Willmar tribune. [volume], February 04, 1903, Image 1

About Willmar tribune. [volume] (Willmar, Minn.) 1895-1931

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Following are the proceedings of the
of the district court during the three
first days of the week:
ON THE MERCY OF THE COURT.
The Petit Jury Has Little to Do But to Watch
Those Accused By the Grand Jury
Receive Their Sentences.
Two Brief Trials So Far. Shoemaker Olson
is Convicted. Matt W, Thorn
is Acquitted.
New London Boys in Jail.
At the convening of the court last
Monday afternoon, three of the young
men from New London who were in
dicted for illegally selling intoxicat
ing liquor by the grand jury, pleaded
guilty. Chas. Nyberg was the first
one called and changed his plea to
"guilty." Louis E. Smith who had
been confined to his bed by an attack
of appendicitis, was arraigned and
pleaded guilty. William Cole ap
peared and asked leave to change his
plea of "not guilty" to guilty, and it
was so entered. Judge Qvale then
pronounced sentence which was a fine
of $50 and 30 days in jail in each case.
In the case of Griffith Thomas the de
fender's attorney, Sam'l Porter,
moved for the continuance of the case
until next term of court, offering in
support of the same the affidavit of
the serious illness of his wife which
required his presence at home. Coun
ty Attorney Johnson stated that the
state did ot wish to see any of the
cases continued, but under the circum
stances he would not insist on the
trial of defendant at this time. Judge
Qvale ordered the continuance of the
case until the next general term of
court.
This exhausted the cases set for trial
on this day and the inquiry was made
if any of the defendants in cases set
for Tuesday were willing and ready to
appear for trial. None could be found
so court adjourned until Tuesday fore
noon at 9.00 o'clock.
At last Tuesday morning's session
the first case called was the first in
dictment against F. Miller, Atty.
Geo. Muller appeared with Mr. Miller
and stated that the defendant asked
for leave to change his plea of "not
guilty" to "guilty," which was grant
ed. On request the sentence was de
ferred until four o'clock in the after
noon.
On the second indictment against B.
F. Miller, the case was continued un
til the June term of court.
The next case called was State vs.
Victor Nelson. Atty Muller appeared
and made same request as in Miller
case. The prisoner pleaded guilty
and sentence was deferred until four
o'clock in afternoon.
The next case called was State vs.
Ole Nelson. He also pleaded guilty
to one indictment. The counsel,
Atty. Muller, asked for leniency as
the defendant has not been in business
for himself and had not a cent of
money. The court questioned the
prisoner. He stated that he had been
in the business since November, but
could not deny that he knew it was
illegal. The court could not see that
there was any excuse for Mr. Nelson.
He was sentenced to serve thirty days
in jail and to pay a fine of $100. On
the second indictment, the case was
continued by consent until the June
term.
Trial of The Shoemaker.
Shoemaker Peter Olson, who runs a
small shoe shop on Benson avenue, was
the defendant in the fir3t liquor case
which required the services of the petit
jury. Atty. Geo. Muller defended the
accused.
Nineteen iurors were examined be
fore the jury was completed. It was a
noticeable fact that the majority of
those examined were free to express
their convictions as against the liquor
traffic, legal or unlegal. This is in
dicative of the great growth of the
temperance sentiment among the peo
ple of the county. Tjhe jury as accept
ed consisted of the following: Caas.
Johnson, Aug. Betzm, Aug. Lund
quist, A. O. Hildahl, E. R. Olson,
Nels Abrahamson, Fred Linn, Fred
Flygare, Nels Norell, K. T. Rykken,
Peter Skoglund and Geo. Wilson.
The first witness for the State was
Edward Peterson. He could not speak
English and Rev. Heimdal was sworn
has interpreter. The witness stated
I that he lived on the Grue farm near
Eagle Lake. That on Jan. 3 last he
entered the defendant's shop in the
Afternoon. He gave the defendant
twenty-five cents and asked him to get
a half pint bottle of whiskey. Efetook
the money and left the shop. Presenit-
ly he returned and delivered the bottle.
Witness identified a bottle, one quart
er filled, offered as evidence by the
State, as being the bottle purchased
and later taken from his pocket by the
city police.
On cross examination he repeated
his story. Said he became intoxicated
very easily. Did not know where O
son secured the liquor
Acting Chief of Police Eogelstad ap-
FROM A PICTURE TAKEN FOR THE W ILLMAR TRIBUNE IN THE COURT ROOM
peared for the State, He stated that
Olson's place was a resort for drink
ing men and had reason to believe
much drinking was going on there.
