Bens Notes

Notes for BENEDICT STANLEY DISCHER:

*****

Stevens Point Daily Journal

Monday, July 19, 1937

VICTIM IS RUN OVER BY AUTO; ORDER INQUEST

Dominick Berna, 25, Stockton Dead; Ben Disher of Plover Under Arrest

Ben, Leonard and Alois Disher and Leo Singer were arraigned before Justice W. G. Bate this afternoon on a charge of disorderly conduct and using abusive language at a dance hall. All pleaded not guilty and trial was scheduled for July 27. Bail of $200 was set for each defendant.

Struck down, run over and dragged in the front yard at the Paul Feltz tavern two and one-half miles northeast of Custer by a car which was driven around in circles there, Dominick Berna, age 25, son of Mr. and Mrs. John Berna of the town of Stockton, was fatally injured at about 1 o'clock Sunday morning. An inquest will be held.

Ben Disher, age 21, of Plover, Route 1, was locked up in the county jail as the driver of the car, reported to have contained seven other persons at the time of the tragedy. Three of the eight besides Disher, were also detained in jail over Sunday.

Two Others Hurt

Injuries were suffered by two other persons who were struck by the Disher car, according to information obtained by county officers. They are Miss Virginia Herrick, 19, of the town of Amherst, who suffered a arm injury, and Clarence Zblewski, 20, town of Amherst, who was scratched on both legs.

Suffering from many injuries and his clothing torn to shreds, Berna was brought to Stevens Point in the car of his brother, Ray. The victim died enroute and was pronounced dead when St, Michael's hospital was reached. The body was taken to the funeral home of Coroner V. S. Prais. Berna's injuries included two skull factures, above the left eye where a laceration had been inflicted and at the back of the head where there was a gash three to four inches long; concussion of the brain; facture of the left shoulder; compound facture of the right leg which was broken at the ankle, nearly severing the foot; badly broken nose; a broken rib and numerous bruises about the face, body, back, arms and hands.

A coroner's jury, impaneled this morning, consists of F. B. Marshall, Lawrence Nesser, Carl Maslowski, John Roshka and M. J. Mersch. The jury viewed the body at 11 a.m. and then adjourned to 9 o'clock Thursday morning when the inquest will be held, at the Prais funeral home.

Pulled from car

Called to the Feltz tavern and dance hall, on the Custer-Nelsonville road, Sheriff John Kubisiak and Martin Larson of the sheriff's office, who sped there, began an immediate investigation. They were told that there had been an argument preceding the death of Berna and that Disher was stopped in his driving escapade only after being pulled out of his car to the ground. He is reported to have then been struck, after being dragged from the car, before the authorities arrived. The distance between the tavern building and the road in more than 100 feet, and it was in this area that the circular driving resulting in the killing of Berna took place. The grass where the car went around is cut up. Disher's car, a 1931 Pontiac coach, was taken in charge and brought to the county jail. Berna was said witnesses to have been run over twice.

Those in Disher Car

According to the sheriff, those in the Disher car besides the driver were his brother, Alois Disher, and his cousin Bridget Disher. Of Plover, Route 1, reported to have been in the front seat with Ben Disher; Leonard Disher, a cousin, and Leo Singer of Wisconsin Rapids, Route 1, Dorothy Jensen of Waupaca, reported to be staying at the Frank Singer home at Plover, and Ed Lubetski and Aurellia Pekarskey, both of 1039 Briggs street, Stevens Point. Ben, Alois, and Leonard Disher were kept at the jail over Sunday.

An investigation of the tragedy and circumstances attending it was continued Sunday and today by sheriff's officers and District Attorney A. J. Aschenbrener. Witnesses were called and their versions of what occurred were secured.

Tells of Quarrel, Blows

Among those who gave explanations was Clarence Zblewski, a member of a party visiting the tavern. It included his younger brother, Alfred; Mike Meronek of Amherst Junction, who is employed at Waukesha and who was home for the week-end; the latter's sister, Miss Martha Meronek, Amherst Junction, and Miss Herrick. Clarence Zblewski said that the Disher party had a quarrel with others at the tavern and that he walked over to their car to stop the quarrel. He was struck a glancing blow on the head by a car crank in the hands of Leonard Disher, and also struck on the head by Ben Disher, with a empty "Big Charlie," a beer bottle, he said. He in turn struck Leonard Disher, he related. He then left and walked away, Miss Meronek having come up and admonished him not to fight.

