The record-union., 1895-05-28
ALL THE DEFENDANTS DISCHARGED.
Jacob Gebert Could Not Identify His
DespoiIers.
The Testimony Showed That Hoodlum-
Ism is Rampant at Twen.
tieth and o Streets.

The cases of Wallis Covsll, George
Nicolaus. Theodore Schumacher. Len
Isham, Arvid Smedburg, Archie Patrick,
Al Patrick. Zip Turner, j. Ochsner, Dole
Lempke and AL Rutherford, charged by
Jacob Gebert with having broken the
0 streets, and otherwise annoying him q
week ago while picnic was in progress
at Richmond Grove, were called in the
Police Court yesterday. The defen dants
were represented by A. j. Bruner and II.
l.. Buckley.
The cases against Isham, Schumacher
and Smedburg were dismissed. on
motion of City Attorney Brown. He
said they were in the crowd of boys who
broke Gebert's windows, but that they
had the least to do with it. He said they
would be used as witnesses against the
other defendants.
Isham's father took exceptions to Mr..
Browns assertion that his son was with
the other boys at the time, and wanted to
prove that he was not at Gebert's when
the latter's property was damaged. He
was reminded of the fact that the case of
his son had been dismissed. but he OBJ
jected to his boy being arrested just for
the purpose OF making witness OF him.
Jacob Gebert took the stand, and testi
fled that on the day of the disturbance.
which was on Sunday, two men, named
Meyers and Stahl. came into his saloon
with young Smedberg and wanted him to
telephone for the patrol wagon. Gebert
said while be was in the act of doing SO
nf fa6 in of h his,
place and demanded that Smedberg be re-
leased. They threatened TO storm the sa-
loon with rocks if the demand was not
complied with. Meyers and Stahl re-
fused to liberate Smedberg, and the boys
commenced throwing rocks through the
window. Meyers went outside and threw
some rocks at them, but they were too
many for him. and he retreated into the
saloon.
In reply to question by the attorneys
for the defendants as to whether he knew
the defendants were the ones who threw
the rocks, Gebert said he did not know
whether they were or not. All he knew
about it was that officer Talbot told him
he had their names, and that they were
the right ones.
This statement from Gebert SO sur
prised the court and the lawyers that the
same question was put to him again, SO
that there would be no misunderstanding
of his statement that he did not know
who threw the missiles. He assured them
that they did not misunderstood him.
Attorneys Bruner and Buckley there
upon moved that the cases be dismissed,
on the ground that Gebert had no right
to swear to complaint merely upon in
formation and belief.
Justice Davis said that Gebert swore
positively at the time he signed the COM
plant that the defendants were the ones
who broke his windows, and it did not
necessarily follow that at that time he
swore on information and belief
The court denied the motion to dismiss.
City Attorney Brown said Gebert had
told him that Covell threatened to have
minors ii ha did not refrain from prose-
cutting the defendants. Gebert testified
that he was SO threatened.
Mr.. Brown said Gebert's testimony
that be did not know that the defend
ants were the ones who damaged his
property showed that Gebert had been
tampered with. Mr.. Brown also said
that Gebert had complained to him
number of times about the actions of a
crowd of hoodlums who infest the neigh
borhood of Twentieth and o streets.
Attorney Bruner objected to Browns
reference to anybody being hoodlums
and protested against his attempting to
prejudice the court.
The City Attorney replied that was
not his purpose. and if Mr.. Bruner did
not like it he could take it as personal
matter.
Theodore Schumacher was sworn as a
witness for the prosecution. He said the
disturbance at Gebert's was a continual
ton of a row which had started at the
picnic at Richmond Grove. He said
Smedberg and Ochsner were going away
from the grove when they met Meyers
and Stahl, who were waiting for a car
The boys told them they were standing
on the wrong side Of the track, when
they attacked Smedberg and Ochsner
They took Smedberg to Gebert's, where
they had Gebert telephone for the patrol
wagon.
Young Smedberg was also a witness
for the prosecution. He said the row at
the picnic started between the Dutch
and the Irish," and the Germans put a
numb Of boys off the grounds with
others. When he and Ochsner met Mey-
ers and Stahl the latter seized them, and
Smedberg was taken to Gebert's. where
afterward Smedberg's companions de-
manded that he be released
Young lsham also testified for the
prosecution that the boys on the outside
agreed to stop the bonn bardment if Smed-
berg was allowed his liberty. Isham said
he was In the saloon in company with
couple of men, and that they called for
medium steams," and that Gebert pro-
vided them with the beverage.
City Attorney Brown said that from the
time Gebert swore to the complaint until
after his testimony he had had peculiar
experience. He said that rs number Of
witnesses had made certain statements
Of facts before the arrests, and made diff
ferent statements afterward. be thought
it would be useless to take up iurther
time of the court in examining witnesses,
and it would be utterly impossible to get
testimony to convict the defendants, al
though in his opinion they were guilty.
Mr.. Brown said it was disgrace to the
city that Gebert's saloon is allowed to ex-
ist. He said he understood that boys
were provided with liquor there, and that
he would take steps to bring Gebert to
account for violating the law in that re-
spect.
Justice Davis said he agreed with the
City Attorney that there was nothing in
the testimony to implicate the defendants
in the destruction of Gebert's property.
He also said the saloon was disgrace.