The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1911-12-01

in the third story of the building.
said that she saw Mr.. Hoffman on
the sidewalk late in the afternoon.
Mr. Hoffm asked If she knew two
men wer &er rooms to see her.
She re she didn't know it.
She a. ION the sidewalk and
ash - it came from and Hoff.
e. .er he had cut one of the
- had been up to her rooms
her. She stated that she
1T Mr. Hoffman occupied rooms
Ghe second floor of the building.
George Stone stated that his
cousin, Mrs Sarah Andrews, told
him on the afternoon of September
8 about the stabbing affair. Stone
talked to Hoffman about five o'clock
that afternoon about the affair and
Hoffman told him that two men had
been in the house that afternoon
and that the men were noisy. HOff-
man said that he had stabbed one
of them, but not the man who was
so noisy Hoffman didn't tell Stone
how the stabbing occurred.
Visited a Saloon.
Otto Polite, who is employed in
the Oleander saloon, was next call.
ed to the stand. He testified that
Hoffman had come to the saloon
that afternoon and wanted him to
telephone for a police officer about
the stabbing The saloon man said
that Hoffman told him about the
affair. Hoffman said that he had
pushed a man down the stairs and
the man came back and attacked
him. Hoffman then pulled a butcher
knife and cut the man with it. Hoff-
man did not tell him where he stab.
bed the man or who the man was
who was stabbed.
At this point the state rested and
Attorney S. B. Wilson for the de-
tense stated to the jury what their
line of defense would be.
John Macbeth was the first Wit
ness called for the defense. He tes-
titled to having met Rogers at the
top of the Garden City hill during
the time of the Garden City fair.
Mr.. Macbeth was in an automobile
and was going UP the hill. He met
Rogers in a wagon just at the top
of the hill and Rogers insisted on
having the entire road. Rogers be-
came angry and got out of his wag-
on. Rogers had club in his hand
and swore at Mr.. Macbeth for not
giving him more of the road. Mr..
Macbeth testified to seeing CATER
and Rogers back of the Mint saloon
on Front street about noon of the
day of the stabbing, and said that
both CATER and Rogers were under
the influence of liquor.
Dennis McGraw, who has a black
smith shop near Wishnick's junk
yard, testified to seeing CATER and
Rogers in the driveway there that
day He said that he did not no.
tice Rogers particularly, but that
CATER was drunk.
Unable to agree, the jury that lis
tened to the evidence brought out
during the trial of Oliver Ballinger,
charged with arson in the second
degree, was discharged by Judge
Pfau in the district court at ten
o'clock this forenoon.
The jury retired at three o'clock
yesterday afternoon. In all fourteen
ballots were taken and the senti-
ment in favor of conviction and ac-
quittal was about equally divided.
During greater portion of the
night the jurymen discussed the evil
dence and there were some rather
heated arguments. Members of the
jury became quite demonstrative
while talking to their fellows.
The jury was ushered into the
court room at ten o'clock and Fore
man Pat Jordan announced that an
agreement among them was an inn
possibility. The twelve men were
discharged.
Ballinger will be retired at the
next term of court. 1t is quite like
ly that an effort will be made to
release Ballinger on bail.
Judge Pau fixed Ballinger's bail
at $3.50.