Jump on Running Board

The Disher party then drove from the tavern grounds but swung around and re-entered the premises. It was then that Miss Herrick and Zblewski , as well as Mike Meronek were struck according to Clarence Zblewski. Meronek escaped with bump on the hip. Clarence was in front of the Disher car and grabbed the radiator of the car as it stopped, to protect himself from being run over, he related. He said, the car was backed up after striking the three, then started up and circled the grounds three times. As it started up, Zblewski, Feltz, the tavern proprietor, and Meronek jumped on the left running board and Ambrose Herrick of the town of Stockton, a cousin of Berna, jumped on the right running board in attempting to stop the Disher car. They remained there according to Clarence, until after the third circle had been made by the car, when Ambrose Herrick removed the ignition key.

Clarence Zblewski said, he and others called upon the driver to stop, that he grabbed the steering wheel and that others on the premises grabbed hold of the car in an unsuccessful attempt to halt it. He contended that members of the Disher party, within the car said "Step on it," and attempted to push off those on the running boards.

"Tried to Crawl Away"

According to the version of Clarence Zblewski, the car made one circle and ran down Berna on the second time around. He said that Berna got up on his hands and Knees and attempted to crawl or walk out of the way, but was unable to move before the car came around the third time, when, according to Zblewski it ran over the victim's legs. The ignition key had been removed before Berna was run over the second time, Zblewski related, but the car continued on under its own momentum and stopped a few feet past where Berna lay. The victim was picked up by Clarence Zblewski and martin Meronek, placed in Ray Berna's car and brought to the hospital.

Later, after the sheriff had been called, Miss Herrick was taken to an Amherst doctor and then taken home.

Witnesses said it appeared that the Disher car was driven about the tavern grounds in low gear.

Funeral Wednesday

The young man was born on June 26, 1912, in Stockton. He attended the Harper district school in Stockton and had been working with his father on the farm.

Surviving are his parents, two brothers, Raymond and Allen, at home, and one sister, Mrs. Roman Piotrowski of the town of Stockton.

Funeral services will be held Wednesday at 9 o'clock at Sacred heart church, Polonia and burial will take place in the parish cemetery. The body was taken to the family home this afternoon.

*****

Stevens Point Daily Journal

Wednesday, July 21, 1937

THIRTY SUBPOENAED TO GIVE TESTIMONY AT CORONER INQUEST

Thirty coroner's subpoenas were served by sheriff's officers today summoning witnesses to the coroner's inquest to be held at the Prais funeral home Thursday in the death of Dominick Berna, 25, of Stockton, fatally injured early Sunday morning when he was struck by an automobile at the Feltz tavern.

Ben Disher, Plover, driver of the car, Leonard and Alois Disher, also of Plover, and Leo Singer, Wisconsin Rapids, Route 1, occupants of the car, pleaded not guilty Monday afternoon to disorderly conduct and using abusive language at a dance and were released on furnishing $200 bail each.

The car was being driven around in circles at the time of the fatal accident and witnesses said that Berna was struck by the car at least twice. Members of the coroner's jury are J. M. Marshall, Lawrence Neaser, Carl Maslowski, F. B. Richmond, John Roshka and M. J. Mersch.

*****

Stevens Point Daily Journal

Thursday, July 22, 1937

JURY HEARING TESTIMONY IN BERNA'S DEATH

Story of Tragedy at Tavern Related; 10 Morning Witnesses heard

The corner's jury in the inquest into the death of Dominick Berna, 25, town of Stockton, this after noon was taken to the Paul Feltz tavern, two and one-half miles northeast of Custer, in front of which Berna was fatally injured, by a car driven by Ben Disher, 21, R. 1, Plover, early Sunday morning.

Testimony was to be resumed at the Prais funeral home as soon as the jury returns.

