilbY, a general
merchant from TreXor, this county,
was there for gore ana that his appe-
tite could not be satisfied with anything
but gore The facts of the case briefly
stated are as follows: Silly conducts a
general merchandise business, and to
assist him in Willing away his spare
time he keeps several blooded trOtting
horses. Tenbruggen was engaged to
assist in taking care of this stock, and
incidentally, to do most anything he
could find to do around the place.
Silly claims to have hired him for two
months and at the expiration OF the
| time Tenbruggen was to receive q
horse in payment for his services. At
the end of the first month the defend
ant asserts, Silby paid him some cash,
discharged him and told him to take
the horse, which was an old broken
down skate too tough to use for sau
sage. The defendant refused to accept
the horse and demanded a settlement.
In company with another party he
called at Silby's place of business, and
when he again demanded u settlement,
he alleges Silby struck him and order
ed him to leave the premises. He re-
fused to do so and in the scuffle which
| followed, to enable him to defend him
self, he clutched Silly by the throat
and, incidentally, scratched his face
until it appeared as if someone had
been at him with chopping knife. A
trip to town on the part of Silby, fol-
lows on the next day, and warrant
for the arrest OF Tenbruggen is issued.
The case was called for hearing We'd
nesday, and then Silby demanded that
jury be secured to aid him in con-
victing the man who was so bold and
bad. Six Of the busiest business
men on Main street were dragged
away from their business and taken be-
fore His Honor to show causes, if they
had any, why they should not act as
Jurors in the case. The most strenuous
efforts we're put forth by all-ye local
was one of the sig but the Judge and
the attorneys had steeled their hearts
and pleading were of no avail. Three
hours were consumed in taking the
evidence and two more used up by the
attorneys in their arguments. The
case had been started at 2o'clock in
| the afternoon and when the evidence
| had been taken, the arguments made
the hands of the clock pointed to the
hour of eleven. The married men Of
the jury we're bemoaning their fate and
cursing the day that the jury system
was put into practical use. At l1:O5
the jury were locked up and the ual-
loting began. The first ballot stood 4
for acquittal, 2 for conviction. Some
members of the jury evidently not hav-
ing had enough of arguments during
the day, we're DESTROYS Of more. For
two long weary hours opinions were de-
livered, law quoted, the case discussed
and arguments delivered in way which
would have caused the attorneys in the
case to blush with envy had they been
present. Ballot after ballot Was taken,
but the result remained the same, to
II. Some of the jurors distributed ther
weary forms on the benches with their
overcoats for pillows and tried to
snatch few moments sleep, but it was
| impossible ABOUT that time some of
the Jurors would be in the midst Of an
eloquent appeal to their obstinate fell
low jurymen to come over to their side
of the case and another ballot would be
called for After celebrating for three
hours and fifteen minutes the jury
agreed to disagree and the judge was
sent for. At 2:15 Il. ID. this morning
six weary and sleepy jurymen were
vending their way homeward, each side
insisting that the other was wrong.
The cost of the trial, amounting to
about $65, will be paid as usual by the
county. Today the case is being tried
again before another jury.
The Tomb.
Died, this morning at 3:45 a. NJ, in
the SD year Of her age, Of cancer, Mrs.
|