The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1896-01-17

Fred Mclean, Frank Mutt, Joseph
Boetsch, VIM. Mills and Harry West
were brought into the municipal
court this forenoon to have their
hearing on the charge Of grand larceny
in the first degree, in stealing butter
from the Lilly creamery at Lake
Crystal. The court room was crowded
to Suffocation.
County Attorney Benedict asked
that Mclean, Mutt and Boetsch have
their hearing first, and that the others
have their examination separately
from the first three.
VIM. L. Hughes appeared as attor-
ney for the first three and said that
they would waive the reading Of the
warrant and waive an examination.
The court then bound them over to
the grand jury, and placed their bonds
at $500 each. They were committed
to Jail, but Mr.. Hughes said that Nc
Lean would furnish his bond today,
and Mutt and Boetsch in day or
two.
Mills and West each asked to be al
lowed to waive an examination, but
the state insisted on having one, and
the court said that the state had that
prerogative. Mills said that they had
no attorneys and did not want any.
David E. Jones, of Lake Crystal,
was the first witness called, and said
that he is the butter maker OF the
creamery. His testimony was to the
effect that on SChriStmas night ten TO
pound tubs of butter valued at %
cents pound were stolen from the
creamery refrigerator. The staple OF
the storm door had been pulled out,
the inner door pushed in so that the
lock sprung from the socket, and the
staple pulled out of the frame of the
refrigerator door He identified a tub
of butter presented for his inspection,
recognizing the brand on the tub.
The butter was dirty on top. He had
seen Mills and West at the creamery
at various times.
n. p. John, president and manager
of the creamery company, also identi-
fed the tub andsbutter as property of
the association.
Register of deeds Oscar Bierbauer
showed his records as proof that the
Lilly Creamery Co. is Incorporated.
Sheriff Bowen identified the butter
and said rthat .phe first saw it under
the kitchen floor of Fred McLean's
house at Lake Crystal. A hole had
been freshly cut in the floor, the
butter placed between the floor and
the ground, and a carpet stretched
over the floor, and dresser and sew
ing machine placed over it. There
was another tub there twO-thirds full
and other tubs more or less diSfgured,
there being ten in all, all properly
branded. He found $50 pounds of
butter in j. Boetsch's house sin Bel
grade, in the celler, some in some
jars but most of it thrown prOmiscu-
Ously into wash tub. At Anton
Boetsch's. in LIE Huiller, 200 pounds
was found, all in rolls of six to ten
pounds each, two rolls being in the
cellar wrapped in table cloth, and
the rest in dirty clothes basket in
summer kitchen. The butter had
been carried there in two grain sacks
Witness had to look for it, as Boctsch
said he didn't know that it was there,
and said there was more in the bas-
ket. Mills said that he and Mclean
broke the lock and went into the
creamery and took the butter. Found
West at McLean's house, and Mills
in bed at Frank Nuts house.
Mrs. Mclean was put upon the
stand, when Attorney Hughes OBJ
jected on the part of Mclean that
under the statute wife cannot tes-
tify against her husband against his
consent. The case is one brought
against all of the defendants.
Mr.. Benedict said that the husband
had waived the examination and is
out of this court, and any evidence
given there could not be used against
her husband in the trial.
JudgenShissler said that the latti-
tude of the laws regarding the court
is farce, and don't allow the use of
discretionary judgment. 1t was like
bound boy at husking, and the
law ought to be blotted out. The
statutes demanded that he hear the
evidence, but he would admit nothing
about the husband.
EMr. Hughes objected again, when
: the court said that he did not see
why Mr.. Hughes was in court. Mr..
Hughes asserted that he was there to
defend McLean's interests.
Mrs. Mclean then testified that she
saw Mills and Mclean put the butter