Testimony was resumed this afternoon at the inquest into the death of Dominick Berna, 25, town of Stockton, after a coroner's jury had visited the Paul Feltz tavern, two and one-half miles northeast of Custer in front of which Berna was fatally injured by a car driven by Ben Disher, 21 town of Plover, early last Sunday morning.

Witnesses who appeared this afternoon at the Prais funeral home included Ray Pezewski, Ernest Zblewski, Mrs. Ernest Zblewski, Balfried Zblewski, Phillip Herek, Edwin Herek, Virginia Herek and Eleanor Herek.

With a number if witnesses to be called it appeared that a verdict could not be reached until late this afternoon at the earliest.

An inquest into the death of Dominick Berna, 25, town of Stockton, was adjourned at noon today until 1:30 p.m., after testimony of 10 witnesses had been heard before a coroner's jury at the Prais funeral home. It was expected that 17 more witnesses would be heard before testimony is completed.

Berna, son of Mr. and Mrs. John Berna, town of Stockton, was fatally injured about 1 o'clock Sunday morning when he was struck down and run over in the front of the Paul Feltz tavern, two and one-half miles northeast of Custer, by a car driven in circles there. Ben Disher, Plover, Route 1, was the held as the driver of the car. Two others, Miss Virginia Herek, 19, of the town of Amherst, and Clarence Zblewski, 20, town of Amherst, where injured when struck by the Disher car.

District Attorney A. J. Aschenbrener was in charge of the inquest, assisted by Coroner Victor S. Prais. Members of the jury are F. B. Richmond, J. M. Marshall, Lawrence Nesser, Carl Maslowski, John Roshka and M. J. Mersch.

Concussion Cause of Death

Dr. W. A. Gramowski, Stevens Point physician, first witness called, testified that he had examined the body of Berna and described the injuries. "The absolute" cause of death, he said, was concussion of the brain. The examination was made, he related, three to five hours after Berna's death.

Tells of Trouble

Zblewski, son of Mr. and Mrs. Roman Zblewski, testified that he had noticed no trouble between the parties of which Berna and Disher were members, until after midnight. He said he heard an argument between those in the Disher car and another group, whose members were Ray and Albin Berna, Peter Kirkowski and Ray Pezewski, all of the Custer vicinity. Zblewski said that when he approached the Disher car he was struck a blow on the head with a crank in the hands of Leonard Disher, a cousin of Ben, and also that he was struck on the head by Ben Disher with a two-quart beer bottle. He then walked away, he declared.

Tried to Stop Car

The Disher car then left the yard bur re-entered the premises and came back near the tavern, the witness related. It was then, he said, that Miss Herek, himself and Mike Meronek, Amherst Junction, another member of the part, were struck. Zblewski, in front of the car, grasped the radiator cap to prevent being run over, he said.

After striking the three people, the witness said, the car was backed up, then started on a circle of the grounds. Then, Zblewski continued. He, Ambrose Herek, brother of Virginia, Meronek, Paul Feltz and Albin Berna jumped on to the running boards of the car in an effort to stop the machine, which he said, was headed for the road. Dominic Berna, he said was run down when the machine started up after striking the group of three.

Saw Victim Run Over

Zblewski declared that while on the car he saw Dominick beneath the right front wheel . He said he rode on the bumper about 20 or 30 feet before leaping off. Questioned by Aschenbrener, he declared the right front wheel of the car had passed over Berna's head, but that he did not know whether the rear wheels had passed over the victim.

Zblewski said he and the others on the running boards of the car asked the driver to stop the machine and declared that he and Albin Berna grasped the steering wheel in an effort to halt the vehicle. Members of the party within the car, he testified called "step on it." and attempted to push those on the running boards to the ground.

After striking Dominick Berna , he said, the car circled the area again. Berna was trying to crawl away, when he was struck a second time. The car passing over his legs. Those on the running board, he said, did not try to fight with those within the car, but only tried to stop the vehicle. Ambrose Herek, Zblewski said, removed the car's ignition key before the car hit Berna the second time, but the car continued under its own momentum and stopped a short distance past where Berna lay.

After the car had come to a stop, Zblewski said, he and Albin Berna took Dominick into the tavern, from where the victim was driven to Stevens Point in the car of Ray Berna a brother of Albin and Dominick.

