The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1906-10-26
CASH FOR A PUNCH
Edward MacClain Wants a
Healing Balm.
SUES IN THE U. $. couaT
It's Alleged That John SchW, i'zer
Made an Assault on Him in a
MspIeton Store.
From Wednesdays Daily.

From Wednesdays Daily.
The grand jury in the United States
court completed its labors late yester-
day afternoon, and presented it's Ieport
and was discharged just before five
o'clock. 1t looked into three cases and
returned indictments in two of them
One of the parties indicted was Albert
w. Bigham, former clerk in the post
office at Tracy, who is charged with
having embezzled $l9S.9O from the
money order funds of the postoffice ON
May IL last. 1t is said that after doing
this he skipped out. but was subse-
quently arrested and was arraigned be-
fore Clerk Spencer at st. Paul and was
bound over to the term of court in
Mankato, being released on $500 bonds.
He has been in the city since court
opened.
The second Indictment was returned
against party not yet under arrest.
AS to the third party, the officials do
dictment was returned.
The case against Bayard Wilkinson
of Granite Falls is to be continued, and
there will be no criminal cases tried
at the present term. Wilkinson is the
young man who is charged with hav-
ing gotten a money order cashed at the
o,,1y 10 hx,
self to be the person in whose favor
it had been drawn.
Both of the damage suits of Edward
MacClain VS.. John Schweitzer are be-
ing tried together before a jury. In
each suit the plaintiff asks $1,000 dam
ages, in one for alleged personal in
iuries sustained in an assault, and in
the other for alleged malicious prosecu
ton.
! Mr.. Schweitzer is the we'll known
druggist of Mapleton. and MacClain is
engaged in the mining business, but at
the time of the dispute in September
OF last year he was travelling for a
jewelry house. He was at Mapleton
and tried to induce Schweitzer to carry
a line of cheap iewelry, and gained his
consent and wrote out a contract.
Schweitzer then changed his mind and
threw the contracts into the waste bas
ket. MacClain went to the basket and
took them out, and scutfle ensued, in
which each claims that the other struck
him. MacClain claims that his eye was
permanently injured. Each had the 9th
er arrested, and Schweitzer paid a fine
in this city for assault, while the case
against MacClain was dismissed.
MacClain was on the stand yester-
day afternoon, and his testimony was
all that the plaintiff put on. When the
plaintiff rested, the defense asked for
permission to have a physician examine
MacClain's eye. The plaintiff objected
to this on the ground that he had not
introduced any physicians that had ex-
amined the eye and did not care to
secure experts to testify. 1t was late
for the request to be made. The court
held that he had no authority to order
an examination against the wishes of
the plaintiff.
! Mr.. Schweitzer was on the stand the
rest of the afternoon, and his testi-
mony was completed. Other witnesses
were examined today.
The case was given to the jury at
$3.50.
Judge Morris announced that if
agreeable to counsel he would hold
court from $50 a. m. to 1890 p. m. and
from 2 p. m. until 5 p. N.
Bigham was arraigned last evening
and entered a plea of not guilty and
his trial was continued until the next
term of court in this city. A bench
warrant was issued for the other party
under indictment.
Clerk Spencer and Assistant District
Attorney Dickey returned to st. Paul
last evening.
A Jury has been waived in the case
OF Alex McDougall VS.. M. B. Dunn and
Henry G. Anderson, and the petit jur
ors not on the MacClain-S chweitzer
panel were this morning excused for
the term.