The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1910-10-28
morning. John Havlis, a brother of Mrs

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morning. John Havlis, brother of Mrs.
Martin O'Malley, wife OF the defend
ant Martin O'Malley, was the first wit.
ness called this morning and testified
as follows: 1 worked at the mill at
Montgomery at the time that my sis.
ter brought the two sick children to
our house. 1 saw O'Malley when he
drove over to our house from the doc
tors office and he told me that he had
just gotten some medicine and pills
from the drug store and that the chill
dren were to be given the same every
two hours, commencing the next morn
ing. l asked him why he did not give
it to them right away and he said
that their stomachs were full of water
and it would do no good. He told me
to go into the house and tell my sister,
defendants wife, to get the children
ready and go home as he was in a
hurry to get home. He stated that he
saw the children next ON the third day
of July at the OAIalley farm. This
was the next day after the children
had been brought to Montgomery. He
said that DIR. White of Montgomery
told him that he got telephone mes
sage that one of the children had
died and that Mrs. OMalley wanted her
parents to come over TO the farm.
He stated that just before he left
for his home at Montgomery on Sun
day, July third, ONIalley told him to
make arrangements to have the grave
dug, and that it might be necessary
to have both funerals the same time
as the little girl was very sick. Wit
ness testified that he was Mt the Gem.
terry when the bodies of the children
were exhumed and that they were
the same graves in which the two
children had been placed. James Sail
John Bruzek, Undertaken Ctvrtnik OF
Montgomery and Coroner Burnett of lie
Sueur Center We're there at the time
the bodies were eXhumed, and this was
about the sixth or seventh day OF
July, 1910. He testified that he saw
the caskets taken out and that they
were brought to Undertaken Ctvrtnik s
establishment in Montgomery and that
they were the bodies of Frank and
Mary Bergl, his sisters children or
Mrs. Martin ONIalley's children by her
former marriage.
Testimony of Neighbors.
Mrs. Henrietta Kudlik, who resides
on a farm about thirty rods from the
O'Malley home, was next called and
testified in substance as follows: !
am the closest neighbor to OMalley
the defendant. I met his second wife
about two weeks after they were mar.
lied. She visited at my home On four
different occasions, the last time was
on the Goth day OF June when she
came over with a note which she want
ed me to read for her. About two
weeks before the children died she
came over with marked copy of the
Leader-Democrat. In this newspaper
was an article about infantile para
lysis which had been marked. The
children were taken sick shortly after
that time. | was there when the chill
dren got sick, il was on Saturday
July second. l came TO the house be-
tween ii and ll:30 a. M, and saw the
sick children. 1t seemed to be very
hard for them to breathe and seemed
to be in great agony, drawing their
knees to their stomachs and throwing
up their hands over their heads. They
could not cry. Their mother was nurs-
ing the sick children. The defendant
was in the field whennI came over
and l told one of his children to call
him and that they ought to call a
doctor. He did not come home while
l was there. Witness said she saw
O'Malley drive towards town shortly
after that. / was called there Sun.
day morning before seven o'clock by
one of O'Malley's children and
told that the little boy Frank had died
She said she looked at the boy and that
his face looked dark and that he was
foaming at the mouth. His eyes and
stomach were very swollen. l saw
the little girl lying in the cradle
in the same room. She looked about
the same as the little boy did the
day before he died, vomited much and
was throwing herself about and was
swollen about the eyes and abdomen
OMalley told me that he had sent fol
doctor that morning, for DR.. Moencf
OF lie Sueur Center. Mrs. John Ken
dali, neighbor of OMalley's was also
there that morning. The doctor ar
rived at the O'A1alley farm about nine
o'clock in the morning He first looked
at the boy and then examined the lit
tie girl. l heard the doctor say that il
looked at if the children had been pois
oned. O'N1alley was there at that time
and must have heard it. The docto,
looked at the girls throat and stayed
about half an hour. l saw him write
out a prescription and hand it tc
OMalley and tell the latter to get il
/ filled as soon as possible. O'AIalley
went right out. The doctor was called
again in the afternoon and examined
the girl again. O'Malley was there il
the room and said that he knew what
DIR. White of Montgomery said and h,
wanted to know what DR.. Moencf
would say about it. l asked the doctor
what seemed to be the matter with the
little girl and he said she had cholors
morbus. Before he went away, asked
him again what he thought was the