Several Are Secret. Cooke, Mulligan Townshlp Man,

Indicted for

Subornation of Perjury.

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FIRST CIVIL

ACTION IS KURZWEIL VS.HOFFMANN

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Pefit Jurors Are Excused Until Next Monday Morning at 10 O’Clock. Criminal Calendar.

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The grand jury completed its investigations Friday afternoon and submitted its report to the court prior to adjournment for the day. In all ten indictments were returned. Several of these are secret indictments, as the offenders are at large. Among the indictments are two against Ed.W. Berkner of Sleepy Eye,charging bribery. The indictment charges Mr. Berkner wrongfully and unlawfully deposited with the State bank of Sleepy Eye a promissory note in the sum of $7,500 for the purpose of bols-tering up its financial condition. This was in June last year. The note was signed by Chas. Willhite. W. J. Stutzman, bank examiner and G. V. Markey, a deputy, both claim Mr. Berkner in October offered them $100 apiece to not inform the state banking department of the transaction.

Demurrer to Indictment

Mr. Berkner was arraigned Friday afternoon and on Saturday afternoon through his attorney, interposed a demurrer on the grounds that the acts stated in the indictment do not constitute a public offense. Counsel argued it was no crime to place thenote in the bank to better its condition, but that this act was one, which was laudable on the part of Mr. Berkner. He asked if it would be a crime to place a like amount of cash in the bank to make its financial condition stronger. This being the case, if no offense was committed, in placing the note in the bank, there could be no wrong in asking the examiners to not report the matter to the department.

The court overruled the demurrer. Mr. Berkner plead not guilty to the indictment.

Ed. Grimes of Sreepy Eye was indicted on two counts. One was for removing and concealing mortgaged property, while the other was for grand larceny in the second degree.He plead not guilty to both charges in open court Saturday afternoon.

Subornation of Perjury

George Cook of Mulligan township was indicted on three counts for subornation of perjury. He was arraigned Saturday morning and furnished bail in the sum of $500. He plead not guilty to the charges Monday morning.

Jos. L. Puchner, who is at the state hospital at St. Peter, was indicted of a charge of murder in the first degree.The grand jury visited the poor farm and jail and found these county institutions were being conducted in a suitable manner.

The members of the grand jury were called for duty Thursday morning at 10 o’clock. Judge I. M. Olsen selected Rud. Jensen of Sleepy Eye as foreman, and after retiring for de-liberation Mrs. H. H. Walter of New Ulm was chosen as clerk.

First Jury Case

At 10 o’clock Monday morning the members of the petit jury reported for duty. Mrs. Jacob Bottem of Albin was excused as was Wenzel Zangel of this city. Mrs. J. W. B. Wellcome of Sleepy Eye was excused until Monday of next week.

The first case called for trial was No. 12 on the calendar, that of Jos. Kurzweil vs. Albert Hoffmann. Attorneys announced Monday morn-ing the case of Roy Severns and Wm.Sverns vs. S. A. Wooldrik was continued. They reported that settlement was pending. This was the first case on the civil docket.

In the next jury case, L. D. Powell Co. vs. C. J. Laurisch a settlement was pending, while counsel announced that the next two jury cases should be placed at the foot of the calendar,by consent. Monday afternoon Judge L M. Olsen instructed the jury in the case of Kurzweil vs. Hoffmann to return a verdict of no cause of action. The plaintiff sued the defendant for the value of a note.

The members of the petit jury were excused until Monday morning at 10 o’clock. It is understood that the criminal cases will be called at that time.

Brown County Journal,

May 29, 1925

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