The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1913-06-20
Jury Got Thirsty
Highballs Discussed
~ = y. ~
From TUESDAYS Daily.

k..A 4.
From Tuesdays Daily.
When Mrs Bessie Smith was put
on the witness stand in the district
court yesterday afternoon in the
case of the State against Henry e.
, Brand, it took some severe question
ing on the part of County Attorney
J. w. Schmitt to bring out the fact
that she had really bought whiskey
from the defendant, in the saloon
he formerly conducted on North
Front street She attempted to
make out that it was ginger ale
highball, but finally admitted that
she had bought the drink for wills
key. Charles Kelly, Burns detect
/ i've, testified that it was whiskey in
the highball. He had been employed
by the state to look into the business
of the saloon on North Front street
known as the White Front, and had
seen Mrs Smith in the place and
had observed her drinking in the
wine room.
Mrs Smith herself testified to
]
eral times. Officer Frank Bienapf
and former Chief of Police J. w.
| Donahue testified as to Mrs. Smiths
reputation, and declared absolutely
that she was known as a public
prostitute
County Attorney Schmitt attempt
ed to bring up the affair of last win
ter when Mrs. Smith and Casey"
Jones were arrested with two young
men for disorderly conduct, but
Judge Pau sustained the objection
of S. B. Wilson, the attorney for the
defendant. This affair took place
on the night of January 16, and Mrs
Smith was alleged to have bought
the whiskey highball in Brands sa-
loon on January a.
Officer Frank Bienapfl, Detective
1 Charles Kelly and Chief of Police
Klugherz, witnesses for the state, tes-
titled as to the character of Mrs.
Bessie Smith. The testimony of
Policeman John Albrecht was strick-
en- out. The defendant called on wit
nesses.
After the pleas by the attorneys,
J s. B. Wilson and Walter Plymat for
THE defense and J.. W. Schmitt for the
state, the judge charged the jury at
: two O'Clock this afternoon.
The jury brought in verdict OF
, guilty.
Since it has been decided to ap
> peal the case against Aldo & Shama
I: the proprietors of a pool hall, who
; were arrested on charge of al
lowing young man less than TWEEN
ty-one years of age to play pool il
, their place of business and acquitted
:. because the judge declared the cit.
}. ordinance in conflict with the STATE
l law. 1t has been found that the cit!
!. has right to not only regulate al
/. games but to even prohibit game
!. of any kind in the city.
The case against Aldo & Sham;
g was dismissed by Judge Comstock Oh
O 1.-THE grounds that the state law pre-
j. hibited minors under eighteen year
: Eof age from playing pool, and tn
Judge in his decision, said that tn
: fcity had no right to pass an ordinanc
!, which changed that ruling of tn
!. state. The case was appealed on tn
= ground that the city has a right 7
make more stringent regulations @
). such matters than the state LAY
II provides, but that it cannot max
laws which are more lax
Chapter eight of the city charter
y and subdivision thirty-eight, says
n, regard to the powers of the counc
$. of the city "The city council ha
n the power to license, regulate, r.
IS strain or prohibit all exhibitions, pul
s. lie shows, games and amusements;
er prevent and prohibit all descriptio
lof gambling and fraudulent device
and practices, bucket shops, all pla
Ting of cards, dice or other games {
chance for the purpose of gamblin
the keeping or operating of card m
chimes, slot machines or other co
i'll trivances upon or into which none
is staked, hazarded deposited or pa
ne upon chance, the selling of pools {
races, and to authorize the destru
m ton of all instruments used for Il
he purpose of gambling"
However, it is not at all likely tn
hit I the city council will make SUE
ee stringent regulations.
(. JFrom Tuesdays Daily.
,p- R. E. Day Of Chicago, civil emf
m neer, is in the city today in the
ne terests of the Electric Short Lii
he Railway company of Minneapol
by known as the Luce line, and
| followed by a party of surveyor
S. who are making their way to Ma
nd kato from Minneapolis, preparato
en- ito laying tracks for an electric Iii
we between the two cities. The 81
sit. veyors will be here in a day or tv
en- This line, if completed, will ma
Of the trip to Minneapolis about I
Mi miles shorter than the Omaha ros
of 1t is not certain that the road "
ng. be built yet, but the necessary s
les veys are being made to ascerts
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