New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1897-12-15

Jack living and his Three Companions
Bound Over to the District Court.
Justice Jacobs Hears the Testimony for the
State and Refuses Bail.
The Law Does not Permit Him to Grant
it in Gases Where the Penalty
is Over Seven Years.

Justice Jacobs heard the case against
Jack Irving, Roger and William Davis
md Ora Corey last Wednesday morning.
The court room was crowded and the
general interest in the outcome of the
nearing intense.
The prisoners were represented by At
torney Lind, County Attorney Stein
hauser conducting the examination on
behalf of the state.
The witnesses called were Henry |
Spoerhase, John and Anton Fussner and |
Julius Jeske, the latter's testimony being
practically immaterial.
The three others told, to all purposes,
the same story. It was to the effect that
they, with several other boys, had held
possession of the "club room" on the
night Of the fire; that Jack Irving and
his three friends and William
Davis and Ora Corey-called there be-
tween seven and eight o'clock; that they
had threatened to bring couple of girls
around to spend the night; that Fussner
on behalf of the Club boys objected, say
ing that it would never do; that Irving
then threatened to get them out and have
the place for himself and his friends;
that he would 'smake it hot for them in
a minute"
Young Anton Fussner's testimony was
by far the most important. He said that
few minutes after Irving and his friends
had retired he was sent into the back
room to lock the door. Upon doing so
he heard someone talking without, and
by looking through a small hole in the
door he could see man carrying straw
towards the building. He beheld him
throw 1t down near the door and
go through the act of lighting u match.
He could not distinguish who the party
| was on account Of the darkness, but
could hear that he was not alone. He
at once informed his companions in the
| other room of what he had seen, but
thew would not believe that anyone
meant them harm. Cracking sounds
soon followed. and upon learning that
the building was actually on fire they
hastened to make good their escape,
When they discovered their danger
the roof of the rear part of the building
was already burned through. All tes'
tilted that they could see that straw had
been piled up against the building and
that it had been carried there from the
barn in the rear.
Such practically was the testimony Of
all the witnesses of the state.
When they had finished, Mr.. Lind sale
that the defense would introduce no evi
dence and would not even argue tina
there was not evidence upon which thu
accused parties might be bound over
He merely asked for light bail, suggest
ing that 800 each would be sufficient.
The county attorney, however, though
different. The offense was one, he said
I. which might warrant penalty of owe
seven years, and, the case being such, h
did not think it bailable by justice
The statutes to this effect were produced
and while the complaint did not alleg
anything more than third degree OF
Tense, it was possible that the gran
jury might charge greater crime, an
the county attorney preferred to let tn
i, matter of bail be determined by the dis
4 trict Judge. Justice Jacobs accordingl
e bound them over aud denied bail.
Judge Weber heard the case of JAG
Irving, Ora Corey and the DAVIS boy
Thursday afternoon. He admitted a
of them to bail, liking the sum for 1r,
ling at $500 and for each of the others .
at $500. By Saturday noon ell Of tt
boys had furnished satisfactory bonds.
Peter Herian will leave for Chicae
next week on business.
Hugo Hanft of Minneapolis was
the city Sunday and Monday.
Louis Ambrosch has gone to st. Pa,
to continue his violin studies.
Albert Setter and wife spent Saturda
and Sunday in the Capitol City.
e The DR.. Martin Luther Seminary wi
close for the holidays neat Tuesday.
Mayor A. r. Pfau was up from Ma
! kato last Saturday on legal business.
: Ed. Davis of Otter Tail county y
\ spend the winter on his farm in Cambri
II A farmers elevator company with
capital stock Of $4,000 has been orga
lied at Winthrop.
NJ. pu,1olI hos hoon 5onno md ~ hn