The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1898-02-04
SET FOR FEB. nth.
Mrs. Diemel's Second Trial Will
CONNIE nee Then. TeF
The Peremptory Call Of the Calendar
b Makes q Few Changes in the
Dis pos Cases.

At the peremptory call of the cal
endar Tuesday afternoon, the GRIM
inal case of the State of Minnesota VS..
Anton Diemel and Anna Diemel was
set fl r trial Feb. 14th, at 1000 a. m.
Anton Diemel has not been located,
and ON the first trial of Mrs. Diemel
the jury disagreed. The Indictment
charges them with grand larceny in
the first degree in stealing from John
G.Gerlich horses and machinery to
the value of $1,000. Mrs. Diemel
claims that Mr.. Gerlich sold his farm
in Mcpherson to her hus band, who
paid $500 down and was trusted for
the remainder. She claims that her
husband paid $500 more than the farm
is worth, and that Mr.. Gerlich got
back all but the live stock, and came
out even when the $500 payment is
considered. Thos. Hughes and Pau
s. Pfau appear for the state and
Schmitt & Wilson and W. E. Young
for the defendant, This will be the
most important case tried at the
present term. -
The case of the Rapidan Milling Co.
Us. w. w. Weller was set for trial by
jury. The same disposition was made
of the case of Hugh M. Quinn, respt.,
VS.. VIM. Lang, applt. .ass
In the case of VIM. Babst VS.. Mime
sofa Mutual Insurance Co.. of Am
boy, a motion by w. N. Plymat, attor-
ney fer the defendant, to amend the
answer was granted.
The civil suit of the village of Madi-
son Lake, respt., vs. Joseph Hettler,
applt., twas set for trial with the
criminal case against the same defen-
dant.
The case of Zina G.. Harrington VS..
: the Madelia Mercantile Go. was set
for trial Feb. 18th. at 1000 a. m. The
case of David Thomas, respt., VS..
Peter Paff, applt., was set for trial by
the court Feb. 7th, at 500 p. m.
In the case of Robert O. Craig VS..
Mankato Lime and Stone Co. ct al,
the plaintiffs motion to strike out the
answer, made by W. COmstock, was
argued and it was ordered that mo.
tion be made ON notice. 3-,n
In tue case of Owen Morris, eXecu-
tor, etc., VS.. Frederick Popp, ct al,
was placed on the calendar and judy
ment was entered and judgment roll
filed. $780,.
The case of Herman PAIL, respt,, VS.
Michel Russell, applt., was placed on
the calendar and set for vacation.
The roll of the petit jury was called
this morning and all answered to
their names except six A. Thorsten-
son was excused on account of his age,
o. E. Harvey was excused on account
of sickness, Frank Amberg lives in
another county, Peter A. Hanson was
excused until Thursday, on account
Of serving on jury at Lake Crystal,
and e. II. Hill and John r. Romack
were not present. 3s .a -
/ A special venire for twp more jurors
for the tern was issued, and John
Duane and Albert Schwartzenbach
were secured. l. Z, -, .a.,,>, al
: Judge Caldwell declared recess un-t
tltwo O'Clock, as, he said that the
attorneysof this county have a ,prac-
tice of not subreenaing their witnesses
until after court couvenes,5 and there
fore no cases are ready for trial at the
commencement, ia.
This afternoon. the trial of the suit
of John n. Wood, respt., US, John
Johnston ct at, applt..4was taken up.
Ptymat & Laurisch are attorneys for
the plaintiff, and W. e. Young and
u. G. Argetsinger for the defendant.
On.y'$S is involved in the suit.
The next case for trial is that Of
August T. Graf VS. Jay M. Jemett,
aud will be followed by the two dam
age suits Of Arebelle Burke against
Mr., and Mrs. w. W.. Weller, aggre-,
getting $4,000, for injuries sustained in
an alleged assault. =