The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1915-10-15
Police Court Jurors
Acquit DR.. Merrill
FROM saturday.s u.lly.

all OF yesterday afternoon in the
Mankato municipal court, DR.. j. Il.
Merrill of Amboy was found not gull
ty OF the charge of assaulting Frank
Shultis. The jury returned the ver-
dict early in the evening after being
out scarcely ten minutes.
The whole trouble seems TO have
arisen from the visit of an unwel-
come and unbidden guest at the Mef-
rill home about three o'clock on the
morning OF Sept. 1. DR.. Merrilrs lit
tie boy slept out on the porch. DR..
Merrill testified that the child reused
his father, who slept inside. and de-
clared that there was a man out on
the porch. The father al first thought
the boy had been dreaming. but after
an investigation he found a man I'm
the boys bed The man had his shoes
OF.
DIR. Merrill went on to relate that
he at first supposed the man might
simply be drunk and thought he would
not disturb him. So he sent the boy
inside Of the house to go TO bed there.
and went inside himself. Then he re-
Hected that the man might be a burg
Of him. So he went out and shook
him. reused him and obliged him to
leave the place. DR.. Merrill swore
that this man was no other than
Frank Shnltis. ono OF the proprietors
Of the local panitorium. However. he
was somewhat uncertain Of his iden-
tity at that time.
The doctor further related that aft
or the break of day he met Walter
Shultis. who greatly resembled Frank.
and accused him OF getting on the
porch and forcing his way into the
hoys bed He demanded an apology.
Walter Shultis said that he was not
the man. The doctor testified that
Walter Shultis stated that II was his
brother. who did the act that the doc
tor complained OF.
Another witness. whose testimony
had a bearing on the question Of the
identity Of the intruder. was Fred
Truwe. the restaurant man. This man
declared tibet Frank Shultis was with
him in the evening and spent the night
ut his dwelling He declared that
Frank Shultis could not have left the
house without going through the room
OF the witness and arousing him. MIR.
Truwe stated that he was satisfied
that all that night Frank Shultis had
not left the Truwe place and he was
there when day broke and all got up.
Walter Shultis was asked yesterday
by Free Press representative wheth-
er Il was true that he told DR.. Mer-
riil that il was his brother that got
on the Merrill porch. Walter Shultis
said he told the doctor no such thing.
However that may be, II was not
long after the doctor had his talk
with Walter Shultis that the meet
ing OF the doctor and Frank Shultis
took place in the drug store OF Teddie
Torgenson II was here that the
fight occurred. The doctor demand
ed an apology from Frank Shult!s
and accused him of going on the porch
and getting into the boys bed. Frank
Shultis called the doctor a liar. That
much is admitted. The doctor In his
Testimony declared that Shultis used
the common profane prefix TO the
word. liar: also that SHUTS made
hostile move at the doctor as II to at
tack him.
d.. T..
ecution. ridiculed the idea Of Frank
Shultis attacking DIR. Merrill. He said
one could tell by looking at them that
Shultis could not lick one side OF
him" He also said the doctor was
an athlete. Tho doctor is much the
larger and more athletic looking OF
the two men. There Is no doubt about
that.
The doctor admitted that he struck
Shultis once with his fist In the cheek
or thereabout, and that he also turned
him around and kicked him in the
seat OF the pants with the fat side
Of his foot. lie denied kicking him
I'm the side
AS TO the way In which the doctor
struck and kicked Shultis, the testi-
mony OF the druggist. Mr. Torgenson.
was very important. His testimony
was very fayorably to the doctor. al
though this witness was called by the
prosecution.
DR.. Roy Andrews. who attended to
Shuitis stated last evening that as
far as he could make out. Shultis was
not seriously or permanently hurt by
DR. Nerrin. Shultis stayed in the hos
pital for six weeks, but DIR. Andrews
thought there was no need of that.
One Of his ewes was impaired. but the
doctor thought that may have been
the condition OF the optic before the
fight.
Attorney 3. B. Wilson conducted the
defense. Judge Walter Plymat set for
the trial.
Frank Shultis has in the district
court a $1,000 lawsuit against Or.
Merrill. II Is based on the same con-
tentions on which the prosecution was
conducted. The complaint alleges not
only bodily injury but also damage to
business.