The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1923-02-09
TRIAL IN POLICE
COURT IS P[PPY
State Versus DR.. E. H. Nerb-
ovig Up For Hearing
THRILL IS ADDED
Cash Paid To Get Witness On
Stand; Hold Over
Action

Thrills and spice were not lacking
in the case Of the State of Mime
esota against DR.. G. II. Nerbovig,
which went to trial yesterday before
Judge Hiram S. Golf in the munich
pal court. 1t will be remembered
that DR.. Nerbovig on the eighteenth
OF January while driving TO his
home up Marshall street collided
with a street car and latter was de-
rallied. Subsequently DR.. Nerbovig
was arrested for speeding, but en-
tered a plea of not guilty. On the
day of the accident, Adolph Mueller,
local manager of the Nankato Elec-
trio Traction company had A. NJ.
krause, a north Front street photo
grapher take a number of pictures
of the wrecked car and the sur
roundings. In yesterdays trial OF the
case, the attorney for the defendant,
c. J. Laurisch asked that neither the
negatives or prints Of the photo
graphs taken be produced in court.
Mr. Mueller said that they were his
private property and he would not
produce them. Photographer Krause
was supoenaed. but failed to re-
spond TO the court summons. Then
a bench warrant was issued for him,
and he came posthaste into court.
The final outcome Of that phase of
the proceedings was that the court
gave Mr.. Krause twenty four hours
TO produce either the negatives or
prints of them in court.
The second thrill of the case came
when the attorney for the defense
asked Manager Mueller to take the
stand l refuse TO take the stand,
because | have not been subpoenaed
in the proper manner"
IF the attorney turns over to you
the proper fees as a witness" said
Judge Golf, Il am inclined to think
that you will have to take the wit
ness stand"
Let him dig up the money" said
Mr>Mueller. Il don't do business on
the credit plan"
"Ch | don't know" said Mr..
Laurisch. Il always pay my bills
and | guess if the witness will take
the stand that the SLIP will be
forthcoming"
money" said Mr.. Mueller"
-as+&f Fished Out. The Money
The attorney for the defense fish
ed two paper dollars, but found that
one of them was torn. II won't give
you that, for you might kickS, said
Mr. Laurisch, and then he dug UP a
dime and two copper pennies and
handed them over TO Mr.. Mueller.
At the opening of the case Mrs.
George Wagner and Mr.. and Mrs. A.
W. Strickland testified that DIR. Ner-
hOvig was running at least twenty
five miles an hour when he collided
with the street car. Mrs. J. T. John
= said that she happened to be look
ing out of the window and it ap-
reared 10 her that the defendants
car was stalled on the street car
track and a second later the COLI
lion occurred Then the automobile
iunged at an angle and went down
between the John home and the
stopped after it had collided with a
lumber pile.
{. r. John. a civil engineer, had
made a plan of the scene of the &C
Cident He testified as to the grade
cf the Marshall street hill He had
ed the grade of the hill at noon
Yesterday running thirty miles an
hour with an auto and was able to
stop in thirty five feet.
Defendant On Stand.
DR.. c. H. Nerbovig. the defendant
in the case, next took the stand. He
testified that he probably was run
nlng at from ~ 10 ~ miles an nour
between Van Brunt street and near
the top of the raise on Pleasant
street and then he slowed down and
looked TO see if street car was ap-
preaching He did not see one, but
an instant later was struck by the
street car and his car was thrown at
an angle away from the street car
tracks and finally down between the
John and F1emming residences
where he ended up against lumber
pile.
Traffic Officer Henry Kachelmyer
testified as to the tracks left by the
automobile and to the position of
the street car, when he arrived on
the scene
Toward the close OF the case the
fender of the street car was intro
duced in evidence as plaintiffs ex-
hibit one. The plat made by En-
gineer J. T. John was introduced
earlier in the trial as defendants
exhibit number one.
A continuance until two o'clock
this afternoon was taken in order to
give Photographer A. NJ. Krause
time to make prints of the negatives
taken.
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