The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1913-05-02
Walker Case Is Tried

From TUESDAYS Daily.
The case of o. W. Walker against
the Peoples State bank of North
Mankato created a great deal of
comment among the citizens of
Brooklyn" and the outcome was
awaited with interest," Mr.. Walker
was president of the bank >and sued
that institution for $47.71 of which
$50 was claimed as remuneration for
what the plaintiff termed special
work prior to and following the re-
signation of the former cashier, j.
C.. Struck. Mr. Walker claimed $12
for the, use of a typewriter by Mr..
Struck and $571 for postage and
incidental expenses
The case was tried in the village
hall before Judge Roessler and six
jurors yesterday afternoon. The jury
after being out about an hour re-
turned "a verdict for the defendant.
refusing Mr.. Walker any remunera-
ton whatever, and thus throwing
What the Testimony Showed.
The evidence brought out in regard
to the salary showed that any work
which Mr.. Walker might have done
was no more than the performance
of his duty as president of the bank.
He admitted when questioned that
he had done what he thought was his
duty. and when the bylaws of the
bank were consulted, it was found
that no provision was made for re-
Enumeration of any kind for any of
the officers in the performance of
that Mr.. Struck had promised him,
for the bank, to give himt 81 per
month for the use of a typewriter, but
three of the directors of the bank
testified that Mr. Walker had, made
the statement before them criticizing
Mr.. Struck for purchasing new ma
chine. They claimed that Mr.. Walk
er had said: Struck is foolish for
buying a new typewriter when l
have offered him the use of mine
free of charge" This convinced the
jury that Mr. Walker had nothing
A check was produced as evidence
showing that the bank had sent to
Mr.. Walker 1911 for postage and
other expenses. The directors claim
ed that this check had been returned
as Mr.. Walker refused to take pay
ment for this amount. 1t became evil
dent to the jury by this that Mr..
Walker had refused the check so as
to have the opportunity of bringing
the matter up in court. The direc-
tors also testified that they had tried
TO settle the dispute with Mr.. Walk
er out of court, and Mr.. Walker re-
fused to settle. In deciding the
case, the jury refused to give Mr..
Walker the sell for expenses be-
cause this would throw the costs of
the trial upon the bank, and it was
thought by the jury that the bank
was not responsible in any way for
the action. .a
On the cross-Examination.
On cross-examination, Mr. Walker
was asked if he had been requested to
resign as president of the bank,
and Mr.. Walker said that he had
not. The directors testified that
Mr. Walker had been requested to
tender his resignation.
Mr.. Walker was the only witness
on his side of the case.
The witnesses called on defend
ants side were Frank Jefferson, N.
A. Door, Ned Rist and G. e. Ball,
directors of the bank, and Weldon
Rouste,. assistant cashier. George
r. Olson of st. Peter, county at
torney of Nieollet county appeared
for the bank and j. E. Regain of
Mankato was the plaintiffs attorney.
He roasted the Witnesses for the de-
tense, and filled the village ali with
eloquence. He kindly offered to fur
nsh the opposing attorney with law
galore. Mr.. Walker today expressed
himself as highly pleased with the
manner in which Mr. Regain had con-
Quoted his cases.
The jurors were III. l.. Haven, Hen
ry .Robel, ST.. II. J. Markytan, L. Pet
tbs, A Anderson and F. w. Drucken-
brod Henry Robel ST., was fore
man.
The trial started at 1870 in the af-
ternoon and continued until nearly
$50. The jury returned the YER
dict about 1870 Mr.. Walker says
that he will appeal the case to the
district court OF Nicollet county.