He named a number of persons who
frequented the place. Witness gave a
description of premises. He testified
to having found Peterson in an intox-
SAMUEL OLSON,
ASSISTANT COUNTY ATTORNEY.
icated condition with the bottle in his
pocket, and having takei him before
Justice Outerness where he had given
the testimony whicu resulted in the
binding over of the defendant.
This ended the State's side of the
evidecce, and after Judge Qvale had
denied a motion to dismiss the case the
defense was presentc d. The theory of
this was that Olson had acted as agent
for Peterson in buying the liquor, and
that while he might be guilty of pro
curing liquor he was innocent of sell
ing liquor as charged. Judge Muller
in presenting his case- said that it is
not yet a crime to buy liquor. He
called the defendant in to be sworn in
his own behalf.
Peter Olson testified that on Jan. 3
Edward Peterson came to his shop as
stated and asked him to buy a bottle
of whiskey for him. He replied that
he would try his best to dp so. He,
IS
Willmar, Minnesota. Febuary 4. 1903.4-TWI5LVE PAGKJS—Part 1: to 8
took Petersou'd money and started*
out. Coming on the sidewalk he met
a "boy" with whom he was but slight
ly acquainted. Thought his name,
was Anderson and that he lived seven
miles south of Willmar, and th«»t he:
was over 20 years old. This "boy
pccosted tbe
him a drink.
at the rear of the sbon to take a drink.' not care to at this time nor did
Tben a-tted the "boy" if he could se
cure a bottle for bim which he under-:
took to do. Witness did not see in
which direction the "boy" started nor|
from whence he came when he return-i
ed. Witness took the bottle so se-H
cured and delivered it to Mr Peterson
in the shop. Upon cross examination
by the assistant county attorney thef
witness did not improve his case. He
had been unab'e to secure the atten
dance at court of corroborating wit-|of
ness he had named. He saw nothing
strange about being offered a drink
on the sidewalk by a comparative
stranger. Had paid no attention to
which direction his alleged agent had
gone to secure the liquor but remained
in the shed till his return.
Peter Broberg, Clerk Frank Strecker John H. StoU William Cook, Foreman S Andrews O Swanson
when suddenly asked if tbe bottle ex
hibited in court was the one he sold to
Peterson, he stated that he could not
positively identify it as such. The
County Attorney briefly summed the
case for the state and Muller spoke
for the defendant. The charge was
brief and tbe jury retired as tbe clock
struck twelve. The jury required two
hours to agree and were ready to re
port as court re-convened at two
o'clock, bringing in the verdict of
"guilty." Judge Muller gave notice
that he would argue a motion for a
new trial and sentence was suspended
pending disposition of this motion.
Lindberg Goes to Jail.
The case of Paul Lindberg of New
London was called at the beginning of
the afternoon session yesterday. He
appeared without an attorney and
stated that he was ready to plead
guilty to one charge. His plea was
accepted. He was sentenced to serve
thirty days in the county jail and to
pay a fine of $75.00 in default of pay
ment of which he must serve thirty
days-additional. Sheriff Lundquist
took the erring young man into his
custody. The second indictment
against Lindberg was continued until
next term of court. The jury was ex
cused until today and the c^urt took
recess until four o'clock.
Bud Miller and Victor Nelson Sen
tenced.
At four o'clock Miller and Nelson
were given their sentences. Miller was
sentenced to toe county \il for thii ty
days and adjudged to pay a fine of
$100 with the proviso that if fine was
not paid he must remain in jail addi
tional 40 days. Victor Nelson was
given the same penalty. Miller
thanked the judge and wore a very
grave and serious countenance in con
trast to his usual good spirits. Nel
son did not seem to care much.
"Free Country" Appeal Case.
Judge Qvale next took up the case
appealed from Otterness' justice court
in the matter of Hans Larson, who
was convicted of maintaining a public
nuisance and whose bar fixtures and
stock had been seized by Sheriff Odell.
The judge reviewedthe caBe at some
leog and cited several dec sions
The contention of the defendant's at
torney that the justice would not have
jurisdiction in a ca*e whee property
wouM be confiscated as a result of
verd ct the judge did not hold good,
citing supreme coutt decisions of this
defendant and offered| state in the matter. Whil^ the judge
They retired to a shed took pains to emphasize that he did
ths
5ase owin,? to defective papers require
that he pass upon the constitution ility
of the "search and seizure act," it
might be inferred from his remarks
that he did not regard the same as the
best of law. He stated however tha
the legislature unquestionably Lad the
power to declare property unlawfully
used subject to seizure and
nflsc
Finally3} bondsmen in the appeal case are to be
LAST GRAND JURY OF KANDIYOHI COUNTY.
