The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1920-05-14
DEFENSE GIVES VERSION
TELLS ITS SIDE OF STORY
- ABOUT MIR. MILLER
Witnesses Declare That No
Rough Stuff Was Pulled
On Plaintiff

s. B. Duea, Henry McKeon, barney
Mooney and John Gray of Pipestone
in the 100000 damage suit was be-
ing rapidly brought to a close this
afternoon In the federal, and the at
torneys were in hopes that the case
would go to the jury some time late
this evening.
Yesterday afternoon Sheriff Shep-
herd of fipestone county occupied
the witness stand for considerable
length of time on behalf OF the de-
tense. Sheriff Shepherd stated that
he had served five notices on May Is,
1918, on residents of that county to
come in and report to the county Lib
erty loan committee as to their quo
tas OF bonds. Among the five served
with such notice was Mr.. Miller.
conversation with the plaintiff, Mr..
Miller had told him that all ne hao
done in the way OF aiding war activi-
ties was to give sack Of potatoes TO
the Red Cross and take out $50
Liberty loan.
Remark BY Mr.. Robinson.
Asked if he had heard the remark:
IF you do not subscribe for Liberty
bonds we will not be responsible for
the court house." Sheriff Shepherd
said that he heard no such remark on
the part of the members of the Lib
erty loan committee, but did admit
that ]. II. Robinson remarked to Mr..
Miller that he and that gentlemen
were the oldest men in the room
Robinson said that he had a boy in
the service. and wanted to know II
Miller would not reconsider and do
something to aid in the war: When
Mr.. Miller refused, Sheriff Shepherd
says that Robinson walked up to
Miller and shaking his fist in his
face said: '.Doggone your measley
hide anyway"
Sheriff Shepherd said that he heard
some remark about disposing of Mil
ler's house in Ruthton, but heard no.
thing about selling the Miller farm
and turning the proceeds into Liberty
bonds After the meeting Sheriff
Shepherd went home and did not
hear of the painting of Miller until
next morning. The sheriff says that
at no time did he place Miller under
arrest: he merely served him with g
notice to come in and report to the
county committee.
Lesueur And Butler cIashed.
In a clash between Attorney Butler fol
the plaintiff. Attorney LeSueur said thai
he wished IL to be strictly understood
: shatr he In. no way. connected the sherif
With he conspiracy charged nr n
The witness stated that after tn
meeting in the court house at Pipeston
he asked Mr.. Miller If he wished 10 b
replied that he was afraid to go home
because someone had painted his bar
and fence yellow sometime previous, an
he thought that he himself might com
to bodily harm at the hands of his ow
townspeople. Miller had told him tina
someone in is home town of Ruthton ha
painted his house yellow before he ha
time to take out Liberty bonds. and thi
made him ugly and stubborn.
The Sheriff Interfered.
Becoming vexed at Miller's refusal t
subscribe, Mr.. Robinson. according t
the statement of Sheriff Shepherd, step
ped up to Miller. and shook his fist in hi
face. Someone said something about no
striking Miller while he had his glasse
on: Mr.. Mckeon stepped up to Miller an
the sheriff fnterfered. and stated tina
he was an old man, and that IL per
suasion would not induce Mr.. Miller
aid his country, violence would not b
Barney Mooney. one Of the defendant
In the case, was the next witness Gale
to the stand. He stated that he is
real estate man. living in Woodstock: an
present at a meeting Of the Pipeston
county Liberty loan committee. He de
MED most Of the allegations Of Mr.. Nil
Leavenworth. and threats Of violenc
after he left the court house II he di
not buy bonds. Mr.. Mooney did admi
house. where the committee failed
induce Miller to take any bonds. he ha
pointed Miller out as Stacker. Afte
Miller had gone to the depot. Moone
admitted that ne had again pointed Mi
Ter out to the crowd as a man VIII
would not aid the government in tn
progress Of the war. Mr.. Mooney de
MED that either he or Mr.. Mckeon ha
was about to board the same for h
home at Ruthton. Mooney said that
was some large man called Olaf ths
grabbed Miller. and forced him into tn
tack up town with Miller in the bac
neat of his car. Mooney stopped at tn
Calumet hotel and went inside. A fe
moments later looking out through or
of the windows he saw some one paint
Ing Miller, but could not swear who
was. Mooney Said that he had no malie
or i'll will against Miller with the es
take out Liberty bonds. In pointin
Miller out as a Stacker, Mooney did nc
think he called Miller a kaiserite or
Hun, but he might have called hir
Session Held Last Evening.
At a night session Of the court whic
convened about seven o'clock, Henr
MckeOn, announcer Oh the OcltfkudHfS, wa
called to the stand. John Gray, also
defendant in the case was called late
Both gentlemen testified along the line
of Mr.. Mooney.
G.. B. Johnson of Ruthton, Liberty loa
chairman Of that village, was called
the stand to testify as to Mr.. Miller
LOYALTY. He testified in substance tina
Miller had refused to take out his quot
Of bonds. and he had reported the mat
ter to the county committee.
Rev. Ellis of the Methodist church {
Ruthton was called to the stand thi
morning at the opening OF the case I
testify as to Miller's refusal to aid |
war activities Rev. Ellis alleged tina
Miller had remarked in his hearing tina
.he did not think that he owed thi
country anything. for he was no paupe
when he come over here"
NeIs Hanson of Ruthton, who live
inst across the street from Miller, test
Sed that after Miller's fence and hous
lad been painted yellow he had re
marked: That Is nothing to be asham
Both the plaintiff and the defens
rested their sides Of the case at 11:3
This forenoon, when an adjournment wa
taken until two o'clock, when the closin
arguments of the case were taken u
before Judge Booth. The attorneys
the action stated at noon today ths
fhey thought the case would go to tn
Jury late this afternoon.