The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1896-12-04
THE DECEMBER TERM CON-
VENED TUESDAY.
The Grand Jury is Given an Especial
obstruction In Regard to Homicides
Preliminary and PeremptOry
Calls of the Calendar Made
Twenty-Five Civil Cases Set for
Trial by Jury-Balser Witnesses
xSubpened for Tomorrow.

The December term of the district
court convened at 1890 o'clock
Tuesday, with the usual attendance
of attorneys, jurors, witnesses, etc.
Among the attorneys present from
outside of the city were w. p. War
ner, of St. Paul, brother of DR.. T..
z. Warner. Of this city, and former
law partner of Judge Severance before
the latter was elevated to the bench.
The firm name was Warner & Sever
ance. There were also present At
torneys Burlington, Of Minneapolis,
and Reed and Cole, of Lake Crystal.
Sheriff Bowen had the following de-
putty sheriffs sworn in for the term:
E. J. Russell, of LeRay, Michael
Shannahan, of Lime, and David Davis,
of Judson. Mr.. Eberhart acted as
deputy clerk of court.
The call of the roll of the grand jury
showed all to be present except w.
M. Farr, Of this city, who was report
ed sick. The following answered to
their names: Fred Lassow, McPher-
son; Geo. Bremen, Lime; Joseph Pet
erson. Lincoln: 81. Cummins, City !;
Robt. f. Jones, Butternut Valley;
Chas. f. Force, Vernon; VIM. Mace,
Ceresco; Anton Wingen, Rapidan: O..
B. Peterson, Sterling; August Thrun,
.Decoria: Richard Wigley, Gust Widell,
City; John Austin, Butternut Valley;
w. L. Rapley, Jamestown; Geo. W.
Monks, City; A. Latourelle. Danville;
Frank. Loring, Garden City; Geo. G..
Coville, Mcpherson; E. M. Pope, City;
y w. D. Sprague, Jas. B. Daily, Maple
ton; August heller, Beaufort.
Judge Severance explained the law
governing grand juries, and said that
some important accusations would be
made before the jury, two Of which
he had reason to believe would be
homicide cases. He then read the
detinitionssof the different degrees of
murder and manslaughter. Murder
in the first degree, he said, was that
perpetrated with the premeditated
design to effect death. No particular
lapse of time was required to
ensure generalization, further than
the resolution formed and revolved in
the mind to kill. Murder in the Sec
ond degree was that done without de-
liberation or generalization. The
cours gave the usual instruction that
the jurors were to keep forever secret
what each other said or how they
voted. Indictments, were not to be
made public until the persons indict-
ed were in the custody of the court.
The court stated that County Attor-
ney Benedict was necessarily absent
but would be on hand tomorrow, when
the more important cases could be
taken up. e. M. Pope was appointed
foreman of the jury, which was then
allowed to retire in charge Of Deputy
Russell. The jury soon adjourned
until afternoon.
The grand jury will take up Bal
ser's case tomorrow without doubt,
and the witnesses in that case are
subpoened for then. There are fully
a dozen cases to be acted upon.
The preliminary call of the civil
calendar took up the balance Of the
forenoon.
The first case, that of Alice M,
Morse VS.. Chris Frank, which has
been on the calendar for years, was
reported settled.
Twenty-Five cases were marked for
trial by jury, and the most of the
balance of the 107 civil cases were
marked for trial by the court during
vacation.
In the case of VIM. +. Lewis VS.. d.
w. Burlison. Attorney FL. L. Schmitt
withdrew his appearance, and the
case will probably go off of the cal
endar.
The case of Henry Hamilton VS..
Seward r. Snow was stricken from the
calendar, stipulation for judgment
having been entered into.
In the case of Azella f. Smith ct al
VS.. George I. Barr, r. d. Hubbard
and George M. Palmer, notice of
motion to dismiss was given.
In the case of Buckstaff, Edwards
& Co. VS.. 0. III. Hanson it was reported
that an order for judgment had
already been rendered.
The attorneys in the case of VIM.
Lindsey ct al. VS.. William Wrucke
announced that an agreement had
been reached to try the case before
Harry Paddock as referee.
In the case Of Ferdinand Fritz VS..
Patrick Riley and Lena Riley, notice
of motion for dismissal was given by
the defendants attorney, d. A. Reed.
The case of the State of Minnesota
~