The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1921-05-13
leSueur Centerite Brought
Into U. S. Court
WAS IGNORANT OF LAW
Shot Woodpecker: Judge w. F..
Booth Dismissed Alleged
MoonShine Action

Qay allSTuOOH Competed lHSlT ldDolS
after returning several indictments
against defendants charged with the
violation of the Volstead act, and
were excused from further service at
this term OF court after receiving the
thanks OF Judge Wilbur F. Booth for
the prompt and efficient manner in
which they disposed to the matters
brought before them. One OF the in
dictments entirely out of the ordinary
was that brought against Wence
Smisek Of lie Sueur Center, who was
sentenced by Judge Booth to pay a
fine OF So for the killing Of wood
pecker. This offense comes under the
national migratory bird law, which
protects insect eating birds in all
seasons. Mr.. Smisek frankly admit
ted that he had shot the bird, and did
not know of the existence OF the law
at the time.
The civil case of Edward Spielman
against DR.. Ludwig Sogge of Window,
who was charged in the complaint
with malpractice in the setting OF a
bone in the left leg of the defendant
went to pieces and the plaintiffs at
torneys about the middle of the trial
threw up the sponge and. asked for
gus Cameron OF Rochester, who had
been called as an expert witness in
the case by the plaintiff. before being
asked to take the stand in a whisper
ed conversation informed the attor-
neys for the plaintiff, that after hear
ing the evidence given by DR.. Sogge
and the plaintiff in the case, he would
have to conscientiously testify that
Dr. Sogge had used all possible pre-
in, ~ tho ploinfif ruhila
under his care.
Injured In 1919.
Some time during the year 1919
Edward Spielman while working on
a barn roof about fifteen miles from
Window, fell and broke his left leg.
The break was so serious that the
large bone of the leg protruded
through the flesh and stuck into the
ground about three inches, and also
tore a jagged hole in the flesh of the
side of the leg. Testimony showed
that DR.. Sogge was called from Win
dom gave first aid out on the farm
where the accident occurred, and sub
seQuently used every means known
to the medical profession TO care for
the limb. Owing to the serious ma
ture OF the break there was short
ening of the limb of about two inches,
and the ankle of the left foot is stih,
and the plaintiff is now required to
walk with the aid Of crutch and a
cane.
The defense called in an array of
medical experts including, DR.. 3.
Rayn and DR.. J. II. Dudley of Win
dom. DIR. j. Rose of Lakefeld, and
Doctors Henderson and Chambers of
Rochester, and DR.. A. F. Schmitt of
this city. Owing TO the fact that the
case was dismissed, none of those
professional men were called to the
stand. Regan and Grogan Of this city,
and NJ. L. Glover of Elkton S. D., ap-
peared as attorneys for the plaintiff
and ATTORNEY L. n. Finstead of Win
dom and Attorney S. B. Wilson of this
city appeared as attorneys for DR..
Sogge.
Case Was Continued
At the opening of court this morn
ing it was announced that the civil
case of Joseph r. Sivory as father
of Robert Sivory, minor against
railway, was continued by consent
of both parties to the next term of
the United States court in this
The case of the Lockhart Lana
and Loan Company against NJ. B.
Burk, which is brought to recover
$4,000 on commission Of sale OF
lduO VIII Tic ACAI SIN1I SoOO "
Gilbert Burt and Emerin Roll OF
this city, indicted by the federal
grand jury on the charge Of moon
shining, each pleaded guilty to the
charge this morning before Judge
Booth and were sentenced to pay
fines of 500 each.
Ivanhoe, H. n. Somsen of New Ul,D
and H. w. Volk of this city appear
ed before the court this morning
and took practically all OF the fore
noon in arguing motions for the
quashing of indictments against de-
PENDANTS charged with the violation
of the Volstead act, Attorney John
Guza, and cited evidence to sh...
that the manner OF obtaining evil
dence against the defendant was
Illegally done in that a search war
rant had not been first obtained.
The result was that the case against
Mr.. GuZa was nolled.
An Unusual Case
The most interesting case Of the
morning was that of the United
States of America against Alonza
Nygaard of Candy, and against his
Oldsmobile automobile. 1t was
brought out in the evidence that
the evidence against this defendant
was illegally obtained and no search
warrant had first been obtained for
the search of his car, which was
broken into by the chief of police
of Madison, Mimi, while it was
standing on the streets of that city.
Joseph Olmstead, chief of police of
Madison, was called to the stand
and admitted to the court that he
had not first obtained a search
warrant, but had drawn his revolver
and placing the weapon near the
to search Mr.. Nygaard's car. A
head of the defendant had instructed
a deputy sheriff accompanying him
locked receptical on the back of the
machine was broken into and forty
two quarts of liquor sliced and
the defendant and William BoulKo,
another resident OF Candy, thrown
into Jail. 1t was brought out in the
evidence that later the automobile
was seized by the federal authori-
ties together with the booze. Judge
Booth after hearing the motion or
dered the indictment Quashed and
the action dismissed, on the grounds
that the manner of obtaining and
seizing the evidence without the use
of a properly executed search war