The Mankato free press., 1914-08-07

Wis. On Sunday. August 16, Mr.. |
Hobbs breaches in the Rogers Park |
Baptist church OF Chicago. All the
regular services Of the church will be |
sustained during the pastors absence.
These arrangements are In charge of
A. c. Hedberg and II. r. Harmer.
Upon the pastors return active prep
arations will be made for the enter
tainment of the Minnesota Baptist
state convention which will meet with
the First church October 12 to Is.
From Friuay's Daily.
After being out from six until ten
o'clock last evening, the municipal
court Jury that tried F. B. Clements
on the charge of disobeying the law
requiring automobiles to stop at
least ten feet from street cars that
have stopped to discharge passengers,
IL the public safety requires it, fail
ed to agree and was discharged by
Judge Comstock.
The case was tried in the NUM-
cipal court yesterday afternoon be-
fore a Jury of eleven. Mr.. Clements
was charged with having caused a
car to be driven past a street car
that had stopped to discharge pas
sengers at Front and owatonna
streets on the afternoon Of the Ring
ling cicus, July H.
Story Of the Affair.
The car was being driven by In
gel Nielsen, son of J. B. Nielsen of
North Mankato. The car had stop
ped to let off passengers at the
| front end. The car was headed the
opposite direction from that in which
Mr.. Clements car was going. +. "
Waters, the city traffic officer. had
given Mr.. Clements the word TO go
ahead with his car, but he was to go
very slowly and toot his horn. F.
]. Buchholtz, the mOtOrman, alighted
from the car and got in front of the
auto, commanding young Nielsen to!
stop, as there were people in the
way. Mr.. Clements shouted to Mr..
Buchholtz to get out Of the way or
he would get run over. He told the
driver to go ahead. The latter did
so. No accident happened, but the
motorman was dsite angry.
Warrant Gotten Out.
The result was that a warrant was
taken out afterwards for both Mr..
Clements and tngel Nielsen. They
demanded separate trials, and Mr.
Clements trial came first. This oc-
Cured yesterday afternoon, before
Judge Comstock and jury of eleven.
The street car company pushed the
prosecution, Wishing to establish the
principle that automobiles must stop
in such situations as that which oc
CURED in this case
The law provides that automobiles
must stop within ten feet of street
cars that they are approaching, ifl
those cars have stopped to let of
passengers, provided the public safe.
~ demands lit. County Attorney
Schmitt. who conducted the prosecu
ton, argued that in this case the
public safety demanded that the au
tomobile be stopped, and that even
IL the traffic officer had given Mr..
Clements the word to go ahead, he
had no right to do so.
Contention Of Defense.
Ivan Bowen, attorney for the de-
fense, maintained that the public
safety did not demand II, and that
Mr.. Clements was fully justified IN
going ahead, after the traffic officer
had given him the word to do so.
II he had disobeyed the traffic Off
Ger, he would have gotten into trou-l
BILE with the law giving that officer
the power of regulating the traffic
in such situations. The Jury seemed
unable to agree on the point whether
public safety demanded that the car
\ should be stopped.
During the trial, Mr.. Schmitt ask
ed Mr.. Clements whether he did no
feel some personal hostility to Mr..
Buchholtz. Mr.. Clements replied that
he thought the motorman acted
pretty fresh that day." Mr.. Bowen,
a little later asked Mr.. Clements
whether he thought the county at
torney had a grudge against him.
YES" was the reply; ''he wrote a
letter to my uncle" The answer
was cut short by objections and
the rest OF the story was not told.
II developed later today that the
vote of the jury most of the time
stood seven for conviction to four
for acquittal At times the vote
was six for conviction to FIVE for &c.
quittai.
County Attorney J. w. Schmitt
was asked today whether he would
have the case tried over again or
dismissed and said he had not de-
cided 81
From Fridays Daily.
Steps were taken today by the