The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1902-01-10
CASE DISMISSED.
Evidence Against BuckhoItz's
is Not Sufficient.
Their Attorney Moves to Dismiss and
State Makes No Objectionable
tectives Utterly Failed to
Prove a Case.

In the municipal court Friday after
noon after the noon recess the state
rested in the case against Fred and
George Buckholtz charged with setting
fire to the barn of VIM. Seefeldt.and
the defense at once moved to dismiss
the defendants on the ground that a
case against them had not been made
out. The state did not oppose this
motion and the court in a few brief
remarks granted the motion, and dis
Observation-Disclosures.
Continuingsthe. cross examination
of Henry Marquet in the case of barn
burning charged against Fred and
George Buckholtz, in the municipal
court yesterday afternoon, the witness
said he did mot repeat what Fred
Buckholtz told him about George set
ting the fire, to those with whom he
talked about it, as Fred had told him not
to- Had not said anything about it to
any one, until questioned by detec-
R. J. Whitney of Minneapolis, q
detective in the employ of T. J.
Coleman, was the next witness called.
Said he met Fred Buckholtz at his
home first about the 9th of December.
Said the circumstances under which
he went there were that he was look
ing for work. Was to work there a
few months for his board. The first
conversation with defendant about
the fire was on the 18th of the month.
They had quite a conversation. Fred
told witness about trouble himself
and George had had with their
uncles. After few minutes talk de-
PENDANT said, "Mr. Burke" that was
the name witness went under at that
time, "you can't blame my brother
and myself for what we did" Wit
ness said, "what did you dor" and de-
PENDANT replied "why, we burned him
out, and we did it right, too. - Had
some other conversation with him but
it was not material.
Also had a conversation with Geo.
Buckholtz. Stopped at his place four
nights. Was turkey buyer. Moth
ing was said with him about the burn
ing of the barn, but witness had over
heard a conversation Geo. Buckholtz
had with I. J. Coleman. Told Cole
man that Seefeldt had done him q
great wrong, but said, az guess got
even with him. 1 am about as smart
as he is. did him up once and I
think 1 can do it again.
Witness said that he also talked with
Geo. Buckholtz about burning See
feldt's house; the reason why they did
not go was because it was too bright
a night and they thought they might
be seen, Said Geo. Buckholtz seemed
perfectly willing to go with him.
They had also talked of going over and
shooting a dog Geo. Buckholtz had
also told Coleman that he applied the
match to Seefeldt's barn.
". E. Young took the witness on
ross-examination and put him
through a severe questioning under
which witness did not make a very
good showing, though he stuck to his
story as to what he claimed Fred
Buckholtz told him. After consider
able questioning, he said the first con-
versation he had with Fred about the
fire was on the evening of the 10th, the
second evening he was there. There
had been some conversation as to the
fire before this, but Fred had made no
admissions before that time. Witness
had kept no memoranda Of his con-
versations with the defendant and
went to pieces more or less in estab-
fishing dates of conversation and on
further questioning said they did not
talk about the fire again until the
18th. There was some converse
ton as to the fire on the evening of
the 18th while they were milking, and
Fred repeated the same story that he
had told him on the 10th. On further
questioning witness said there was
some conversation about the fire on the
18th and defendant repeated to him
the same story. He was positive as
to that. Said there were conversations
on the 10th, 18th, 18th and 18th. Said
defendant repeated to him, practically
the same story on each occasion.
Asked why he staid so long, if he got
only the same story each time witness
said he did not know as defendant
was telling him all he knew about the
fire. To the question, as to how he
knew when to leave, said he left when
he found defendant would add moth
ing more to his story. Witness denied
having any whisky with him while at
Fred Buckholtz and did not give nor
offer defendant any. On the evening
of the 18th said Coleman and Wilson
were concealed in the barn and over
heard the conversation he had with
defendant, and the story the latter told
as to the fire. Said Coleman passed
himself off as poultry buyer.
This morning the examination of
Fred and George Buckholz was resum-
ed at 8 o'clock in the municipal court.
The REORGANIZATION of r. j
Whitney was continued by w. E.