The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1907-05-31
Are Prominent i'm Trial in
the Police Court.
HAMMER CASE Is HEARD
Witness Who Declared That Hard
Punch OH the Nose Figured i'm
the Poker Game.
From Fridays Dali

When the case of the State of Mime
/ sofa W.. Adam j. Hankner, charged will
conducting IA gambling house contrary t.
the city ordinance, was called at nine
o'clock this morning, pursuant to TIT
continuance granted yesterday after
noon, City Attorney Schmitt appeared
for the prosecution and c. q. Daley fol
| the defense.
| Mr.. Daley said that he had been re
| quested to take the case for c. l.. Bene
be fixed at Il time when the latter cOulc
be present.
Mr.. Schmitt moved that the action be
dismissed on the ground that the war
rant was entitled Estate of Minnesota
VS.. Adam J. Hankner," when it ought
to have been "City of Mankato," etc
| This was granted, and Chief Osten step
ped up with a new warrant, identical
in every other respect to the old one
for all practical purposes, and served it
Hankner was arraigned second time
and pleaded not guilty.
Mr.. Daley said that he was not pre-
pared to 90 to trial under the new
complaint, as his preparation had been
entirely along the line of getting the
case dismissed because of the defect III
the first warrant, and he had paid no
attention to procuring evidence. He had
talked with no witnesses and had sum-
moned none. He asked for a continu-
ance in order to prepare for trial under
the new proceeding.
Mr.. Schmitt said that the same facts
were alleged in the new complaint and
asked that the trial proceed.
Judge Comstock said that a party
ought not to presume that he could
stand on his strict legal rights and not
prepare for trial on the merits of the
case He asked how an adjournment to
two o'clock would suit the defense.
Mr.. Daley. after consulting his client,
said that it would be necessary to have
an adjournment until tomorrow morn
ing.
The court said that this could not be
granted unless an affidavit was present
ed upon which the request was based.
A half hours adjournment was tax
Ell to allow the affidavit to be prepared.
When it was prepared it recited that an
important witness for the defense was
out of the city This witness, the at
faint thought, would testify that the
principal witness for the prosecution was
man of bad character, whose reputa-
ton for truth and veracity was bad;
that he had made similar charges in
other cities; that at YanktOn, S. d., he
did the same thing as here, and was
driven out of the town.
Mr.. Scllmitt said that the affidavit did
not 90 into the merits of the case, and
that the interests of the city would sui
fer if continuance until tomorrow was
had The application had been made
simply for the purpose of securing de-
lay.
The court said that the defendant was
entitled to fair trial, but that If the
time that he had spent in attempting to
secure an adjournment had been spent IN
getting ready for the trial he would be
ready with little further delay. The affi-
davit did not 90 into the merits OF the
case. If the case was adjourned until to-
morrow it might be necessary to place
the states witness under bonds to APP
pear, and the court did not like to do
this unless necessary. He stated that
an adjournment until 2 p. IN. would
be granted.
At two o'clock this afternoon the
case went to trial after Mr.. DALEY
had moved to dismiss OH couple OF
statutory grounds, but asked for a
Jury trial, and had filed objections to
the introduction of evidence, all OF
which was overruled by the court. The
court said that he would have con-
sidered granting a jury trial If re-
quested this morning.
City Recorder Hodapp was called
to establish the validity of the city Or
Llinance.
Then the principal witness for the
city. a travelling man whose name Is
withheld for fear that it might couse
him complications with his firm, was
called. He told of his visit to the
Hankner saloon night before last.
He had played pool for time and
drank several drinks. At ll:30 p. IN.
the defendant opened the door to the
alleged gambling room. back of the
bar and let him in. He had been in
there once previous the same even
ing for two or three minutes. Seven
men were sitting at the table. with
chips on the table. but no money. He
Joined the game and bought chips
three times, at So time. At l d. M.
The defendant entered with an ample
lunch, including several dishes. (The
defense objected to evidence about any
thing but the alleged gambling. but the
court allowed the inquiry to pro-
,eed).
The witness continued. saving that
Hankner brought the lunch and all ate
some. After he had taken orders for
drinks he went out
''Did he return with something"
asked the city attorney.
Mr.. Daley objected on the ground |
hat it was unfair to bring out any.
hing upon which another charge could |
be based, and the court sustained this. |
The witness said that Hankner
brought in "stuf' several times during
The rest of the game. He also stood |
behind witness chair during all the
after part of the game, watching his
hand.
The witness explained to the court |
what ''chip" is, saying it is a round |
shaped composition, representing part
Of a dollar. The game of poker was
played in the room, and betting was