The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1895-12-27

male child Of the age of fourteen
years and under sixteen years, was
the first to stand up. He told the
court that he was As years old, has
been a farmer for thirty-five years,
and knows no other business He had
nothing to say, further. The court
addressed him and said that the law
regarding this class of offences is
rapidly changing in this and other
states, and that those not 'versed in
legislative proceedings hardly know
what the law is. There has hereto
fore been no conviction in this county
under this law, and the community is
not informed, and probably many per-
sons have committed offences that
they would not have done if they had
known the law. The law is that a
girl under the age of sixteen years has
not capacity to consent, and is based
on the theory that she has not the will
and judgment to resist, and for that
reason the law steps in and protects
her. The male population must take
notice and understand the conse-
quences. 1t is question of doubt
whether the majority of the male
population of this county knows this
and whether the prisoner knew il, land
it is a question whether his act
was not unwittingly done. There is no
evidence that any force was used,
and it does not appear that there
was any unwillingness. Therefore
the court proposed to be lenient, and
not enforce the maximum penalty,
which is seven years. The prisoner
was then sentenced to serve onesyear
in Saltwater penitentiary at hard
labor.
Patrick and Torrance McGrath. in
dicted last May for assault in the
second degree upon Marshall lde, at
Madison Lake, appeared next, and
County Attorney Benedict stated
that he was willing that they should
withdraw their plea of not guilty,
and plead guilty to the charge of as
sault in the third degree. Each did
this, and then the court said: 81
understand that this assault was on
an officer, which aggravates the Of
fence, in some states more than
in this. The last case / defended in
Massachusetts was that of a boy who
was charged with raising broom to
defend his mother who was being ar
rested for disorder at a dance going
on at her house on Christmas eve. He
was sentenced to four years in prison.
That is the way they do business there
but the law is not so severe here.
The costs in this case are high and
much more than the sentence" He
then fined each of the young men to
pay fine.of 800, or to be committed
in the county Jail for ninety days:
They will probably pay their fines,
one-half of which comprise the costs.
The following two cases were ad-
ded to the calendar
Board of County Commissioners of
Blue Earth County VS.. Hultengren &
Schuetler. 4
Same VS.. J. r. Thompson.
County Attorney Benedict stated
that there will be no more criminal
cases for trial at the present term,
and that he would probably move to
dismiss the blind pig cases, in order
to clear up the calendar.
Judge Severance excused all of the
jurors not on the present panel for
the term.
1t is understood that in case Lied
loft is found in time for this term,
special jury will be summoned to try
him. He is believed to be somewhere
in Iowa.
The present term is apt to close be-
fore the month expires.