The Bismarck tribune., 1928-12-06
BRAIN EFFECT
OF STAKE BLOW
AT MELEE TOLD
Witness Says Ticket-Selling
'Irishman' Struck klett's
Jaw
WRESTLER WELDED POLE
Two Surgeons Give Profess
si0nal Testimony in $4,000
Damage Suit
WRESTLER WELDED POLE

Damage Suit
The story of a fight within fight
was told to federal court, this morn
ing, when the trial of the $4,000
damage suit Of Albert Klett. Medina
merchant, against George Engesser,
owner of the Zellmar Brothers cir
Gus, was resumed. A. E. "Bert"
Carter told the tale of the second
fight. He was witness, but it de-
veloped that he also has q suit pend
ing against the circus, his case be-
ing in state court. Wednesday
afternoon developed testimony as to
the effect of the circus stake blow
on klett's skull and brain, DR.. w.
w. Wood, Jamestown, testifying.
Carter said he went to the aid of
klett when he saw him attacked by
four or five men. He said he saw
Z. K. Harding, the manager, bring q
tlcket-selling "Irishman" over to the
scene of the argument over compli-
mentary passes, and the "Irishman"
landed a wallop on Klett's jaw. He
got the fight stopped, testified
Carter, then the circus people re-
newed it and one attache came up
behind Klett and knocked him out
with tent stake. Eight to ten
other circus people Joined in with
sticks, one with a pole five or six
feet long, said Carter. The witness
said he ran after the man who had
hit klett, and when he caught him
at the light plant. "beRan handling
him q bit"
Then, said Carter, "Tiger" McCue,
the wrestler, came up and struck him
with tent pole, but his woolen cap
spared him q bit.
Got Two Cracks !.
Il got two cracks" said Carter,
"and it was my turn to move. I
pulled out and McCue threw the pole
after me and struck me in the legs.
Then the Irishman reappeared with
something that looked like the rear
axle Of Ford, and I ran agar" /"
Carter said Manager Harding that
evening told him and Deputy Sheriff
Mason that the man who had struck
klett down was writer, but not
connected with the circus.
Other witnesses this morning were
DR.. G. B. Todd, Of Medina, who testi-
fled to dressing Klett's wound and
to the same general conditions de-
scribed by DR.. w. w. Wood Wednes-
day; Mrs. H. R. Geiseke, who said
she saw the man at the circus en-
trance with q whistle and heard him
call the circus people to "Come ON;
and Mrs. Charles Peterson, who testi-
fled to seeing medium weight tall
man come from behind the ticket
wagon and strike Klett with stake.
The blow Of tent stake was def
inite!y asserted to have been the
cause Of putting Albert Klett, Me-
dina merchant, in the hospital at
jamestown after a melee at the
Zellmar circus exhibition, June 13,
last, according to testimony given
at Wednesday afternoons session Of
federal court, in the $4,000 suit
brought by Klett against George
'Engesser, the show owner.
Youth Testifies
William Bollinger, one of the
youths who assisted Klett from the
circus grounds, gave the testimony
ps to the blow of the stake. He
Gould not describe the man who came
up behind Klett, it is alleged, and
batted him over the head.
Bollinger testified that he watched
C. r. Harding, the show manager,
who had q cane and was gesticulat-
ing-he couldn't tell whether he was
trying to wave back the group fight
ing with Klett or had assault in
tentions. He said Harding went into
the show tent and that there was
whistle, after which show people
came running out or slipped out
under the canvas. That they were
show people he knew from their
makeup. They were painted and,
he said, he recalled some in tights,
but how many he couldn't remember.
After Klett was knocked down
and out, he said. he and another
youth went to the merchant and
assisted him to his feet and led him
to his car. Klett he said, was OBJ
streperous and didn't want to be
helped-a natural reaction for q man
beaten over the head, DR.. w. w.
Wood, Of jamestown, testified later
in the afternoon in an interim in
0OII1u&eI teStluOuy.
DR.. Wood Testifies
DR.. Wood testified he attended
klett 1t the Jamestown clinic after
DR.. Torgeson sewed up the cash Of
two to two and q half inches in
Klett's scalp. Klett was unconscious
and resistive, doing the contrary
thing to that desired. That and the
fact that he had driven his own car
from the circus grounds were natural
reactions. the physician said. That
he became unconscious subsequently
ct the hospital was, DR.. Wood testi-
fled, due to = slow hemorrhage de-
veloping. There was possibility Of
inner injury to the skull from the
blow and, possibly, also injury Of
the brain tissue, forming scar It's
sue, the doctor said. which would
explain the symptoms that remain.
The paralysis Of the right eye and
side Of the face and Of the left arm
and lex which existed when Klett
was in the hospital passed away
after treatment there.
The doctor said Klett's other a.
serted symptoms Of persisting in
CONTINUED on page fifteen)