The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1912-01-12

will have to obtain nearly 500 on
the petitions in order to insure an
election.
From Frlday's Daily.
Three Of the defendants were
fined and the other five were dis.
missed when the cases against
those connected with the deer-slay.
ing episode at Sibley park on No.
vember l last, were brought before
Judge w. l.. Comstock in the mu
nicipal court this morning. This was
the result OF a compromise proposed
by the defendants to County Attor.
ney Schmitt, as stated in The Free
Press last evening. The butchers
who were in court had retained no
attorney. County Attorney Schmitt
represented the state and City At
torney c. 0. Daley represented Ben
jamin Bangerter, Jr. Fl. A. Rider
executive agent, arrived in the city
last night and was present at the
hearing. However, he did nothing
at the trial except sign a charge
against Commissioner BangerteI
when q new charge was preferred
against the latter.
Fines Were Paid.
The case of the State against O.
n. Hermanson, who conducts meat
market at 315 South Front street
was first taken up. County Attor'
ney Schmitt stated that he under
stood that Mr. Hermanson had de-
cided to withdraw his plea Of not
guilty and enter a plea of guilty.
This Mr.. Hermanson affirmed and
he was thereupon fined $50 and costs,
which amounted about $54.5O. He
was charged with the killing Of one
deer without first obtaining a big
game license. In handing down the
fine, Judge Comstock said that there
was very little discretion in case
Of this kind, but thought that a
minimum penalty would satisfy the
ends of justice. The fine was paid.
The case of the State against
Charles f. Gunstrom, who conducts
"a meat market at sci South Front
street, was then taken up. He also
withdrew his plea of not guilty to
the charge Of guilty, and was fined
$50 and costs or in default OF pay
rlcnt, thirty days in the county Jail.
Statement BY Judge.
In making the fine, Judge Com
stock said: 81 do not doubt but that
the officials of the state have thor
oughly investigated this matter. The
state of Minnesota seems to have
taken to itself the ownership OF all
game on land, in air and water, ana
the law seems to be misunderstood
by many people. Whether the leg
islation made by the state is sound
policy or not is not to be decided
now. In this question it seems that
the city OF Mankato assumes to have
had control over certain game AMI
mails. Whether or not the control
was absolute and authorized appears
to have been a question, but the city
officials and the state officials seem
to have differed. The charge is
largely technical and therefore | am
inclined to think that the defendant
meant all right but simply misun'
derstood the law"
The case of the state versus
George Blake, park foreman, was
dismissed. as, according to the coun.
ty attorney, investigation showed
that no prosecution was required. He
was charged with the killing Of the
deer without a license. When Mr..
Blake was discharged he arose and
said: "Thank you, gentlemen, thank
YOU"
Edward Hottie, who was charged
with purchasing one deer, was dis
charged, as investigation showed
that there was no intention OF COM
hitting any crime and the apparent
reason for the purchasing OF the
deer was that they were acting law
fully in so doing. Therefore the
ends of justice did not require
prosecution.
The case of the State VS.. Charles
Wagon, Peter Schweitzer and J. NJ.
Karmany on the same charge were
also dismissed. A fifteen minute
recess was then taken.
Rangerter's Case Taken Up.
When court convened again, the
case of the State VS.. Benjamin Ban
gerter, Jr, was taken up. Inc
charge that had been preferred
against him was the killing of two
deer without first securing license.
AS the penalty in this case would
amount to 500 and costs for each
deer killed, it could be made an in
dictable offense, and SO in order to
keep the case in municipal court, 1t
was decided, upon motion OF County
Attorney Schmitt, to dismiss this
charge and make another ones charg-
ing him with the killing of but one
deer.
County Attorney Schmitt then
made out the new papers and Elk
ecutive Agent II. A. Rider signed
them. Mr.. Bangerter pleaded guilty
to this charge and was fined 500
and costs, which amounted to to-.
tai Of $3.50. st8f
Mr.. Dailey's Explanation.
Before the sentence was rendered,