New Ulm review., 1922-09-13
that Hogen walked IN: there ahead Of
him.
Il Upbraided ia, For Decision.

that that Hogen walked IN there ahead Of
him.
Upbrsided For Decision.
Justice Hogen testified that Major
Pfaender at once upbraided him sharp
|ly for his decision in binding Bartl
over. Major Pfaender denies this and
says that he spoke to him about the
sureties on Bartl's bond. County At
torney Eckstein brought out in the
cross examination Of Pfaender that the
sureties. he claims to have had in
mind were not secured after all and
that no attempt to do 50 was made.
Pfaender, explained that after the
"episodet' with Hogen in the room, he
just hurried the matter and. got the
bond signed up quickly without being
SO particular. Both Hogen and Pfaend-
der agreed that words passed swiftly
between the, two when they were all
alone in the committee room. Pfaend-
er claims that Hogen was the aggressor
in the verbal battle and ran him down
with q flow Of language, accusing
T Pfaender with being part of the
dirty gang that is trying to run this
town, and that he was getting lower
and lower every day. Pfaender also
claims that Hogen said he was getting
lower than the lowest criminal. This
Hogen denies. But he says that he
did upbraid Pfaender, who is city at
torney, for always butting in and de-
Tending people who are brought up by
tn county authorities for violating the
law, in this way obstructing the work
of the county authorities in trying to
enforce the law.
5 Hit Hogen On Chin.
After the conversation became warm
enough, Major Pfaender hit Hogen on
the chin This part Of the testimony,
both Pfaender and Hogen agreed on
absolutely. But Pfaender claimed that
Hogen had his hands as high as his
head and he didn't know but what
Hogen would strike. He also said in
his argument, however, that he would
have struck Hogen whether his hands
had been up or not because he
wouldn't stand for the language used.
Hogen denies that his hands were up
at all. Hogen also says that Pfaender
hit him twice in the back Of the neck
when he Hogenl walked away
Pfaender denies this, but says he
followed his right on the chin with a
left on the side Of the neck. On the
stand, Justice Hogen, when asked how
he felt physically after Pfaender had
hit him, said: Il felt ] was strong
enough to lick him, but I decided to be
a man and walked away
Justice Hogen, Emil Hage and John
Mueller, Jr., all testified that after the
fracas> in the committee room, Hogen
came into the court room and that
later Pfaender came in. After some
conversation, Pfaender said: There
are some eases that can be settled in
no. other way than by the fist OF
words to that effect. This was not
denied by Pfaender.
Justification Sought. IS.
Major Pfaender claimed justifca-
tion for his act on the grounds OF
physical sef-defense and defense Of
his self respect. County Attorney
Eckstein asked him as. a lawyer Of 22
years experience to point out to the
jury that part Of the law which allows
a man to .tpummeP' anybody because
Of abusive language. Major Pfaender
objected to the question and the
justice sustained the objection.
Major Pfaender testified that he had
tried severa ] times since to patch the
matter up with Hogen; that he had
offered to apologize publicly if Hogen
would withdraw his language, but that
Hogen refused and that he was forced
into court. s,!s .z.. 4.
Arrested Wednesday Evening.
Justice Hogen had Major Pfaendel
placed under arrest last Wednesday
evening, the warrant issuing from
Justice Henningsen's court. At The
request of the. defendant, an adjourn.
|ment was taken till last Monday
morning. When the case was calico
at 10 o'clock, Major Pfaender entered
4 plea Of mot guilty and asked for !
jury trial. Court was then adjourned
till j o'clock in the afternoon and The
trial was held in the justice court
room in the municipal building. Majol
Pfaender was his own only witness
Hogen, Hage and Mueller testifyint
for the state. County Attorney Eek
stein handled the case for the state ane
Major Pfaender was his own attorney
.ts The Twelve Unpires.
III. IBacker Harry Bingham
III. w Dietz /. 81 q Paul Hack kbarth
Elmer Haeberle Henry Field
Julius Krause John. II. Langmack.
Hugo Schleuder John Siebenb nbrunnel
Motto Wichfol Pnfnr II itzhornor f