I-
That Found Twenty-two Indictments for Illegal Sale of Liquor, Seventeen of which Were Found Without Outside
Preliminary Work or Purchased Evidence.
THOSE STANDING
Victor Peterson Erick Ellefson Frederick Amundson Joseph aidin M. F. Johnson Nils Norman Christian Pagel Peter Bonde Heqrj Stob Charles E Johnson
THOSE SITTING
John Kleberg Gust Hedner OlofLindgren Peter H. Petterson Christian Rustad Peterson August Lundgren
i-
tiOn. While the judge in this case
would not yalidate the confiscation
bar fixtures, e'e, to the value
of about $500 taken from the "Free
Country" saloon, he did sustain the
verdict of guilty in the muter of main
taining a public nuisance and Hans
Larson was adjudged to pay a fine of
$50 and costs of the court and his
called upon if he did not pay tbe
same.
Lars Larson Pleads Guilty.
At five o'clock Lars Larson ap
peared and wisbed to plead guilty to
having sold intoxicating liquor in the
old Rodlun building. He had been in
the business but a few days, having
worked in a hardware store before
New Years and as a houemover pre
vious to that. The judge sent him to
jail for thirty days and assessed a
fine of $50 00. A second indictment
will hang over his head to be tried in
June. Court adjourned until this
morning.
Walter Nelson Pleaded Guilty.
This morning Walter Nelson ap
peared and changed his plea from
"not guilty" to "guilty." Sentence
will be pronounced this afternoon.
Matt W. Thorn's Case.
The liquor case of M. W. Thom
came up this morning. He was de
fended by Judge Mullen The follow
ing jurors were selected totry the case:
Arne Larson, A. O. Hildahl, Herman
Larson, Fred Flygare, OscarKnutson,
E. R. Olson, August Betzin, Peter
Henderson, K.-~T. Rykken, Henry
Stenson, J. Gust Monson and Peter
Skoglund.
The case of the State consisted
cork, and they drank its contents and
paid for it. It w*s called "malt" but
tasted like beer, foamed like beer,
had the odor of Ueer^and appeared
like' beer.
-.*
M&
sensation in his head from drinking
his share of the bottle.
In defense Mr. Thom alleged that he
had nothing to do with the place in
the rear of his shop. That he had
rented the room to Lars Larson for
CHARLES JOHNSON,
COUNTY ATTORNEY:
$10 a month, as his business did not
pay his expenses. He stoutly denied
having sold liquor of any kind to the
the testimony of two boys who had en
tered Thorn's piace iu the Rodlun
building on Ben&on avenue on the eve
ning of Dec. 27. Their purpose was
to buy a bottle of beer. The premises
were described. There are two rooms
at the place. The out-ide room is a
confectionery store presided over by
Mr. Thom. The insideroom was sup
posed tobe exclMsiyeipSjtnder the con
trol ofOTieLars Larson^ who conduc
ted a "temperance" saloon there The
boys testified that^Larson was not in
on this occasion ana they made their
wants known toTS^^^tSm. They Went
into the back rod^nramruie boys asked
for "a bottle of, malt.'' Thom gave
them a bottle afterlhe had pulled the^otto Ronning, of Spice'r Hans Lar
boys. Said he could not pull a cork
with his one arm. On cross-examina
tion he said could not operate Lars
Larson's cork-puller, buthad not tried.
Admitted that there was no sign to in
dicate that the back room was a sep
arate establishment and that the door
between the two rooms was usually
open in Larson's absence.
Lars Larson was brought from the
jail to testify for the defense. He sta
ted that Mr. Thom had not been inter
ested in the business of the witness.
On cross-examination he admitted that
the defendant had looked after the
room in the brief absence of the wit
ness, but that he never found that any
drinks had been sold in his absence.
The taking of evidence was finished
when the court adjourned for dinner.
The case had been an interesting one,
if brief. The State's attorneys were
confident and Judge Muller was not in
the best of spirits. But it is the un
expected that happens. When every
one had returned to the courtroom af
ter having satisfied the inner man, the
addresses were made to the jury.
Judge Muller had burnished up his
eloquence and in his dramatic manner
pictured the unfortunate condition of
the defendant. He won. After being
out three-quarters of an hour, the jury
°f returned a verdict of
'no guilty."
Mr. Thom is a free man, and is re
ceiving the congratulations of his
friends, the true ones of which hope
that he will never again be placed un
der a cloud of suspicion.
