The Mankato free press., 1904-02-05
Only Nine Jury Cases Outside Of the
Criminal Work.
SEQ. KIugheriz Discharged From Gus
tody by the Court.
Rule Relating to Placing of Cases on
Calendar Changed.
From Tuesdays Daily.

usually light attendance of jurors, wit
nessess and others, as the trains were
generally delayed, and driving across
country was not an easy matter.
The only criminal case on the calendar
was that of Geo. Klughertz, charged with
forgery in the second degree in forging a
mortgage. His attorney, A. R. Pfau ST.,
moved that he be discharged, as the
mandate of the supreme court had been
received, sustaining Judge Cray in his
ruling that the defendant could not be
held for trial on the second indictment.
The court ordered that the indictment
be dismissed and the defendant discharg-
ed from custody, in pursuance of the
mandate of the supreme court Klug-
hertz had been previously brought into
the court room by Sheriff Williams.
When he understood that he was free,
he went his way rejoicing. His family
had not been told that the matter was
to come up this morning, and his re-
lease came as joyful surprise to them.
The civil calendar was called, and the
following cases were dismissed as per
stipulation of settlement filed or to be
filed:
Arthur Schaub vs. W. G. friedman
and others.
John w. Roberts vs. Mutual Life In
surance company of New York.
Melvin T. Thew VS.. Farmers Land and
Investment company.
The court ordered that all of the cases
that were on the last calendar, and that
were tried at the last term of court
and are still pending on motions or for
any. other reasons, be stricken from
the calendar, and announced change
of rule, instructing the clerk of court to
hereafter omit cases from the calendar
when they have been tried. This took
eight cases off of the calendar. AS there
were but forty cases ON the calendar,
this made material reduction in it.
1t was stated that the case of VIM.
j. McMullen VS.. Joseph HI. Thro and
others would probably be dismissed. The
case of Joseph G. Tusch VS.. Joseph Tusch
was reported as practically settled.
The slander case of F. C. Peterson VS..
August Glaser was continued on motion
of the defendant, as the amended COM
plant had not been served until within
the past two weeks.
In the case of Peter Helm VS.. the
Chickering Chase Bros. Co., the defend
ant moved for judgment on the plead
ings.
In the case of Julia Jones as admins
tratrix of the estate of Frank C. Jones,
deceased, VS.. Kelly Bros, the defendant
moved for continuance, on account of an
absent witness. The motion will be
opposed.
Only nine cases were marked for trial
by jury, and the term promises to be
rather brief one. The jury cases in
clude that of G. M. Henderson vs. the
city of Mankato, which is the only case
in which the city is interested.
The case of Ross Bates VS.. the Vernon
Center bank and A. E. Quimby, Geo. w.
Cooper and others interpleaded, was con-
tinued by consent, after A. E. Clark had
moved to strike the case from the calen-
dar as to the bank and Mr.. Quimby.
The case of Thos. j. Davis VS.. Anna M.
Rhees and others was continued by con-
sent, pending settlement that has been
agreed upon.
The call of the roll of the grand jury
showed that all were present except M.
j. Bowe of Decoria, George Emerson of
Medo, d. +. Rasdall of Mcpherson,
George Sellers of Beauford, F. P. Fair
child of Garden City and Charles Brandt
of this city, The court stated that he
had excused Mr.. Brandt, as he is sick
in bed Mr.. Fairchield subsequently
came in.
The court appointed John Nyquist
foreman of the grand jury, and then
gave the jury its instructions. He stat
ed that there was nothing special or
unusual that he wished to instruct it
upon.
The grand jury went to work on the
case of Harry Sleeper, charged with
stealing a watch.
The preparatory call of the calendar
was had this afternoon.
This afternoon disclosure of the
garnishee was had in the case of John
I. Williams VS.. Fred Pennoyer and George
Pennoyer, Mary Brooks, executrix, gar
nishee. A. E. Clark appeared for the
plaintiff, B. c. Taylor for the garnishee,
and HI. L. Schmitt for Fred Pennoyer.
The plaintiff has claim of $500 against
the defendants, and seeks to garnishee
their share of the property left by their
father, who died last year. Fred as