The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1908-09-11
Daley, attorneys for said M. B.
Haynes.
Iodapp on Stand.

City Recorder Hodapp was then call
ed by the prosecution.
The defense objected to the city
attorney sitting with the court and
giving private advice to the aldermen
This was overruled, after the prose
cution had denied that the city at
torney was doing this.
City Attorney Schmidt sat at one
end of the row of aldermen and ad-
vised them when there was any point
that they did not understand. His
brother, H. L. Schmitt, acted as prose
cntor
The defense then renewed its mo-
tion to dismiss, and this was overruled.
Documentary Evidence Taken.
The inquiry of Mr.. Hodapp was then
proceeded with. He testified to Mr..
Haynes part in endorsing the esti-
mate of the T. R. COughlan COM
pany on the grading of Fifth street,
which estimate was subsequently found
to be too great, Mr.. Coughlan re-
funding 5000 to the city. A number of
records were introduced.
The witness was withdrawn temper
arily and Mayor Andrews, who had
just arrived, was put on the stand
to identify the original copy of the
charges against Mr.. Haynes. He said
that on Aug. IA he had served copy
of the charges on Mr.. Haynes in his
office. He also identified other re-
cords.
Mr.. Hodapp was recalled and his
examination was slowly proceeded with.
Numerous extracts from council pro-
ceedings, as we'll as records from the
office of the board of public works,
were offered in evidence, the object be-
ing to prove charges made against Mr..
Haynes. The exhibits related to the
Fourth street curb and gutter i'm
provement, and other matters includ-
ed in the charges, as well as the
Fifth street work. The record evidence
was necessary preliminary to the
oral testimony, but the most tedious
part of the proceeding, as it was nee
essarily slow. The defense did not
interpose many objections, as was
done when City Recorder Hodapp was
on trial. 1t was eleven o'clock when
the direct examination was concluded.
Defense introduced Record.
The defense introduced other conn
Gil records, to prove that the coun-
ell had full knowledge of all that oc-
CURED and approved of it, including
the estimates and pavements on the
South Fifth street contract. Records
of the board of public works were also
introduced for the same purpose.
Mr.. Schmitt gave notice that he
would ask the court to proceed in a
body to make personal examination
of the different improvements upon
which charges were based. The de-
PENDANT objected, but the court over
ruled this. A recess was taken at
1880 a. m. until ] p. m.
This afternoon the cross examina-
ton of Mr.. Hodapp was concluded,
bringing out all of the points that
the defense wished. Redirect then took
place.
Parmalee the First Witness.
b. G. Parmalee was the first, wit;
ness called to give oral testimony.
He told of the construction of a &C.
ment sidewalk in front of his property
on South Fourth street year ago. A
conversation had taken place. on the
subject of how much filling had been
done. The witness had been assessed
too high, and Mr.. Haynes said that
he arrived at the amount to be as
sessed by taking the word of the con-
tractors as to the number of loads of
fill. Witness had been assessed SIS
for the fill in front of his lot, and
had figured it out that over thirty
loads would have been put there, when
fifteen loads would have been all that
could have been put there. He was
assed for two lots by mistake, as he
owned but one lot.
E. T. Soaring testified as to state
ments that he had heard Mr.. Haynes
make as to his method of arriving at
the amount of dirt used in fills. This
Mr.. Parmalee's testimony.
City Attorney j. w. Schmitt was
called and testified as to a contrac-
tors bond, which he had not been
shown until after the contract was
completed.
The testimony was rendered to show
laxity on Mr.. Haynes part in the
matter of bonds.
The council took recess until
p. m. in order to inspect the work
done upon which the charges are based