Walter Nelson's Sentence.
Walter Nelson was sentenced this
afternoon to go to jail for thirty days
and to pay a fine of $50 and stay in
jail additional 20 days if fine is not
paid. The second indictment will
probably go over to next term.
Cases Tor Tomorrow.
The following cases will be up for
trial tomorrow: State vs. John Thomp
son Richard Shettel, of Penaock
son and Imsdal Simonson.
The reports of the Harrison and
Kandiydhi creameries will be pub-
One of the boys felt a dizzy 1 lished in next Saturday's edition
WEDNESDAY
LIBRARY PROPOSITION.
Tallman Offers City of Willmtr the
Old Muller Lot at The Opera
House for Library Site.
An adjourned meeting of the .city
council was held Monday evening to
consider the library proposition. All
the members were present. The fol
lowing communications were read and
placed on file:
D. N. Tallman, Esq
Willmar, Minn.
Dear Sir:—Responding to your com
munications in behalf of Willmar, if
the city agree by resolution of the
council to maintain a free public li
brary at a cost of not less than one
thousand dollars a year, and provide
a suitable site for the building, Mr.
Carnegie wjil be glad to furnish ten
thousand dollars to erect a free public
library building for Willmar.
Respectfully yours,
JAS. BERTRAM,
Private Secretary.
To^the Honorable City Council of
the City of Willmar:
Whereas Andrew Carnegie has of
fered to donate to the city the sum. of
$10,000 for the establishment of a pub
lic library upon the condition that the
site be procured for the same and that
the faith and credit of the city be
pledged for the maintenance of the
said library in a sum not less than
$1,000 per year, We, the undersigned
residents and citizens of the City of
Willmar, respectfully urge you to
take such steps as may be necessary
to obtain from the said Andrew Car
negie tbe establishment of the said li
brary in the sum of not less than $1,00&
per year.
(With signatures of 132 residents.)
Willmar, Minn., Feb. 3, 1903.
To the City Council of Willmar:
I, David N. Tallman, the subscriber
hereto, do hereby agree to purchase
and deliver by good title the east 100
feet of lot 3, block 42 in the City, for
merly town and village of Willmar,
according to the recorded plat thereof
of record and on file in tie office of
the Register of Deeds in and for Kan
diyohi county, in the event that the
said City of Willmar shall elect to
accept said described property as the
site for the free public library build
idg which Andrew Carnegie is to do
nate. _5.„^P'
N
'K^^t^ne^
H^jutJeol^l^r^ierT
Mayor of the City of Willmar:
In reply to your inquiry as to
whether the city council have the pow
er and authority to pledge the faith
and credit of tbe city for the purpose
of supporting and maintaining a pub
lic library such as intended to be of
fered by Hon. Andrew Carnegie, I
would say that it is my opinion that
the city council has such authority,
and I base this opinion upon Chapter
93 of the General Laws of 1901. This
acj provides for just such an emergen
cy as is now presented to the council,
and provides that whenever any such
offer is made to the city, as has been
made by Andrew Carnegie, the city
council by ordinance may pledge the
faith and credit of the city to support
and maintain such library to an an
nual tax of not exceeding one and
one-half mills upon the taxable prop
erty of the city.
Yours respectfully,
SAMUEL PORTER,
City Attorney.
Alderman Markhus ofiered the fol
lowing ordinance:
An Ordinance Obligating the Faith
and Credit of the City of Willmar
to Levy Money for the Purpose of
Supporting a Public Library.
Whereas, Andrew Carnegie has of
fered to give and donate ten thousand
dollars ($10,000) to erect a free public
library building provided that the
city of Willmar gives a site and pass
es an ordinance obligating itself to
support a library at a cost of not less
than one thousand dollars ($1,000)
a year and
Whereas, a site for said public li
brary building has been secured by
the city of Willmar, being lhe east
one hundred feet of lot three, of block
forty two of the town (now city) of
Willmar, according to the recorded
plat thereof.
Now therefore, be it ordained by
the city of Willmar as follows:
Section 1. Tnat the common coun
cil of ths city of Willmar does hereby
pledge the said city and the common
council thereof to annually hereafter
levy and appropriate for the purpose
of the maintenance and support of the
said public Horary which has been
offered \by the said Andrew Carnegie
at least the sum of one thousand
(91,000) per year, provided that the
said sum so to be raised shall not re
quire a greater tax levy than one and
one-half mills on the dollar of all the
taxable property of said city.
„. Section 2. Said common eeuncil
hereby obligates said city of yPPlmar
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