New Ulm review., 1920-12-29
HAESKA FREED;
SMALL In JAIL
JURY SAYS YOUNG FARMER
- OF NORTH STAR is NOT
GUILTY OF ASSAULT.
CASE AGAINST NEW kULMI TIE
DISMISSED. RE-ARRESTED
LARCENY CHARGE.

Herbert Haeska, the young farme
from North Star township, agains
whom the grand jury had returned
two indictments for assault in tht
third degree with intent to kill Johr
Zimmerman, a neighbor, was de-
clared not guilty by the trial jury il
verdict was arrived at after an hours
deliberation and was returned shortly
before court adjourned Wednesday
evening. The alleged assault which
formed basis for this criminal action
by the state against Haeska was com
mitted on the evening of October 30
The second indictment against the
young farmer charges him with a like
offense against the same complainant
several nights prior to the date men
toned The latter indictment still
stands and this case was continued
until the May term of court, Haeska
being released upon furnishing bail in
the sum of $4,000.
The details of the case were pub
lished in the Review at the time OF
Haeska's arrest few weeks after the
occurrence. Zimmerman had been
fired upon twice while in the barn ON
his fathers farm, but was unable to
find any trace of his assailant. Hae5ka
was suspected and his arrest followed.
Quite an array Of witnesses testified
on both sides and great deal of
testimony presented by the state was
ruled out by Judge 7. NJ. Olsen. All
the evidence gathered by County At
torney w. T. Eckstein and Deputy
Sheriff Herman F. Jahnke was cir
cumstantial.
Dismissed and Re-arrested.
Eugene Small Of this city, indicted
by the grand jury on a charge OF
burglary, was released from the custody
Of the sheriff temporarily, when Coun-
ty Attorney Eckstein moved the court
dismiss the case Small was i'm
mediately re-arrested on a charge Of
larceny and bound over to the grand
jury at the May term Of court He IS
at present confined in the county jail,
but, it is stated, is desirous OF pleading
guilty on an information to be fled
with Judge Olsen by the county at
torney, and receiving sentence. It
will be remembered that Small was
arrested in Denver, Colo, short
time ago, at the request of the sheriff's
office here, and Deputy Sheriff Jahnke
went thither to bring him back to
New Ulm. He is accused of entering
rooms in the B. Marschner building on
South Minnesota street, IN which
Mr.. and Mrs. August Marschner had
their household goods stored, and ap-
propriating number of war relics and
other articles belonging to August
MaEschner.
Adjourned Thursday Morning
Court was adjourned Thursday
morning, after Judge Olsen had an
nounced that there were no more jury
cases ready for trial, The session will
be resumed probably in February,
when Judge Albert Johnson of Red
Wing will preside at the trial of several
jury cases. 1t is possible that a num-
ber of other cases that have been con-
tinued will come up for disposition at
that time. Proceedings in the court
cases will commence after February 2l.
DAMAGES Awarded
The last jury case to be tried before
adjournment was the action brought
by the village Of Evan against William
H. Barrett and others. The issue in
this case was the amount Of damages
demanded by the defendants for Ger
tain parcels of land that had been con-
demned by the village authorities for
road purposes. They had been award
ed damages in the sum Of $500, with
the provision that 5000 would be added
thereto in case the old road were to be
abandoned and vacated. The trial
commenced last Tuesday afternoon
and continued all day Wednesday,
the jury bringing in verdict Thurs
day morning, awarding the defendants
$500 as damages
Gruber Case Dismissed.
The action brought By Frank
Cruber, a former local saloonkeepef,
against the city Of New Ulm to re-
cover. part OF the liquor license money
which he had paid to the city prior
to the advent OF prohibitions, was dis
missed upon motion Of City Attorney
Albert Pfaender, Thursday morning.