New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1919-12-24
JUDGE QV.A VA. TO
SIT IN WYE CASE i /:
WILLMAR JURIsT SELECTED BY
GOVERNOR TO PRESIDE
OVER TRIAL.
COURT TAKES RECESS OVER
HOLIDAY SEASON UNTIL
JANUARY G.

HOLIDAY SEASON UNTIL.
JANUARY G.
Governor j., A. A. Burnquist has
appointed Judge George r. Qvale Of
Willnar to act in place OF Judge Frank
.Clague. in the trial Of Vidiant B. WYE
and Ed. Cutting in District Court here
January 6. The appointment by the
governor was made upon request OF
Judge Clague after an affidavit had been
filed by one OF, the defendants claiming
that the presiding Judge already had
expressed his opinion in regard to this
case and that he was to be regarded as
preiudiced st the time the motion
for another Judge was made Judge
Clague stated in open court that he would
gladly retire from the case. The gov
errors appointment Of Judge Qvale
was fled with Clerk Of Court Carl z.
Manderfeld on Saturday, December 70.
Previous to the defendants motion
for another Judge and change OF venue
the date for the trial had been set by
Judge Clague for January 6. At that
time the motion for change Of venue
;. will be heard by Judge Qvale.
Nudge G. E. QVale has been here
before. He heard the election contest
between Judge Olsen Of New Ulnl and
Mr.. Mathews from Marshall. It was
judge Qlsen's second term and it was
impossible for him to sit in the case.
Court Takes Recess.
Saturday, December 20, at 8 a. M.
the court convened for a short time. and
then took a recess until January s. 1920,
10 A. NJ. All jurynien We're excused
until that time i !. ~; y.
Found Guilty. ,-'s'~5
The case Of the State of Minnesota
VS.. Henry scIlrritt Of Bashaw which
was being tried at the time Of going to
press last week went to the Jury on Tues-
day, December IS, in the afternoon at
: 3:35. The jury came out with YER
dict at 1870 A. M. the following morning.
a Schmitt was found guilty Of assault
Nm the third degree. He was accused
ssaf assault in the second degree. Sen
tence was stayed until January s:
Claimed Damages.
The next case up was that of Emma
Hoffman, ct al. VS.. the City OF New
Ulm. The plaintiffs claimed damages
had been done to their property by the
grading of Sixth South street passing
the Hoffman, residence The case went
to the Jury on Wednesday, December
II, in the afternoon, and verdict was
brought in by the jury the following
y morning at 8 o'clock. The verdict
was in favor OF the plaintiff assessing
her damages for $500. The city asked
for a stay of sixty days, which was
granted.
No Cause of Action.
mo cause of action, was the verdict
Of the Jury in the case Of Levi Gustafson
VS.. Fred Fischer and Alfred Baltrusch..
,sustafson claimed that the two defend
ants We're driving an automobile in
Nicollet county on the public highway.
& He further claimed that they passed his
team soaring the horses. A runaway
..sWas the result, he claimed, and one of
the horses got tangled in the drag break
ING one OF its legs. 1t was found neces-
;ary to Kill the horse thevalue Of which
Gustafson wanted to recover from the
Two defendants. The case went ito
the jury at A:55 p. M. Friday and the
verdict. Of no cause Of action was re-
turned about 55 minutes later.
Railroad Pays 5000.
One OF the most important cases on
the civil calender at this term Of the
court was that of Hans Nelson, father
of Odin Nelson, a Minor, plaintiff, vs.,
the Minneapolis & st. Louis Railroad
Company. The case did not come up
for trial a, settlement have been effected
last thursday. Fhe railroad agreed to.
nav damages to the extent Of s$6 600.
The suit was brought for SIS GOO. Odin
Nelson, IS, suffered a fracture Of his.
limb in April, 1918. AT that
nine he was employed by Anton Brudeli,
farmer living near Hanska. He was
Ieclining on top Of a load of hay when
the team is alleged to have. been frig hit.
ened by the exhaust Of steam Of a passing
engine. They were on their way to
pass through the village. The horses
ran away and the boy was thrown from
the wagon suffering sever fracture d.
the leg which later on had to be ampu-1
tated.
HeImuth Dahmer Of Springfield spent