The Sauk Centre herald. (Sauk Centre, Stearns County, Minn.) 1886-current, 1929-10-24
MRS. ROSENBERCER
WANTSC CITY TOPAY
Industrial Commission Held
Hearing at Community
Club Rooms
MAXIMUM OF $7,5OO.OO
Definite Time of Death, I'M
pOrtant; Not Determined
Gun Missing

Wednesday forenoon the Mime
sofa Industrial Commission repre-
sented by p. G. Reynolds, referee,
E. F. Jacobson ana !. Hardness, at
torneys, and r. J. Lecscher, re-
porter, conducted a hearing at the
Sank Centre Community Club
rooms to definitely determine the
cause of the death of Jason Rosen-
berger which occurred the morning
of April II, 1929, at the Sank Cen
tire City Hall in that portion of
the building used ny the fire depart
ment.
petition of the widow demanding
the payment of compensation by
the city Of Sank Centre.
Under the law, If the city is found
liable the maximum amount al
lowed would be $500; this would
be paid monthly at the rate of 40
per cent of the salary of the de-
ceased employee. In this case it
would amount to $4,000 per month.
The law also provides that 10 per
cent may be added for each depend
ent. Mrs. Rosenberger is asking
for so per cent per month on the
ground that the youngest daughter
is dependent.
The law also provides that should
the beneficiary pass away before
the full amount has peen paid, pay
ment ceases with the death of the
beneficiary.
In the event that the claim is al
lowed the monthly payment will be
retroactive to the time of Mr. Ros-
enberger's death.
At the Coroner's inquest held the
day following .s1 Rosenberger's
death a verdict of accidental death
was returned. This verdict was
signed by all the members of the
jury, save one, ana coroner Kerns,
of ST. Cloud. =.
The hearing is for the purpose of
clearly determining the city's re-
sponsibility. City Attorney L. L
Kells represented the city at the
hearing Wednesday.
1t is understood that it is the
contention of the City that the
burden of proof or whether or not
Mr.. Rosenberger met death by his
own hands or by accidental means
rests on the petitioner.
The hour of employment of Mr..
Rosenberger as night police was
from 500 p. M. to 600 A. M.
The exact time OF TIE gentleman's
death has not been .<eEnitely deter
l1A4
mined whether Mr.. Rosenberger
met his death in the course of his
employment.
The Herald is informed that the
city is not attempting to evade the
payment of just claim, and are
resisting payment on the gre nd
that the questions or time and
course of employment have not
been determined.
Deputy Coroner A. F. Moynihan
was the first witness called to the
stand at the hearing. He testified
that he first viewed the body at
7:1O a. M, April II. He described
the position of the body and the
course of the bullet. He said in his
opinion Mr.. Rosenberger had been
dead at least a half hour and prob
ably longer. He did not fix the
length of time definitely.
VIM. Determan, night clerk at
the Palmer House, who, as far as
is known, was the .ast person who
saw Mr.. Rosenberger alive, was the
next witness. He testified that it
was the usual custom of Dad" to
visit the hotel at irregular inter-
walls during the nsSnr; that he had
lunch with him the ...vcning of his
death about 4:30; that he left the
hotel about 500 o'csocK or shortly
thereafter and that he was in his
usual good spirits. He said when
he saw Mr.. Rosenberger it was at
the City Hall about 700 a. m. and
he was dead.
The diagram OF the building and
location of the BODY prepared and
published by the H Id at the time
was accepted by ell r'rties as be-
ing correct and We i-i.roduced in
evidence as exhibit a in the case.
]. B. Schoenhoff testified relative
to his. acquaintance and experience
es with Mr.. Rosenberger.
Jesse Rose was the next witness.
The gentleman owned the 80 Colts
Automatic carried by Mr.. Rosen-
berger. dad" had carried this gun
about four years. Jesse testified
that a day or two after Mr.. Rosen-
berger's death he had experiment
ed with gun of the same make
and calibre, using smokeless powd-
er, and that with the gun held three
feet away from piece of paper
when It was fired there was a
slight trace Of powder in evidence
on the paper.
DR.. r. M. Kerns, st. Cloud,
county coroner, testified that he
had conducted the coroner's inquest
but was not present when the au-
topsy was held the afternoon fol-
lowing Mr.. Rosenberger's death. He
said he first viewed the body the
forenoon of the day following the
tragedy; that there was some slight
indications of powder close to the
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