The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1913-12-26
From TUESDAYS Daily.

Lee Olger, Harry Peterson and Ed
ward Peterson, the three boys con-
corning whose arrest on the charge
of lettering into saloons so much COM
motion has occurred, were before
Judge w. l.. Comstock of the NUM-
cipal court this morning.
Attorney Ivan Bowen, for the de-
PENDANTS, raised the point that the
court was without jurisdiction over
the cases. He made this contention
on the ground that the defendants
were witnesses in an action pending
in the district court. He argued that
lby reason of the fact that they were
interested in that action they had
obtained immunity under the laws
of this state and were unlawfully ar
rested and detained by the munich
pal court. He therefore asked that
the defendants be discharged.
Cases Are Continued.
1t was agreed between Mr.. Bowen
and City Attorney Schaub that the
cases against the boys be continued
to December 80 at 10 a. m. At that
time the point raised by Mr. Bowen
will be argued.
| Judge Comstock cautioned the at.
| torneys against making any public
statements that might have tendency
to embarrass the court in giving the
cases fair, unbiased consideration
Evidently the judge had reference to
the intimation that the boys had been
placed under arrest for the purpose
of intimidating them as witnesses in
the cases against the saloon-keepers
in the district court
Mr.. Bowen stated that what he
said during the council meeting yes.
terday with reference to these cases
was not intended in any way to re.
fleet on the court or its officers. He
said his remarks were made in the
heat of the debate and also observed
that he was young attorney.
81 believe" said Mr.. Schaub, "that
what Mr.. Bowen said yesterday was
meant to apply to me. AS he says
he is young attorney, and after he
has practiced for some years he will
probably not make such statements
unless he feels justified in them.
feel no grudge against counsel"
Acted as Court Officer.
/ Mr.. Schaub declared that in causing
the arrest of the boys he was merely
acting as he was bound to do, as an
officer of the court. More than q
month ago he had been instructed
by the city council to take this action
The mayor advised him to let the
matter go until after the district court
cases were disposed Of. Mr.. Schaut
said he asked the county attorney
whether he was through with the
boys as witnesses, and the county at
torney said he was through with then
for this term and probably through
with them forever. Then the city
attorney said, he received positive in
structions to go ahead with the pro
secution of the boys. He asked Ger
tain officers of the ministers associa
ton whether they thought it woult
be a good thing to prosecute thu
boys, and was told by them that the.
thought it was the best thing tina
could be done. Under these cir
cumstances, Mr.. Schaub declared, HI
could not do otherwise than to g
ahead and prosecute the boys.
Judge Comstock allowed the boy
again to go on their own recognizance
He cautioned them, however, to sta.
away from saloons. He said rumor
had reached him to the effect tina
one or more of the defendants hat
been entering saloons. He said tina
if such things should occur and b.
proven, the consequences woul
probably be very serious.