New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1906-08-01
JURY VERDICT IS SET ASIDE.
Judge Webber Opens Way For the
Third Trial.
Famous Sperl Will Case Will Go
to Supreme Court.
Argument For New Trial Basec
on Jurors Affidavits.

If after having two trials in the dis
trict court and going to the supreme
court twice with bare possibility OF
a third trial in the district court, there
is anything left of the property of An
ton Sperl for the children who are in
terested in the prosecution of the case,
it will be because the attorneys are
working for the glory there is in the
case and not for a reasonable COM
pensation.
The case is one of the most celebra-
ted will cases in the history of the
courts in this district 1t came before
the court in this county in December
1909, was tried and in his charge to
sne jury the judge made three enumera-
tions upon which the jury was to re-
turn answers as the true verdict. The
first was: did Anton Sperl sign the
will and was it properly Witnessed;
the second was, was he of sound mind
at the time of signing the will. To
these two questions the jury was direc-
ted to answer yes. The third question
and the only one on which the jury
was to pass was the question of undue
influence, and upon this the jury re-
turned a verdict of yes.
Upon the ruling of the court and it's
refusal to grant a new trial, the case
was appealed to the supreme court and
the case was sent back for retrial,
coming up at the May term of this
year when q verdict in favor of the
appellant was secured.
From this verdict the respondent
demurred and stay of forty days
was granted in which to prepare argu-
ments for re-trial of the case, this
hearing was had before Judge Web
Der in chambers on Wednesday last
and Friday he issued his order grant,
ing new trial.
The principal argument of the re-
sPondent was that after returning the
verdict number of the members of the
jury were shown writing purported to
be that of the signer Of one Of the notes
that comprised part of the exhibits in
the case and entered into the trial and
they came to the conclusion that the
signature on the note was a forgery
Upon affidavits Of these jurors and the
argument Of the attorney for Joseph
Sperl the judge found reason for
granting the new trial.
The case will be taken to the supreme
court and there is every reason to be.
lieve that the order of the court will
be reversed and the verdict of the jury
allowed to stand.
The case is one that interests every
man with property and who will at
sometime make will disposing of it.
In this case from the great mass Of
testimony that has been shown and the
circumstances that governed it ap.
pears that the mother of the children
who had an equity in the estate de-
sired that the property go to all OF
81 them and that upon her death for rea-
sons that have more or less the ap.
pearance Of being selfish the father
was induced to change the original will.
1t has much the appearance of being
one of those cases where an old man
whose children for the most part have
been as good to him as he was to them
at a time when he was in pet, either
voluntarily or by persuasion decided
that he would teach them lesson and
forgetting his responsibility as faith.
er destroyed all evidence of affection
for them in cutting them out of his
will, when there is every reason to be.