The Mankato free press., 1923-11-02

person. he said that he old not sell
wniskey, nor did he make it NE did
ADMIT, A.owever tuat there WIS., beer
masn in the cellar and that the
family made home brew beer for
tner own consumption.
Young man Mumbled
When asked by the United States
attorney In regard to the bottles
found in the garden in sacks by
FEDERAL Agent Peterson, Frank
Wegge said that he knew they were
there. Asked to explain why he had
So many bottles on the place, the
young man mumbled for while in
an unintelligible manner and finally
said that he had been gathering
bottles from other people to sell.
Asked where he had purchased
them, he said he did not remember.
AS much as twenty questions were
asked Of the young man by the
prosecuting attorney, but the wit
ness professed ignorance of them.
Finally J. J. Morarity, the defend
ants own attorney, asked, What
month is this?" after apparently
considerable mental effort on the
part of the defendant. he answered
October" -.
what day Of the month is it,"
asked Mr.. Morarity.
"Your honor object to this ques-
tion, for it has no bearing on the
case," interjected United States At
torney Kelsey.
The court smiles, and Mr.. Morar-
ity said: Some of them do not even
know the day Of the week or the
month"
An adjournment was taken at
this point until 1880 last evening
and at that hour another adjourn
ment until $3.50 this morning.
At the opening Of court this
morning at $3.50 Michael Wegge,
another of the defendants In the
case, was called to the stand by the
defense. The defendant denied that
he had ever met or sold whiskey TO
Federal Agent Tetzell or had ever
manufactured or sold intoxicants in
any form on his farm in LIE Sueur
county. ...,
During the testimony, the witness
testified that he was not at home
on July 81, 1923.
"How do you know that this was
July 21?" asked United States At
torney Kelsey.
p II guess remember that day all
right, for / had the toothache and
had to go to LIE Sueur to have a
toot pulled" said the witness as he
grimaced as if the tooth still hurt
him.
He had no knowledge of how the
pint bottle Of whiskey came to be
in the pantry of his residence. Ask
ed as to whom the beer mash and
homebrew beer belonged, Mike
Wegge said that he guessed it might
belong to the hired man or his son
Frank. He, did not think that the
beer had much Of kick in it, per-
haps as strong as near beer and no
more. Three years before that he
had been in the habit OF making
home brew beer, but after being ar
rested three years ago by a federal
officer on the charge of having a
still on his place he had quit the
making Of beer Later the defend
ant admitted that he was found
guilty in the district court of LIE
tence in the district court of LIE
Sueur county, the defendant was
required to pay a revenue tax of
800 for having in possession the
still in question. The United States
attorney took considerable time to
try to show that following the s1OO
tax penalty the defendant in order
to dodge further payment had
transferred his farm to his son.
Mr.. Wegge said that he is merely
renting his farm to his son. e'+@o
Why Bottles Were Left There
The several sacks of bottles
found in his garden, Mr.. Wegge
said had been there for over three
years. or since the time the still was
found on his place. H...s~.
At this point in the case the de-
'ondant rested, and the closing ar
euments of both the attorney for
the defense and the government
followed. -. g..
Judge Wilbur F. Booth after a
brief summing up of the case turn
ed it over to the jury at 11:30 this
forenoon.
Immediately following this the
drawing Of a jury in the case of
Hugo L. Houck of Waterville,
charged with the possession and
sale of intoxicants; was begun.
Through their attorney C. J.
Larrisch Of this citv. Oscar Frevde-
land and Anton Amondson of AL
bert Lea charged with violation of
the migratory bird act. had their
cases continued until next term of
corrt.
The members OF the grand Jury
com Dleted their lahors yasto"5""
"ftnrron after returning one secret
Indictment After thanking the iur-
ors for their pronnpt action. Judge
Rooth dismissed them from further
service at this term of court n