The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1909-11-19
DEMUR TO Be FILED
TRUE BILL AGAINST BIERBAUER
HANGS ON A THREAD.
Former President of the Mankato
Mailing Company Is Charged in
Indictment With Uttering Forged
Contract to the National Citizens
Bank; Arraigned Late Yesterday;
Bail at $500; Bordsmen Are Sc
cured; His Story.

SnerlH DOHdHue went 10 MlIlHeapOllS
yesterday morning with bench war
rant for the arrest of Oscar Bierbauer,
who was one of the parties indicted
by the grand jury last week. He
found Mr.. Bierbauer at the real estate
office of Mr.. Parsons, with whom he
has a partnership, or by whom he is
employed, and served the warrant. Mr..
Bierbauer was greatly surprised They
returned on the Milwaukee train, which
was an hour and half late, and it
was five o'clock before the arraignment
was made.
What the Indictment Charges.
The Indictment charges that on or
about June /, 1907, Mr. Bierbauer
falsely and feloneously did utter, dis
pose of and put off as true to the
National Citizens bank of Mankato a
certain false, fraudulent and forged
contract and shipping receipt, with the
intent then and there to defraud the
said bank, and the said Oscar Bier
bauer well knowing that the said con-
tract and shipping receipt was false
and a forgery; and the false making
of which said contract and shipping
receipt is punishable as forgery in the
second degree"
The shipping receipt mentioned is
attached to the indictment and is dated
June, 1907. 1t purports to be signed
by c. H. Johnson, agent for the
CbioouO q Nortbwactorp rooJ opd &c
receipt for 600 sacks of malt, of a
weight of $4,000 pounds, and the con-
sigGee is The Cleveland & Sandusky
Brig. Co. of Cleveland, Ohio. The ship
ment was made via the Nickle Plate
road
grand jury in finding the Indictment
were j. C. Thro, w. d. Willard, F.
X. Meagher, Charles T. Taylor, Mic
Petersen, w. G. Hoerr and George w.
Sugden.
Given Time to Plead.
c. L. Benedict appeared as the at
torney for Mr.. Bierbauer, and asked
forty-eight hours in which to plead
or demur to the Indictment. This was
granted, and the case will come up to-
morrow afternoon at five o'clock.
Mr.. Benedict stated today that he
would demur to the indictment, but
had not decided what all the grounds
would be. 1t is acknowledged by Coun-
ty Attorney Plymat that the question
is close one, whether the Indictment
will hold. He drew the indictment
because the grand jury desired it, he
said.
Mr.. Bierbauer's bond was placed at
$500, and he furnished it during the
evening, with d. T. Bowen an c. j.
Macbeth as sureties, and it was form
ally approved this morning.
Feels ALI Broken Up.
Mr.. Bierbauer felt very badly over
his arrest, and appeared badly broken
up. He is a different appearing man
from what he was when he held the
Office of register of deeds.
1t was while he was president and
manager of the Mankato Mailing com
pany that the alleged putting off OF
the spurious shipping receipt was
uOHe. III Is cIdlHleu tHdI one UT HlOTt
times when shipment of malt was
made, Mr.. Bierbauer would get a
shipping receipt and also duplicate
and that he would deposit the dupli
cate in a bank and draw a draft
against it, and after awhile ne would
also get payment from the consignee
on the original bill, thus getting
money twice on the same shipment
The bank would later be reimbursed
The mailing company finally failed
and the stockholders got nothing.
Denies Any Wrong Doing.
Mr.. Bierbauer denies any wrong do
ing whatever, and especially what il
charged in the Indictment, so his at
torney states.
The attorneys for Charles H. Lee
indicted on the charge of adultery, thi
morning moved for a continuance, OF
the ground that Attorney James A
Peterson of Minneapolis, his associate
was busy elsewhere and would be dur
ing the present term of court. County
Attorney Plymat offered no objection
to the motion, and the court granted
it.