The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1914-06-12
Games OF Poker
Figure In Trial
From sa.urasy,s Daily.

From Saturdays Daily.
For the second time, r. w. Esh-
baugh. former travelling salesman for
the Racine-Sattley company OF iii.
nois, won jury verdict last even
ing in the sum OF Sis against that
company in the municipal court OF
Nankato. on account OF being dis
charged from the company's employ
without the thirty days notice pro
vlded In the contract.
The case was tried yesterday aft.
ernoon and evening. The jury
brought In the verdict about 1880
o'clock. after being out fifteen min.
utes.
The one feature. wherein yester.
days trial differed from the first
one, which took place early las,
spring. was the taking OF testimony
to throw light on the question wheth.
or Mr.. Eshbaugh was a player OF
the much mathematical game OF
poker TO an extent that could be
termed misconduct or immortality.
The contract provided that Mr.. Esh.
baugh could be summarily discharged
for miscon duct or immortality.
Il was evident that the jury thought
very little Of the poker-playing fea-
ture OF the situation.
Some Verbal Brickbsts.
At times during the trial verbal
brickbats few thick and fast among
The attorney and witnesses. When j.
O. King. manager of the company's
sales for Minnesota and Iowa, with
Des Moines as his headquarters, was
on the witness stand, Attorney Ivan
Bowen asked him whether he did
not discharge Mr.. Eshbaugh because
he had heard that Mr.. Eshbaugh
said that he had heard that Mr..
King had once sent in an account
TO the company for travelling ex.
penses during the period when he
did not leave Des Moines at all. AT
this Mr.. King quiyered with fury
and he told Mr.. Bowen that he
would be glad to meet him and set.
tie with him in place where there
would be no interference on the
part Of others. Mr.. Bowen said he
vas ready to meet him anywhere.
Something About Poker.
When MIR Eshbaugh was on the
stand, Attorney II. L. Schmitt was
questioning him with a view to
making him admit that he was a
devotee to the pastime OF playing
poker to an extent that was repre-.
hensible, when Mr.. Eshbaugh sud.
denly remarked: Il understand that
you know something about poker,
yourself, Mr. Schmitt." The latter
became indignant and called on the
court TO reprimand the witness. NJ
Bowen hereupon remarked that this
was no worse than his being called
names by the opposing counsel. In
this manner. time after time, Judge
cUmstuck was called upon TO
straighten out the verbal tangles in
which the attorneys and witnesses
frequently wound themselves, much
TO the amusement OF the eight jury.
men. who seemed to enjoy the trial
as they would a frst-class comic
drama.
Some More About Poker.
o. X. Popp. another travelling
salesman in the employ OF the same
company, was closely questioned by
Attorney Bowen about a game OF
poker that was said to have taken
place at Des Moines, Iowa, between
himself, Mr.. Eshbaugh and one Bal,
lard, with the result that Mr.. Popp
lost between six and seven dollars
Mr. Popp was asked by Mr.. Bowen
whether he did not inform Mr.. King
In regard TO poker-playing by Mr.
Eshbaugh because he felt sore over
that loss. Mr.. Popp said he thought
IL was his duty to give such informa
ton. when he had heard that Mr.
Eshbaugh had been engaged I'm a
poker game, wherein about 5000 had
changed hands.
Merely Friendly Game.
Mr.. Popp said the game at Des
Moines, In which he had a part, was
merely a friendly pastime, at twenty,
FIVE centc a throw. The stakes
amounted to very little. He express
ed the opinion, however, that any
travelling man who would play poker
at all ought to be discharged. Then
you should be discharged should you
not?" Mr.. Bowen asked, and Mr.
Popp replied in the affirmative.
There was a sensation when Mr.
Bowen referred to Mr.. Popp as q
stool-pigeon and a piker, The other
side took vigorous exception to these
epithets.
When Mr.. King was on the stand
he said he thought 1t was all right
Tor the travelling men to play poker
II little sums, just for amusement
and sociability. He said IL was all
right IL they did not take of the
Id" that was. play for large sums.
Judge Was Aroused.
Mr.. King, at one juncture. irri.
lated at some Of the questions that
Attorney Bowen was putting to him
and which the court did not pre-.
vent him from being obliged to ans.
wer, exclaimed, Il never saw such
q kangaroo court as this"
"What?" rejoined the Judge quickly.
4 am referring To the attorney