Emmons County record. [volume] (Williamsport, D.T. [i.e. N.D.]) 1884-current, 1901-11-08

VcUCI Uucll UOUhsO sOVASE pdpcl6. VIII
ness then hit Weber with his open
hand, and Weber struck him back.
Fischer's wife and mother came into
the room and seized Fischer, and
Weber hit at him againseveral
times. All of the alleged assault on
Weber by the witness was done in
protection Of the mail under his
charge. Shortly after that, Carl, the
son Of the plaintiff, came into the
building and struck at the defendant
with neck yoke, but was prevented
by Adam Senger from hitting him.
The plaintiff grasped the defendants
nose, and was made to let 60 by Mrs.
Senger. On Sept. 4th witness came
to Linton, went before Justice Wes-
colt and paid q Is fine. He did this
because he did not want to bring his
father-over 10 years old-to Linton
as a witness. AS he was county
commissioner and q postmaster, he
did'not want to have asuit.
In cross-examination the defendant
said that his women folks came in and
held him away from plaintiff. De-
fendant asked flaintiff what he
wanted Of the Fischers, before strik-
ing him with his open hand.
Adam Senger next testified for the
defense. He was at the church at noon,
and at Jakob Fischer's afterward. He
saw the plaintiff there. Carl Weber
came in with q neck-yoke, which wit
ness tried to take away from him. The
witness corroborated the last witness
as to the proceedings In the house. He
had bottle in his hand, but nobody
was struck with IT.
Mrs. Senger, who was also at the
postoff1ce at the time Of the fracas,
gave corroboratlve evidence. She saw
John Weber grasp jacob Ffscher's
nose, and witness took Weber's hand
away. She also saw Weber strike the
defendant. She saw Weber strike her
father, and she saw the blood running.
The next witness,was Lizzie Fischer.
She did not see any of the fracas, but
it was she who locked the kitchen
door.
Carl Fischer, father Of the defend
ant, next testified. He said he was 73
years old, and on the day of the
trouble he was at the house Of his son
Jakob, when plaintiff came there.
Weber turned to witness and said,
"Do you want to be whipped, too?"
After the trouble with Jakob, witness
and John Weber came to blows; wit
ness could not say which struck first;
witness was dizzy after he was struck,
and bled from the face.
The defense rested its case.
On rebuttal the plaintiff was re-.
called and denied some of the tcsti-
mony that had been given by Jakob
and Carl Fischer.
Mary Ann Weber, daughter Of the
plaintiff, testified that defendant went
first into the Kitchen before her
(Mary Ann's) father. Defendant had
testified that Weber preceded him in
to the Kitchen.
The case was rested here, and the
attorneys addressed the jury. The
charge was delivered by the judge and
the jury retired.
The case OF John Krum and Geo.
Volk, charged with assault with a
deadly weapon upon Leonhard Schan,
was then taken up. Mr.. Register
assisted Mr.. Lynn in prosecuting, and
Messrs. Armstrong and Williamson
appeared for defendants. Insecuring
2 jury for this case the regular panel
was exhausted, and the sheriff went
out and did some lively hustiing for
talesmen. Following are the names
Of the jurymen selected:
]. w. Henderson, F. Fl. Dunbar,
Andrew Hansen, d. Tough,
Vim. McCulley, n. Herolz,
]. Stewart, S. F. Wright,
VIM. johnson, Frank Chase,
Frank Irvine, Bert Irvine.
Court then adjourned to 8 q. M,
Thursday.
Thursday,s Session.
After the opening OF court the case
Of The State VS.. Krumm and Volk
was proceeded with.
& While the Krnmm. VO11x seaao svao
under consid deration the jury Ia the
Weber, Fischer case came into court