The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1921-06-08
Five SChei Cases
Dismissed by Court
OPINION RENDERED BY JUDGE
ALBERT JOHNSON DIsMISSES
FOUR ACTIONS.
Demurrer Sustained.
PFAENDER GAINS NOTHING BY
TRYING TO GET EVEN" WITH
EDITOR OF LAMBERTON STAR.

TRYING To "GEI EVEN WITH
EDITOR OF LAMBERTON STAR.
The four Schei cases, appealed from
justice court have been dismissed and
demurrer interposed to the indict-
ment, returned by the late grand jury
against the Lamberton editor, has been
sustained by Judge I. M. Olsen.
Thus the five cases have gone to pot
and the great flash in the pan, which
caused the sheriff's deputy to travel to
and fro to Lamberton every day or so
for time, has resulted in nothing
but an added expense to the taxpayers
of Brown county.
Judge Olsen Sustains Demurrer.
It will be remembered that an in
dictment, charging w. E. Schei, pub
Usher of the Lamberton Star, with
criminal libel, was returned by the
grand jury. The basis of the indict-
ment was an article re-published in
the Lamberton paper from the Dassel
Dispatch. The words in the charge
were "Albert Pfaender, the debarred
attorney of New Ulm." A demurrer
q was interposed to the indictment, on
the grounds that no criminal libel was
shown therein. The matter was ar
gued before Judge Olsen, who took it
under advisement and rendered his
opinion Tuesday afternoon.
Demurrer Sustained.
The opinion is as follows: "This is
a demurrer by the defendant to the
Indictment in this case on the ground
tha. such Indictment does not state
facts sufficient to constitute public
offense.
''The demurrer was duly heard and
argued before the court on the 10Th
day of May, 1921. Mr.. w. T. Eckstein
appeared as attorney for the state and
Messrs. James H. Hall and A. R. Eng
lish appeared as attorneys for the
defendant.
'.Now after due consideration of
said demurrer and Indictment and
hearing the arguments of counsel for
the parties; it is ordered that the de-
murrer of the defendant to the indict-
ment in this case, on the ground that
said Indictment does not state facts
sufficient to constitute public Of
fease, be and the same hereby is sus-
tanned"
A memorandum, as follows, is ap-
pended to the opinion: Without ex-
planation or averment as to what was
meant or understood by the words as
used or any allegation as to the cir
cumstances or connection in which
the language charged was used, the
meaning and application of the alleged
libelous words remains in doubt and
the Indictment fails to state with any
degree of certainly what the charge
is"
Four Cases Out.
Judge Albert Johnson of Red Wing,
before whom motions were made for
dismissing the four Schei cases, ap-
pealed from justice courts, in Brown
county. has ordered the said cases
dismissed.
1T is remembered that Schei was
arrested four times and brought to
New Ulm by officers of the law. He
spent one night in Jail. Three of the
eases were tried in New Ulm before
Justice N. Henningsen, after change
of venue was taken from Justice Geo.
Hogen's court. The fourth case was
tried before Justice w. J. Strate in
Searles. The defendant was found
guilty Of criminal libel in each case,
and fined by the trial justice. An ap-
peal ws5 taken in all four cases to
the district court.
Motions to Dismiss.
Motions to dismiss all four cases
were made before Judge johnson, in
chambers, during the present term OF
the district court. In the three New
ITlnn cases it was held that the justice
had no jurisdiction; that the trial
Justice was disqualified because he had
filed no bond and further that the JUS
~ tice took the cases under advisement
sss,efore rendering his findings. In the
Sa.rraes case it. was argued that the
couIt had no jurisdiction.
Judge johnson in ordering the cases
dismissed appends to this order note
explaining the reasons for dismissing
the actions. This note is interesting
and fully clarifies the order of the
court. 1t is as follows:
ssConceding that under such rulings
as are made by the supreme court in
state VS.. McMartin, AZ Minn., 80, that
the justice Of the peace, who hearc
fh:s case was acting as a justice de-
facto and that his official acts are
valid, whether he filed bond and oath
as required by statute or not, and con-
ceding that a criminal prosecution fol
libel may be instituted in any juris.
diction, where the libelous article was
published or circulated, under authori
ties. which may be found in note tt
State VS.. Huston, Ann. Cas-, 382
the court is of the opinion that the
Judgment of the justice Of the peace II
4 4k;s easp is a nullitv rendered with.
ont jnrisdiction of the subject matter
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