The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1912-12-20

lindteinegl Jet Ig.ea. hy the sfapd
jury does not charg, a pubic Of.
I Tense. He stated further that The
statute upon which e charge Is
5asef being he ST. banking ret
= Of 1909. is RnconstitR gnal. and that
the provision provided for pfHishs
ment for an officer of bank sub
hitting n false report is not embra-
the act.
At one O'Clock court was again
reconvened, and the attorneys for
the state and defense argued the
question of the indictment itself.
| Mr.. Carlson held that the indict-
ment was not clearly drawn, and
was not specific In it's charges. and
that the statute uDon which it was
based is not constitutional.
! - -~ Attorney James Argues.
Assistant Attorney General James
held that the Indictment was clearly
and sharply drawn, and that it
should stand. Upon the conclusion
of the arguments Judge James Fl.
Quinn stated that there seemed to
| be good ground for doubt concerning
the indictment, and that he would
take the indictment under advise
ment and give his decision this
morning. -
| The court further stated that the
statute under which the indictment
was drawn is peculiarly and awkard-
! ly worded, and that he would prob.
ably certify the case to the supreme
court of Minnesota to pass upon its
constitutionality. ...--.". -
! This law was passed by the legis.
i lature of this state in 1909, and the
Sharp case is the first one to come
within its provisions. rs s~
In an interview Assistant Attor-
ney General James said: II think
/ that the court has taken the proper
stand in having the constitutional.
| ity Of the law passed upon at this
, time. This has been the first case
of the kind to be brought under the
statute, and it will be an interesting
one from that viewpoint"
! District court at Blue Earth ad.
journed today until Tuesday morn
ing at nine o'clock Tuesday morning.
Judge Quinn has not handed down
an order in the Sharp demur
/ independence, Kan, December IA.
An evident reluctance among In.
/ dependence society women to re-
spond to calls for Jury service
brought an announcement today. by
| Justice Clark that he INTENDED to
have a woman jury in every case in
! his court, where the testimony is
not likely to be of an embarrassing
nature" He said women had more
| time for jury duty than men. 5=@s,
Deputy Sheriff Edward Wadman
reported he had found it practically
impossible to serve. subpoenas upon
six prominent women summoned as
jurors in the case Of Jim Blue, to
be tried tomorrow charged with
shooting up" an interurban street
car. --.- .s-...~ =. ....'. - =
| In many cases he said he was met
! at the door by a butler or maid
with the information that the mis-
tress was 'out of town. while at
the same time he could see the
absentee" at an upstairs window
laughing at him. &,. q. ~. :: -
On his way to his office this
morning Justice Clark saw one of
the women on the street. An hour
later he received a telephone mes
sage that she was tout of town"
and could not serve. He replied that
she had better be in town tomor.
row." ri .s.s ~. -.
That the many persons interested
may be accommodated at the Blue
trial, Justice Clark will have his
court to the Commercial association
rooms -. -.r. -" -..s ~
Adolph Zueghner of 1912 North
Fifth street, made the claim this
afternoon that he had been threat.
ened with death by Jacob Schaus,
when he went to Mr.. Schaus' farm
about three miles north of the city,
to get some wood which h2-t.laimed
belonged to him.. He went to the
county attorney and tried to get a
warrant sworn out for Mr.. Schaus
arrest but that official did not deem
the evidence in the case sufficient
enough to warrant such a proceed
ing against MIR. Schaus. Zueghner al
leges that Mr.. Schansi had a revolt
Yer with an abbreviated barrel in his
hand and ordered him off the place.
He says that he went to the farm
to get some wood which Mr. Schaus
owed him for doing some chopping.
Mr.. Zueghner told County Attorney
j. w. Schmitt that the above story
is pure fabrication. He says that
he does not owe any money to
Zueghner nor did he threaten him
with a revolver. He says Zuegh-
ner came to his place and started
to cut some wood He ordered the
man off the place and when he re-
fused to go, took him nv the coat
collar and marched him Off Zeugh'
ner was advised to start civil suit
against Mr.. Schaus for the money
which he claims is coming to him,
but as yet the indignant gent man
has made no move in that direction.
In the case of Bertha Shaw