The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1920-07-02
Exciting Fist Fight; Police
Court Next Scene
BRUISES THE EVIDENCE
Or. w. w. Eberhart and Judge
Evan Hughes Participate
In This Battle

Dempsey, ct al had better look to
their laurels. There's ring talent in
Mankato. The exciting fstlc exhibit
ton was pulled off last evening. No
referee, no time keevers, no battle
holders or attendants. However, the
audience was made of small boys
who appeared to enjoy the fun. One
of the Riddles" said: "One of the
fellows knocked the other fellow
down and walked on him."
The saying that "a little child shall
lead them" seems to have taken on
new version in the case of little
Walter Warren Eberhart, the four
year old son Of DR.. w. w. Eberhart
and wife. The great love of the ia
Their for his boy, and the equal af-
lection Of the mother who is separ-
ated from her husband, has led to
many legal complications in the
courts the past few months as to the
custody OF the child. AS result of
these proceedings, fist fight occur
red last evening about five
Judge Evan Hughes of the probate
court near the corner Of Baker ave-
nue. and Blue Earth street.
According to the statement Of
Judge Evan Hughes, he was on his
way home from the probate office at
the court house, and stepped off the
street car near his home. Just as
he was about to turn up the steps to
his residence which sets at a consid-
cradle height above the street, he
saw DR.. w. w. Eberhart approaching
in his automobile. Judge Hughes al
leges that DR.. Eberhart called to him
the judge. Judge Hughes says that
he stepped back near the Eberhart
car, and just as he did so DR.. Eber-
hart jumped out Of the car and strucl;
him q blow on the face which dazed
him, and he went to the mat for the
full count. Judge Hughes says that
no prize ring rules were used, for DR.
Eberhart sat on him and continued to
pound him until some small boys
came along, when the irate father de-
sisted. Judge Hughes in a statement
to Free Press reported admitted
that DR.. Eberhart has a mighty punch
with his powerful right that no ordi-
man can stand UP in front Of
and he advised The Free Press man
to take the doctor on for a round Oh
two if he did not believe it.
/ What Eberhart Said.
Oh. Eberhart in his statement this
morning says that Judge Hughes
struck the first blow, before the doc
tor ever got out of hts car. He also
denies sitting on the Judge" and
says that he did not use his fists but
merely slapped Judge Hughes re-
1 wtn his bso open rst hand ate,
a light first blood. DR.. Eberhart
that while slapping the Judge
he accused him of taking away the
custody of his boy by proceedings II
| the probate court, after Judge Com
stock Of the district court had award
ed him the Gus tody of his boy for ST,
months in each year. After makin5
this accusation. DR.. Eberhart alleged
that Judge Hughes "hollored enough,
and said that he would apologize. Ii
the scuffle Dr.. Eberhart says tina,
both men had fallen to the ground
but when the Judge admitted that he
was licked" Eberhart got up and
took Judge Hughes by both arms and
helped him to his feet, and Their
picked up some papers Judge Hughes
had dropped during the fight anG
handed them back to him. DR.. Eber.
hart says that he then got into his
gar, and alleges that Judge Hughes
hs soon as he got in on his own lawn
shook his fist at the doctor, and said
you will pay for this"
Eberhart Is Arrested.
Later in the evening DR.. Eberhar1
says that he was arrested and an
peared at the police station where be
put up a cash bond Of 800 for his
appearance this forenoon at ter
o'clock on the charge of assault In
the. third degree, as referred by
Judge Hughes.
In explanation Of the elimination
Of the trouble last evening, 1t Nigh,
be we'll to state that DR.. w. w. Eber.
hart and his wife were separated by
divorce proceedings in the district
| court before Judge w. L. Comstocb
In December, 1919. In that decision
Judge Comstock granted the custody
Of the boy. Walter Warren Eberhart
mother, from December to MAY OF
each year, and to the father from
May until December Of each year. In
April, 1920, the mother appealed tc
the supreme court and filed a super.
seades bond approved by the court
and staying all proceedings in the
district court until the determination
or the case by the supreme court be
fore which the case is now pending
On May 1, DR.. W. W. Eberhart wen,
to the home of Mrs. Eberhart, and
asked permission to take the child
out for walk. 1t is alleged that he
suddenly disappeared with the child
and took him to his home, and re-
fused the mother to see the boy O,
take him back. Mrs. Eberhart ther
through her attorney, C. J. Laurisch
sued out writ Of habaes corpus, be
fore Judge Evan Hughes in the pro-
bate court, who has the authority tc
| issue such writs and determine the
legality of custody Of chRsren. Aft.
er a full hearing in the probate court
Judge Evan Hughes awarded the
custody Of the boy to his mother or
or about May Is. That order wal
never appealed from by Dr. Eberhart
and ever since that time the mother
has had the custody Of the child.
Dr. Eberhart was arraigned at ten
o'clock this morning before Judge II
S. Golf in the municipal court ON tn,
charge Of assault in the third degree
Through his attorney, ]. w. Schmitt
he entered a plea of not guilty, ant
| his case was continued until Juu0 3,