The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1912-12-13


+ appear. Seach was made and !
= he was finally located at !
+ appear. Search was made and !
+ there yesterday, armed with !
= an attachment, and took him 1
+ into custody and he spent !
+ the night at the sheriff's resi- =!
+ dence. He gave no excuse !
+ for failing to appear, and it 1
= is expected that he will be ar I
+ raigned on the charge of con- 1
+ tempt of court.
+ + + + + + + + + i I. j. + + J
The state rested today in the tria
of former Police Officer Charles
Pollei for the alleged killing of HUI
bert Hack of North Mankato, ant
the defense opened. The defense is
understood to have a number Of
witnesses. 1t is understood that il
we'll endeavor to secure clear
acQuittal, on the ground that HACKS
death was accidental. 1t will not con
cede that bullet from Pollei's
weapon caused the death, as it was
the evening before the Fourth, with
racket of explosions going on, and
possibly some miscellaneous shoot
ing being done. A ball from the re
yOlver of some celebrator may have
caused the death, the defense is
likely to maintain. If it was the bull
let that Pollei fired, it will be claim
ed that the fact that Hack was
hit was entirely an accident, as Pol
lei shot into the air, or intended
doing so, and the ball must have
struck the pavement or something
else and been DETECTED toward
Hack. The fact of the front of the
bullet being somewhat flattened will
be pointed to as evidence of this
because it will be argued that the
ball could not be so marked by
glancing on the rib and leaving that
bone uniniured.
The defense claims that Hack
had actually committed felony
end that the officer was therefore
legally justified in shooting him
when he attempted to escape. The
state of course, combats this, claim
ing that no crime more serious than
misdemeanor had been committed
The state maintains that the
it was no accident. but the result of
deliberate aim taken by the then
police officer. even though the Off
Ger may not have had the intent of
inflicting death.
What Court May Do.
1t is thought that the court will
instruct the jury that it can convict
for either of the degrees of man.
slaughter, as well as murder in the
second degree, if it finds that the
evidence warrants it, or acquit.
The defense claims that the wo-
man that Hack is accused of hug
ging in front of the Rex cigar store
was not Miss Kate Zeyen. but
another woman of entirely different
appearance-tall, slender and dress
ed in black, with peek-a-boo seleves
to the wrists. Miss Zeyen is short,
plump and wore a raisin-colored
dress with sleeves to the elbow of
the same cloth, and arms bare be.
low the elbows. This lady will not
be produced, but several witnesses
will describe her, it is understood.
One of the states witnesses, ID. A.
Simmonds, was called home Satur-
day by a messenger, who reported
that his brother was dying. He was
able to return later and testify.
The jury was allowed to attend
the play last night, and Juror Glenn
ent Schroeder was permitted by
special arrangement to fill a previous
engagement to sing at an entertain
ment. Bailiffs accompanied each de-
tachment of jurors.
Page On the Stand.
William Page was the first witness
called Saturday afternoon and said he
had resided in North Mankato for
eighteen years. He knew Hubert
Hack and Mr.. Pollei both by sight
He was in Mankato the evening Of
July last. He saw two ladies talk
ing with Mr.. Pollei near Kron's
store, at nearly ten o'clock. Pollei
and the ladies went easterly on
Main street. The ladies were Mrs.
Liedloff and Susie Wertz. The ladies
returned to Front street, and shortly
afterwards Pollei. went toward the
Saulpaugh with Hack, followed by
the ladies. Witness had followed be-
hind, and he saw Hack run to-
ward the bridge, on the sidewalk,
IoliOWCu ny TOllcl T." llu6SS lt'lOWeu
them and heard a shot Witness
was then about opposite the side
entrance to the Saulpaugh, and Pol.
lei was about at the northwest cor
ner of the hotel, and Hack was run
ming five or six feet southerly of
the base of the southerly crossing
gate. Hack, when the shot was fir
ed, was i'll the center of the side
walk line and between the two
tracks nearest the Saulpaugh. Hack
ran on after the shots and turned,
leaving both of the Milwaukee track
gates on his right, and approached
to the first gate of the Omaha
track. After he fell. his head lay
northerly.
Pollei went to the body and then
returned toward Front street When
Pollei fired, the flash of the weapon
was straight out toward Hubert
Hack. There was an arc light over
Main street, near the railroad tracks
The flash was about five or six
inches long, and was about three
feet in front of Pollei. When
HACKS coat was raised, witness
saw a spot of blood coming through
his shirt. When Mr. Pollei returned,
the body was picked up and placed
in an auto and carried away The
shooting occurred at about 10 d. IN.
Hack Increased His Speed.
Cross-examined, the witness said
that while walking across the street