Boys Accused of Burglary of New Ulm Grocery Co. Ask Damages.

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CHARGE FALSE ARREST,

IMPROPER TREATMENT

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Plaintiffs Bring Action

Second Time. Previous Case

Was Dismissed.

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For a second time W. T. Eckstein, William J. Julius and Alvin Harmening have been sued in connection with their investigations made at the time of the burglary of the New Ulm Grocery Co. and the Manhattan Oil Co.,on the night of May 6, 1923. Elmer Kahout and Richard Wiesner were in New Ulm at that time and left that same night and suspicion was directed against them and these city and county officials proceeded to St. Paul to question these young men as to their movements on the night in question.

Claim Unlawful Arrest.

In their complaint it is set forth that W. T. Eckstein, then County Attorney, William J. Julius, Sheriff of Brown County, and Alvin Harmening, chief of police of the city of New Ulm, in their official capacity arrested these young men without warrant and took them to a room in the St. Francis Hotel in St. Paul and there threatened them.

Wants $5000 Damage.

Kohout claims to have been taken into custody on May 9th and says that he was kept in a room in the St. Fran-cis Hotel for 13 hours, until 7 o’clock of May 10th. That he was accused by the officials of having committed the burglary; that he was threatened with hanging if he did not confess and that there were two quarts of whiskey in the room and that he was urged to drink which he refused to do and that in spite of his request to be released he was kept in the room under lock and key for 14 hours. For this he claims damages in the sum of $5000.

Wiesner Asks $2000.

Wiesner’s complaint is similar. He also alleges unlawful arrest and that he was kept in a room in the St. Francis Hotel for three hours on the morning of May 10th. He claims that he was threatened with confinement in a cell and was told that it would be easier for him if he confessed. For this he claims damages in the sum of $2000.

Sureties Also Sued.

This second suit was started January 2 this year and is practically the same suit that was instituted in 1923, with the exception that in the present action the sureties of these public officials have been made parties to the suit, Jacob Klossner and Charles Stuebe as sureties of William J. Julius, Peter Kitzberger and Gust S. Stuebe of Alvin Harmening and the National Surety Company of New York of Wenzel T. Eckstein.

Although the suit was started January 2, it did not become known here officially until the papers for change of venue were filed last Wednesday with Clerk of Court Carl P. Manderfeld. The case was originally begun in Ramsey County, but was transferred to this County because the defendants live in this county.

Former Cases Dismissed.

The former case was also started in Ramsey County and transferred to this County. Application was then made by the attorneys for the plaintiffs to have the case re-transferred to Ramsey County and Judge Olsen denied this request. The case was on the calendar for the December, 1923, term of court and when it was reached, it was dismissed because the attorneys for the plaintiffs did not appear in court when the case was called.

No doubt efforts will be made again to have the case sent back to Ramsey County. If the Judge should again deny this request then the case would come to trial at the May term if it is to be tried at all.

New Ulm Review,

January 28, 1925

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