The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1910-04-29
OUT AGAIN; IN AGAIN
MRS. AZELLA SMITH MOVES BACK
TO HER HOME.
May Have Caught Her Opponents Nap
ping; Holds Spirited Conversation
With Sheriff Donahue This After
noon; the Woman Holds the Fort;
What Will Be the Next Move?
Neighb0Ts Are Interested.

From Fridays Daily.
Mrs. Azella f. Smith, who was elected
from her home on Lincoln street, We'd
nesday afternoon, did not stay elected.
She is again in possession of the house,
and ready for another siege. She says
that one of the windows was left part
ly open, and that she was enabled to
get in in spite of nailed and bOlted and
locked doors. She and her daughter
have moved few articles back into
the house, and doubtless will move
more.
Mrs. Smith states that she moved a
cot into the house and lay down upon
it to rest, and while so occupied the
stay OF proceedings was recorded by
Clerk of Court Krost, and that this
stays everything where il is for twenty
days, and stays The house in her pos
session Perhaps in the meantime an
appeal may be taken TO the supreme
court.
Held Spirited Conversation.
Sheriff DOnahue learned about noon
today that Mrs. Smith had taken pos
session of the house again, and was
somewhat wrathy. He called at the
house early this afternoon. and found
Mrs. Smith in the front yard, and asked
her whether she was in possession. She
said that she was.
you will get out in the morning.
said AIR. Donahme.
"Pll do nothing of the sort" SAID
Mrs. Smith.
I'VE will see about that" replied the
sheriff.
Mr. Donahue tried to learn from Mrs
Smith where she got in, claiming that
she must have broken in, as he SAID
that he had securely fastened the house
when he elected her Wednesday even
ing. She would not tell him.
How would you like to serve three
months in Jail for contempt of coTt?
asked the sheriff Breaking into a
house is criminal offense, also"
Mrs. Smith denied strongly that she
had broken in, and said that the sheriff
had left one OF the windows up. This
the sheriff denied, saying that he re-
membered particularly of having fasten-
ed it. because it had been shut with
such difficulty, the catch having caught
You never shut that window" said
Mrs. Smith spirtedly.
do you accuse me of lying" asked
the sheriff. Il have two witnesses to
show that it was shut. the deputy sher-
if, who came out through the window
and closed it with difficulty. and an
other man.
Mrs. Smith still persisted that the
window had not been closed.
Mr.. Donahue did not take any steps
today in regard to the matter, fur
ther than to consult one or two attor-
neys who are interested in the bank,
but c. l.. Blossoms attorney will return
from st. Paul tonight, and then some
further steps may be looked for.
Caught Opponents Mapping.
1t looks now as though Mrs. Smith
may have caught her opponents mapping
and that they will have to serve thir-
ty days notice on her to vacate. In.
less contempt of court or house break.
ing can be shown, she can stay as a
tenant, no doubt, even il her claim that
the stay of proceedings holds good is
not valid.
Mrs. Smith told Free Press reporter
that Mr.. 0lesOn did not take possession
of the house after she was elected, and
thstt Sit VII hpt Stt HoN llt HIS UUy
right to make hn" Get ont nncrremon
iously. She happened to be in me
house, in possession Of it, when the
stay was recorded.
Stay Is Ineffective
According to Sheriff Donahuc's under.
standing of the matter. the stay is in
effective, inasmuch as it was not re.
corded until after the writ of execution
was secured. Here is where Mr.. Dona
hue and Mrs. Smith disagree on the
law. Mrs. Smith has studied law logger
| than Mr.. DOnahue, but the latter has
talked with lawyers on the point, and
in the discussion this afternoon neither
was able to convince the other that he
or she was right. Each chung to his OF
her contention to the end Of the dis
| pute. Mrs. Smith declared that she
| would not be put out again, and the
sheriff held to the contrary.
Mrs. Smith has no room i'm the old
house at the rear of the lot to sleep
as one can scarcely crowd in, for thu
goods piled up in it. Many of the
goods are still out of DOCS. exposed tc
/ the elements, so il is not much won,
| der that Mrs. Smith, if she found a
window conveniently open, crawlcd
| through it, or assisted her daughter tC