The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1898-07-29
DESPERATE FIGHT.
Lake Crystal Man Elected From
a Train.
Conductor Hay, of the ElmOre Train,
Uses Force on Henry DevIin,
Passenger.

When the ElmCre passenger train
pulled out from the union depot at
eight o'clockFriday evening, one of the
passengers was Henry Devlin, of Lake
Crystal, who was returning to his
home after having spent the day in
the city with some companions. He
had been drinking some, but had re-
membered 10 purchase his ticket.
He took seat in the smoker, and
aid his head out Of the open window
to take in the sights as the train
rolled through the suburbs.
Soon after the train had started,
Conductor Hay came along and tap
ped Devlin on his shoulder and
asked for his ticket. The Lake Crys-
tai man Strengthened himself around
and began to search for his ticket,
according to his story. He says that
he could not tini it at first and that
the conductor declared to him that
he had no ticket. He asked the con-
ductor not to be in such a hurry, and
the ticket puncher then grabbed him
by the coat and pulled him into the
aisle, stopped the tram, called the as
sistance Of Brakeman Mutt and
elected him. He says that when he
resisted such treatment the conduc-
tor threw him to the ground and jump
ed on him, punched him and picked
up stone from the riprapping and
pounded him over the head. Then
the conductor, according to Devlin's
account of the affair, said to the
brakeman: Bring my gun and
I'll kill the - - =" Mutt
then went into the train
and returned with revolver. but the
engineer started the train at this
moment and the conductor had Just
time to get on.
The above is the story Of the
affair as related later in the
evening by Devlin to Attorney
VIM. F. Hughes, whom he en-
gagged to bring an action against the
Omaha railway company for damages
for the alleged assault and eiectment.
He also exhibited his ticket, which
he claims the conductor refused
when it was offered to him. His
head showed two bad wounds, ap-
parently made by stone.
Devlin took the eleven o'clock train
for Lake Crystal. He is about p
years Of age and is one of three
brothers, and lives with his widowed
mother.
Two residents of Mankato witnessed
portion Of the affair that happened
on the ground and they confirm
Devlin's story. They say that Con-
ductor Hay appeared to be enraged,
and they heard him direct the brake.
man to bring the revolver and saw
him do SO. This is the statement
which they have made to Attorney
Hughes. So much for Devlin's side
Of the affair.
The account of the fracas as given
bV the railroad men is entirely differ.
ent. They say that Delvin refused to
produce ticket, and was abusive and
struck at Mr.. Hay. In self defense
he struck back and finally elected
Devlin. The latter then picked up a
large stone and hurled it at the bag
gageman, hitting him in the side and
bruising him severely. Then the
train crew retaliated upon him.
Attorney ]. II. Long was in West
Mankato when the trouble occurred.
The train was stopped near Hubbell
avenue, and he saw what happened
after that. He states that the man
who was elected was fighting with
the train men and picked up a piece
of rock and struck the baggage man
with it. The train crew gave Devlin a
threshing. Mr.. Long had the impress
sion that there were three in Devlin's
party who had been elected, but he
probably mistook the other two wit.
nesses to the occurrence, quoted
above, who may have been Devlin IS
friends,
Conductor Hay has made brief re-
port of the affair, in which he lays
the entire blame upon Devlin.
With such conflicting testimony, it
is difficult to get at the merits of the
case. 1t is true that Devlin had pur-
chased ticket to Lake Crystal, that