The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1922-09-22
FIGHT OVER FENCE
TAKEN INTOCOURT
DEFENDANT ISACQUITTED
BY JUDGE GOFF
STORY TOLD OF FUSS
Several Witnesses Testify In In
teresting Case From
Vernon Center

"vo two people see dog fight in
the same way, and this holds true
in the case OF conflicts between hu-
man beings"
That was the statement made by
Judge Hiram S. Golf in the munich
pal court at noon today in deciding
the case of Robert Hall against Ro-
bert Flemming, which charged as
sault in the third degree.
The action today grew out of a
dispute August 20, in the township
of Vernon Center, between Charles
Femming and Robert Hall over a
line fence, in which the son. Robert
Flemming, took a hand and struck
Hall. after the latter had apparently
threatened the elder Flemming with
a shovel.
Regarding the Shovel.
According to one of the witnesses,
Mrs. Vernon Markham, saw Mr.
Hall pick up sople rocks and throw
them at the Flemmings, and then
saw Robert Flemming slap Mr.. Hall
on the mouth and knock him down.
William Wier also testified to see
ing Robert F1emming strike Mr..
Hall, but failed to see the com
planning witness WELD shovel as
was testified to by other witnesses.
Mr.. Wier saNd that Robert Elem
ming hit Hall, knocked him down
and then hit him once While he was
down. This was also the state
ment of Henry Dieteman, who was
visiting at the Markham home not
far from the scene of the trouble.
Were Picking Grapes
Charles F1emming, who claims TO
own the land where the line fence
is in dispute, says that he and ms
son and daughter an law had gone
down in the pasture on the date
mentioned to pick wild grapes. They
had not been there long when they
heard Robert Hall coming across
the river using "cuss words. Mr.
Ffemming gent down to invesusate
and he says that Hall threatened
him with shovel. Then me elaer
MT. Flemming stated that his son
Resert took 4 hand in the matter
and slapped Mr.. Hall and told him
n drop the shovel which he was
holding in a threatening manner.
Later he stated that Robert Ffem,,
ming grabbed Halls wrists, ana
forced him to drop two stones ne
had picked up, and made Mr.. Hall
promise that ne Sould be good.
Woman As Peacemaker.
Mrs. Anita F7emming. the wife
of Robert F1emmirg, made a very
good witness. She testihed tnN
she knows nothing of the line renee
An dispute, and when the trouble
started merely acted as peacemaker,
and finally got between the angry
men and stopped the fight, and that
Nrssffaff who had been Using pro-
fame language apoligized to her.
Robert Flemming, the defendant
In the case. said that when he
heard his father and Mr.. Hall jang-
ling over q post which had been The
bone of contention for some tthe
past, he went up and told Mr.. Han
to put down shovel which ne was
holding in a threading manner IN
front OF his father: Al the same tms
he slapped Mr.. Hall and wrencheo
the shovel away from him.
picked Up Rock Is Claim
The witness stated that when
Hall got loose he picked up two
rocks and hurled them at the Elem
ming party. Then Robert F1emming
stated that he again ran In on Hail,
rabbed and held his two wrists I'M
iii he dropped the rocks. When ne
lei Hall loose he said. Il got your
number. and I will get you yet
In finding the defendant not
yuiity. the court said that taking OF
the Law in their own hands will not
be tolerated, and that both parties
had better take the matter OF the
tr1e line between their property into
the district court and have II pro-
perly settled by law. ,x.,,.
County Attorney C.. E.. Philips
.npeared on behalf Of the state and
co. Daily as attorney for the de-
PENDANT