The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1902-09-19
UNFORTUNATE AFFAIR.
Trouble Occurs on Hickory and Second
Streets ias,t Eyeninu.

An unfortunate affair occurred on the
sidewalk at the corner of Second and
Hickory streets at few moments be-
fore six O'Clock Tuesday evening, the
participants being Charles j. Macbeth
and Hs.6ison L. Schmitt. The latter
has been acting as attorney for W. P.
Spreading in the matter of the dis
position of the latter's South Broad
street residence property, reference to
which is made in another column.
There were circumstances connected
with this property matter that were of
an aggravating nature, and when Mr..
Macbeth learned of the sale of the
property to another party late in the
afternoon he was not in frame of
mind that was exactly pleasant, &C.
cording to his own statement.
The Free Press, having no desire
| to give other than the facts in the
case as it is able to learn them, gives
the statements of the two gentlemen
substantially as made by them, and Of
several witnesses.
Mr.. Schmitt states that he left his
Office shortly before six o'clock for his
home, and had reached point half
way across Hickory street on Second
when he heard someone call, and on
| l.
John @. Noe on the Hickory street
sidewalk half way to Front street
He went back to the sidewalk at the
Young Mems Investment company g
corner, and waited, and Mr. Macbeth
hurried up to him and stood close D,
looking him in the eye Mr.. Macbeth
said. "Why did you not tell me this2"
referring to the sale of the property
to Mrs Davis. Mr.. Schmitt replied
Charley, I'm not your attorney
cat that" said Mr.. Schmitt today
to the reporter, she grabbed me by
the right shoulder and jerked me
around in an angry and threatening
manner. l told him at least half 2
dozen times to let me go. He replied,
you won't get away from me now.
In order to release myself from his
grasp, struck him in the face with
my right hand. 1 don't remember
much more thai happened. He struck
me until he got me down and then
kicked me off the sidewalk. only
struck him once. / had no oppor.
tunity to resist further. I was only
acting as Mr.. Spaulding's attorney in
the real estate matter, and there was
no excuse for Mr.. Macbeth's assault
upon me. -
Mr.. Schmitt was at his home at
604 North Second street when seen.
BE was able to sit up, but DIR.
Warner, his attending physician,
stated that 1t would be week at least
under the most favorable circum-
stances, before he would be able to be
out. it no complications set In.
DR.. Warner states that MIR. Schmitt' s
injuries consist of cut an inch long,
to the skull, at the right IF the top of
the head the lobe of the right ear is
torn loose, not cut; there is very
painful bruise behind the right ear
the right shoulder is painfully bruised
there was also bad blow received
over the left eye. 1t is not thought by
the physician that the skull was frac-
tured at any point.
Mr.. Macbeth, when seen, said that
the circumstances of the real estate
deal were particularly aggravating
to him, as he had thought the pur-
chase assured, had given up his home
and his wife and child were unwell.
! The sale to Mrs. Davis had been kept
from him until after Mr.. Spaulding' 6
departure on the afternoon train. He
had just learned from Mr.. Noe of the
sale, and few moments later saw
Mr.. Schmitt, whom he had hailed and
questioned why he had kept the mat
| ter from him. He remarked TO Mr.
Schmidt that the matter was not set
tied yet, at the same time tapping
him upon the shoulder to make his
words more impressive. He had not
! taken hold of Mr.. SchmitG's arm or
shoulder. Mr.. Schmitt struck him in
the face when tapped on the shoulder.
Mr.. Macbeth then struck Mr.. Schmitt,
knocking him down.
He got up again, saide Mr.. Mac
beth, land struck at me again. He
was game. 1 then knocked him
down and told him had great mind
to kick him in the head. did not
kick him, however. but went away.
| did not strike him when he was
down. Of course, 1 felt irritated to-
ward him, but only did what anyone
else would do when he struck me. ("
There were several witnesses to
the affair. A. @. Meyer was in the
office OF The Post, directly across the
street, when his attention was called
to the affair. His account of the un-
fortunate occurrence is as follows:
II did not see it start, but when my
attention was attracted to it, Mac
beth had someone down ON the side
walk. I thought he was furnishing a
boy who might have been .'sassy' to
him. He had the party by the back of
the neck and was pounding his head
with his other first Then the boy or
man partly raised up from the walk,
and Macbeth threw him around with
his head toward me, and the party
fell fiat on his face on the walk. Then
Macbeth hauled off and kicked him
with all his might in the head, and
the man made a noise as though he
was being killed. 1 ran out, and
Macbeth kept on kicking him in the
head and shoulder until 1 got there.
Then he stopped, and said he should
not be so brutal. He said that he had
not kicked the man, who then saw
was Attorney Schmitt. Macbeth acted
as though he wanted to fight me then,
and l told him that that would be
taking someone more his size. I went
out to save the boys life, as I |
thought, and not because / had any
thing against Macbeth. The latter
seemed to be beside himself with !
rage"
August Marschner, editor of The |
Post, saw most of the affair." He cor
roborates what Mr.. Meyer says in re-
gard to the kicking of Mr.. Schmitt
when the latter was PROSTATE. He
did not see Schmitt strike Macbeth, |
and says that Schmitt had no oppor-
tunity to do so, but was defending
his head from the blows that he was
receiving, and was staggering about
Mr.. Marschner followed Mr.. Never
across the street, and when Mr..
Schmitt picked himself up the latter
staggered about in a circle. Mr..
led him into the Office of
The Post and bathed his mead, which
was bleeding freely. and summoned