The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1904-04-29
Jury Finds That Railway Company
Was Not Responsible.
Court Directs Verdict That Finds Louis
Fratzke a Bankrupt.
Petit Jury Discharged for the Tern
Yesterday Afternoon.
Trial Of Barber Asphalt Case Begins
in Y. S. Court.
From Thursdays Daily.

From Thursdays Daily.
Work in the United States court is
progressing rapidly. The jury in the
case of Sebastian Krok VS.. the Chicago,
Milwaukee g. st. Paul Railway COM
pany, which retired just before noon yes
terday, agreed upon verdict at 4:S
o'clock yesterday afternoon. The verdic
was in favor .of the defendant. Befor
this case went to the jury, the defens
moved that the case be taken away from.
the jury, but the court overruled this.
Krok sued for $4,000 damages result
| ing from a fall from handcar. The
evidence showed that another employe
on the car pushed him off, and the jury
concluded that the railway company was
not liable for this.
The trial of the Louis Fratzke bank
ruptcy case occupied all of yesterday
afternoon. Late yesterday afternoon, IL.
L. Schmitt moved that the court direct a
verdict in favor of the petitioner on
the ground that the evidence showed
conclusively that Fratzke was insolvent
and had committed an act of bankrupt
cy. The court directed verdict in ac-
cordance with the motion.
| The petit jury was then discharged
for the term, there being no further jury
cases for trial at the, present term.
The suit of Henry S. Sternberg, trus-
tee in bankruptcy for Calvet & Benjag
erges of Wilmot, VS.. the First National
bank of Wilmot; went to trial this
morning. A. E. Clark is attorney for the
trustee and Geo. W. Wilson & Son of
IWorthington represent the defendant.
The action is zone brought to recover ST.
600 alleged to have been paid to the
bank after the firm was insolvent, and
to have been an unlawful preference.
The plaintiff rested just before noon,
and the trial of the case was expected
to be concluded sometime during the
afternoon.
The next case for trial is that of the
Barber Asphalt Paving company against
the city of Mankato, and the taking of
evidence was expected to begin this af-
ternoon. Pau & Pau are the attorneys
for the plaintiff, and City Attorney
Daley, A. E. Clark and C. n. Andrews
are the attorneys for the city.
The Barber company seeks to recover
something over $4,000 for the paving,
curling, guttering and boulevarding of
4 Broad street. If it wins the suit, it will
secure an order from the court directing
the city council to levy a tax to pay
the judgment, in the opinion of some of
the attorneys. 1t is not thought that
the cost can be assessed upon the prop
Ierty owners in any event, but that the
city as a whole will have to pay it. 1t
is very likely that the higher courts
will pass upon the matter before final
determination is reached, no matter
which side wins in this court.
William Kerr was arraigned upon an
indictment charging him with violating
the interstate commerce law in the ship
ment of ducks from Jackson county to
Chicago. He pleaded not guilty and his
trial was continued until the next term
of court.
Charles A. Heath's son has arrived
from Wells, and lit, is understood that
the old gentleman would like to plead
guilty to the Indictment against him if
it is not too late. He has entered plea
of not guilty.
The trial of the Sternberg case was
completed this afternoon and Judge Loch-
rem decided it in favor of the trustee,
giving him judgment against the bank
in the sum of ST O62.
Attorney Taylor opened the case of
the Barber Asphalt company against
the city. -