The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1899-06-30
AWARDED o. -. pSns +,
The Jury Finally Sinds for Gee
Wagon.
Wagen.
The Illness of an Attorney Causes e
POstponement in the Gerlick
Trial.

Contrary to expectation, the jury H..
the case of Geo. Wagon against the
Minneapolis & st. Louis railroad reached
an agreement at about twelve O'Clock
Friday night. Late Thursday afternoon
the court sent for the jury with the liz
tention of discharging it, and this led
to the rumor just as we were going to
press that it had been discharged
Some of the jury returned word that
there was a possibility of an agreement
and it was allowed to remain out TN
disturbed
The twelfth juror is said to have
given in sometime yesterday, agreeing
that damages should be awarded It Is
rumored that he held out for 5000
while the others wanted to give $40, 600
or S12, 000 Finally after many ballots,
compromise of So, 500 was reached, anG
this verdict was sealed and returned.
this morning
Sheriff Gerlach treated the jurors &c,
lunch Immediately upon their dis
charge last night.
The following special findings were s.
part of the verdict:
''Was the plaintiff at the time of the
accident acting as train baggage man
on the excursion train? Answer, Yes
did the defendants train master OK
the conductor or brakeman upon the de-
PENDANTS train know that plaintiff was.
acting or assuming to act as train bag
gage man on the excursion train upon
the day of the accident? Answer, Y es.~
WAS the plaintiff upon defendants
train on the day of the accident as pas
senger or as employee? Answer, AS EN-
ploye.
did the defendant at or prior TO the.
accident have notice or knowledge that
the hand hold was in an unsafe cond6-
tion2 Yes"
Judge Andrews, for the defenda nj.
moved that the court direct iudgm emf
for the defendant notwithstanding tins
verdict of the jury, and at his requ est a
stay of thirty days was taken. The
road intends to fight the case to the
end, and a new trial or an appeal arg
among the possibilities of the future
The trial of the case of Nicho Is &
Shepard G. vs.. VIM. and B. II. GerEcE
was not proceeded with this morning
owing to the illness of W. R. Geddesr
one of the attorneys for the defen dante.
Mr.. Geddes, on attempting to rise from
bed this morning, W as taken with two
fainting spells. His illness is not coz
sidered serious, however, but he Was
unable to appear at the case today. The
trial will be proceeded with Monday
the postponement having been grantsf2
at the request of Mr. Geddes associate,
w, E. Young.
The jury not on the panel in the
Gerlich case were discharged for thss
term, there being no more cases f0C
trial.
The divorce case of Della Humphrey
VS.. Eugene M. Humphrey was tried
yesterday afternoon. The plaintiff az
legged cruel and inhuman treatment
Harry Paddock appeared as her after
ney and there was no appearance for
the defendant. The divorce was.
granted.
The following jury was secured 60
try the case of the Nichols & Shepard
Co. VS.. VIM. and B. HI. Gerlich: Hugh
E. Jones, Joseph Rausch, W. P. Jones
Mat Trampert, Chas. Brandt, James
Bryson, August Thrun, P. G. Fan
chart, J P. Huttl, A. Olson, Iaroes
Field and M. L. Lockerby,
A. E Clark is attorney for the plain
tiff and w. E Young and w. e.
Geddes for the defendants. c. f.
Warnake and VIM. Gerlich were thse
first witnesses on the stand. T1s
plaintiff claims balance of $3.50 to oa
due on the purchase price of thEsaR
ing machine The defendantslsay that
the first machine was not satisfactory
and that mu..h valuable time was lest
before the second one was Furnished
They put in counter claim for s. SO
for loss of business, injury to repusA
ton and boarding bills for employ Ps.
The trial of the cas- will probably con-
tinue through tomorrow.