The Mankato free press., 1922-03-24
|SPLETT.TROSKEY
| HEARING STAGED
JUDGE HIRAM GoFF HANDS
OVER HIS DECISION
Several Police Officers Were
Principal Witnesses In Case
Which Involved Liquor; Sug-
gestion BY Defendants Attor-
ney That His Honor Quaff Al
legged Beverage.

Blue flames from alcohol set on
fire by Judge Hiram Goff after he
had poured q sample Of the con-
tents of one of the jugs siezed at
the Troskey Cafe, on the floor of
the rostrum in the courtroom, was
perhaps the most thrilling feature
of the case Of the City of Mankato
against Herman Splett and Edward
lroskey yesterday afternoon. The
attorney faor the defense, John e.
Regan, had stated q moment be-
fore that II had not been proven
that the liquid in the bottles of "ev-
idence" was a beverage, or an in
toxicating LIQUOR. "If the court
will drink q glass of this liquid and
prove that II Is q beverage" said Mr..
Regan, Il will agree to my two
clients paying tine."
The court smiled, picked up one
of the jugs setting on his desk, and
for a moment, those in the court
room held their breaths. thinking
that Judge Goff had called the
bluff" of the attorney for the de-
fense, and was about to Quaff a
glass OF the liquid. Instead, how
ever, he tilted the jug over poured
out a quantity OF the liquid on the
floor of the rostrum. and then call
ed for a match. When the lighaed
match was touched to the liquid
blue flames hared UP, while several
in the audience. in subdued whisp:.,
ers said: That's alcohol all right. "
Its the clear stuff" II, guess that
grippe and l wish the court would
pass around that jug. its too bad to
bum good liquor"
Attorney Regan while the blue
flames were burning themselves
out for a time seemed to be at loss
what to say. but finally made little
Of the burning of the liquor by stat
ing that 1t might have been wood
alcohol or perhaps gasoline.
Moved for Dismissal
At the opening Of the case. and
after the introduction made by City
Attorney c. E. Gilmore, j. E. Regan,
attorney for the defense made a
motion for the dismissal of the case
on the grounds that the 1921 liquor
laws had not been fully followed out
in the seizure of the liquid produced
in evidence, in that an inventory of
the goods sieZed under authority OF
the search warrant, had not later
been furnished the defendants.
Judge Goff said that he would re-
serve a ruling on that point until
today at ten o'clock and mean time
the taking of evidence in the case
would be proceeded with.
City Detective Albert Volk was
the first witness called to the stand
by the city. He testified as to the
raid on the Troskey Cafe on the
evening of February %, and of OBJ
tanning samples OF what is purport-
ed to be intoxicating liquor. These
samples had been taken by him
personally and brought to the police
station where they were sealed and
turned over to the custody of Chief
OF police Landmark. During the
cross examination Of the witness,
Mr.. Regan tried to make it appear
that perhaps. the liquor used In evil
dence In the case against his two
defendents, might have been siezed
in the Tom Clay raid a few hours
.- '.-' ., -
Professor on Stand
State Teachers college, head Of the
department Of chemistry hygiene
and sanitation, testified that he had
been given samples of the liquid
produced in evidence. The con-
tents of a small bottle, had tested
fifty eight per, cent by volumn of
alcohol, and the liquor In the larger
bottle had shown a presentate Of
eight per cent alcohol by volumn.
Mr.. Nichols testified at some length
as to the technical methods used In
arriving at his conslusions.
Officer Peter Wettestad testified
as to going into the Troskey place
on the night OF the raid, and of
getting into a .'mix-up" with Tros
key, who he said, came back at
me, and then / tapped him over the
head with my club-a small tap"
Officer Frank Bienapfl, who was
in the front of the building at the
time, said he heard the scuffle be-
tween officer Wettestad and
Troskey in the back room and went
back to Investigate. He sieZed
arm and placed him un-
der arrest and brought him TO the
police station.
. Chief Landmark testified as to
the sealing OF the bottles of liquor
At the conclusion OF the taking OF
evidence, Judge Goff took the case
under advisement until ten o'clock
today when he was to make cer-
tain rulings. This morning with the
consent OF both sides it was decid-
ed to continue the case until March
% when both the attorney for the
city and defense will submit briefs
a mn authorities on tha case