The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-04-21


might be beneficial to the interests of
independent telephone companies.
Mr.. Clark desired that the respondent
be called, but the court held that he
need not testify unless he cared to. Mr.
Clark then called for the respondent
and the latter took the stand.
Mr.. Liesch was ross-examined by Mr.
Abbott. Mr.. Liesch stated that his at
tornev had instructed him to refuse to
answer any discriminating questions
After moments delay, the matter
preceded. Mr. Liescn stated that he
gave Mr.. Walters the direction last
Monday to mail 800 to 500 copies to
Mankato and vicinity. He knew of the
Sable article in the center of the first
page Mr. Walters wrote the article
but witness had read and approved it
and directed that it be published. Thi,
was the Monday or Tuesday before the
publication day. The agreement with
Mr.. Richards, for the 5000 copies was
made Wednesday afternoon. After that
the extra patent forms were procured
The regular issue was l,500, aside from
the 5000 extras. There are 20 to 25
regular subscribers in Blue Earth coun-
ty, including about eight in Mankato
and few in the northwestern town
ships. Mr.. Walters has had the mat.
ter in hand for some time, ever since
Mr.. Pfaender got the affidavit from
Todd county, three or four weeks ago.
/ indirectly suggested the publication
had copy of the affidavit from Mr..
Pfaender. | took no legal advice befor,
publishing the article | read it after
it was up in type.
the Minneapolis journal article was
sent out by man in my employ. ]
had never seen it in any other paper be
fore that. / sent the article to the st
Paul Dispatch, which published it the
same day that it appeared in the Min
neapolis Journal The Brown County
Journal published it four or five days
later. In general way the article iE
the three papers were alike. Mr.. Wal
ter told me before the Brown County
Journal was published that Mr.. Somse'
had told him that the article in the Dis,
patch and Minneapolis journal were
false and that | would be held response.
BILE if l published it in the Brown Coun,
ty Journal Mr. Walter said that Mr.
Somsen said that Sable was a cousin Of
Koch. Part of the information on
which the article in question was based
was obtained by Mr. Walter, and the
balance by me from Mr.. Hoffman,
BY these words, Intimidation was
attempted, and it was not attempted
and successfully at New Ulm?" meant
the defense in the Koch case at New
Ulm. Mr.. Pfaender told me that the
state has gone into the study of hered-
ity. In my article to the Dispatch
said that the state had consulted spec
ialists or authorities. Certain sentences
were put in black type in order to at
tract attention to it and make it more
emphatic. The influence intended to be
drawn from the statement that Sable
was a cousin of Koch was that the muir
der trait might be hereditary, or some
thing along that order. l desire to show
that the case is somewhat similar. Mr.
Pfaender told us that in his opinion the
statements in the article could not be
used before the new jury, and we be-
lieved this of ourselves. Don't know
whether a copy of the article was sub
mitted to Mr.. Pfaender previous to its
publication. Mr. Somsen told us to
make the correction of ''uncle" to
cousin" when we published the article
The reason for the publication of the
telephone article was because of the
keen competition between the com
panies. / knew it took six days to get
jury in Brown county and that lSC
or 200 persons were called to get the
jury. The Brown County Journal
published a full account of the trial
Many of the men called were disquali-
fled on account of having read the
Brown County Journal I didn't think
that the article would prejudice people
no rdid I think that it would be long
or tedious job to get a jury in Blue
Earth county.
Mr.. Abbott asked Mr.. Liesch whether
he caused to be published four or five
articles in the issue of his paper March
4th, 1905, bearing on the Koch case
and objection to this was overruled
Mr.. Abbott said that ne wanted to
show motive. Mr.. Leisch said that he
was responsible for the articles. One
article related to seven jurors changing
opinion, being quoted from ''Sherlock
Holiness of Fargo, n. D." [ do not rec
ollect seeing any letter written by one
jurvman to another Juror stating that
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