The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1912-12-13
FATE OF POLLEI RESTS
WITH TWELVE JURORS
From Tuesdays Daily.


Judge A. r. Pau concluded his
charge to the jury at noon today
and the fate of Charles Pollei
charged with murder in the sec
ond degree, was placed in the
hands of the twelve men, who re-
tired for deliberation.
Herman korts On Stand.
Herman Korts testified yesterday
afternoon for the defense that he
saw Hubert Hack at a certain place
the evening of July 5. He saw Of,
ticer Pollei so up to Hack in a
saloon and tell him that he was
under arrest. Witness had followed
them from the saloon and saw Pol
lei and Hack walk toward the
city hall. Witness had run across
the street because Hack had made
several remarks last winter in q
saloon that there was no policeman
who would ever arrest him. This
was brought out in spite of the OBJ
jections OF the state, which were oy-
erruled by the court. Witness want
ed to see if Pollei succeeded in ar
resting Hack. The latter started
to run. and Pollei ran after him
and called on him twice to stop,
the first time stop" and the second
time stop, you" The last time was
near the entrance of the Saulpaugh
cafe. Hack ran toward the bridge,
leaving the sidewalk at the Saul
paugh corner and ran toward the
bridge and toward the right from
the sidewalk. Later. witness heard
a loud report. Pollei was near the
Saulpaugh cafe and Hack had just
run past the corner of the Saul
paugh. He thought that Hack r?n
100 to 10 feet after witness heard
the report. The witness had taken
the center of Main street and was
about even with Pollei.
Cross-eXamincd, the, witness said
that he was drinking glass of
beer at the White Front saloon at
the time of the arrest He had fol-
lowed TO Main street and gone down
that. walking fast and at a slow run.
He did not see Mr.. and Mrs. BOhrer
and Mrs Simpson and Mr.. Kreuger,
to recognize them, until they gather
ed about the body. He did not hear
Pollei say Halt" or will you stOp?''
When he left the saloon, the witness
was $50 feet behind Pollei and
Hack, but he ran after them, leav-
ing the sidewalk about opposite
Salet's store and cutting across to-
ward the north entrance to the
Saulpaugh intending to take the
sidewalk on that side of Front street
Policemen On Stand.
Officer Ira Romack was called and
testified that Pollei used thirty,
eight calibre revolver. He identi-
fled bullet taken a couple of days
ago from Pollcis revolver, which
was in the police station safe. The
court sustained an objection by the
state, because it had not been shown
that it was the same kind as used
the night of July >, but the witness
subsequently, testified that the same
kind and size of shells were used
then as now. The offer to introduce
the bullet in evidence was denied.
The officer testified that Haack' S
reputation was bad
The witness testified that he knew
that the cartridges now used are of
the same size and make as those
used on July 3. The bullet was re-
offered and the court allowed it to
20 in. The officer was positive about
the shells that were in Officer Pol
lei's revolver the night of July 3,
as they had been shooting at a
mark two days before, using shells
from the same box.
Chief Of Police Donahue testified
that Mr. Pollei was a member OF
the police force on July 3. Hack S
reputation as a citizen was bad, he
col
All of this testimony was gotten in
over the states objections.
Mrs. LiedIoff was called and tes-
titled that the woman whom Haack
had his arms about in front of the
Rex cigar store the evening Of July
3, was not Katie Zeyen. The woman
was tall, slender, and wore a black
dress with sleeves that had holes
in them. Witness had known Miss
Zeyen for twelve years.
Miss Susie Wertz was called and
gave practically the same testimony
as her sister had done.
William Mccall, son of John Nc
Call Of Mankato township, testified
to seeing Hubert Hack put his arm
about. woman on the street the
night of July 3. This woman was
not Katie Zeyen. The occurrence
was in front of the Rex cigar store
He did not know what time it was
Arm Around Woman.
Cross examined, the witness said
that Hack put his arm around the
woman and she jerked away. He did
not take her by the hand that wit
ness saw The witness did not dc
or say anything about it. Quite q
few people were standing around
He thought that there was an at
tempt made by Hack to commit q
heneous assault. The woman made
no cutlery A companion of witness
standing three feet away, did mo-
see it. as he was talking to another
young woman.
Frank Dolson, c. n. w. switch
man, said that he and his wife me-
Hubert Hack on the street one
night. Witness was asked wha
Hack did to his wife at that time
but state objected and the court sus
tanned the objection, and the wit
ness was excused.
The defense rested at 2:30 p. m
Testimony in Rebuttal.
The state called Oscar Over in re
buttal but at the request of the de
feEse the state was required to make
it's offer of testimony in writing. The
defense objected to the testimon.
and tho objection was sustained