Victim Not in Quarrel

Questioned by District Attorney Aschenbrener, Zblewski declared that Dominick Berna had not quarreled with the Disher party that evening.

"Was there anything about the conduct of the Disher party to indicate they had been drinking?" Aschenbrener questioned. Zblewski replied in the affirmative, stating that the members of the Disher party earlier in the evening had offered him a drink of beer.

"In case we have trouble will you help us?" Zblewski quoted members of the Disher parties having said. Zblewski said, he replied "yes" to the query. The witness said members of the Disher party acted "as if they were going to start a fight."

After the car had come to a stop, Zblewski related, the driver whom he said was Ben Disher, was pulled out, and struck a couple of times by Mike Meronek. Disher then got to his feet, the witness continued and got back into the car.

42 Feet in Diameter

Undersheriff Len Frymark testified regarding the measurements taken at the scene later Sunday morning. The parking space was described by Frymark as about 100 feet wide and 130 feet long. It was entered by a driveway from the road. He said the car traveled in a circle approximately 42 feet in diameter. The outer rim of circle, he said was about 66 feet from the tavern and 18 feet from a fence..

Several photographs taken of the tavern grounds, were introduced by Aschenbrener.

Ambrose Herek testified he saw no quarrel prior to the accident. He said he saw Virginia Herek struck and declared that he pulled her to one side. He testified he saw Dominick Berna go under the right front wheel of the car and that after striking Berna the car was driven in a circle.

Says Berna Dragged

After the car had struck Berna, Herek said he tried to pull the youth from beneath the wheels, but failed. He said there was nothing he could do after Berna had been struck the first time and that he was powerless to prevent Berna being struck again. He said he identified Ben Disher as the driver of the car when he (Herek) made and effort to remove Berna from beneath the wheel. Berna was dragged beneath the car for about 20 or 30 feet after being hit the first time, Herek said.

In reply to question by Aschenbrener, Herek said in his opinion the Disher car could have been driven from the tavern grounds without striking the group of three persons.

Brother' Version

Ray Berna, brother of Albin and Dominick, testified he was on the grounds but that he did not see the car strike either the group of his brother. Berna declared he "was excited" and did not immediately go to the scene after learning someone had been hit. Later, he said he jumped on the running board of the car after he heard a shout, :there's someone beneath the car." A statement by Berna that he removed the ignition key conflicted with an earlier statement by Ambrose Herek. Ray Berna said he jumped from the car before it passed over Dominick Berna the second time. He declared he also heard someone within the car shout "step on it." After the ignition key had been removed, he said, the car moved for a "couple of rods" under its own momentum.

Dominick Berna had nothing to drink that evening, Ray Berna testified and was ready to go home at the time of the accident.

Tavern Owner's Story

Paul Feltz, the proprietor of the tavern, said, he saw the car in the parking area and asked that it be stopped when he noticed a man beneath the wheels. After Berna had been removed, Feltz said, he took the car's license number and returned to his tavern. He said he saw one person, whom he was unable to identify, pulled from the car.

Albin Berna, a brother of John and Dominick, said he heard no arguments except between members of the Disher and Kirkowski parties. He testified he saw Ben Disher strike Zblewski with the crank and beer bottle. Albin first noticed his brother had been struck, he said, when someone shouted "there's a man under the car." Then, he said, he jumped on the running board of the car and tried to grasp the wheel.

Questioned, Berna said he heard some one within the car call, "step on it," but could not be certain whether a man or woman had spoken.

Mrs. Paul Feltz, wife of the tavern proprietor, said she saw Virginia Herek struck by the car. After that however, Mrs. Feltz said, she "became scared." She said she did not see the car pass over Dominick Berna.

Car In Low Gear, Belief

Chester Feltz, son of Mr. and Mrs. Feltz, said he saw no fighting until Ben Disher was pulled from the car. Feltz "just watched," he said, when the car struck the group of three. The witness said he saw the car hit Virginia Herek and also that he later saw someone under the vehicle. Feltz declared he believed the car was driven in low gear, basing his opinion on tracks left in the ground. He said the car could have been driven to the highway without striking the group.

*****

Stevens Point Daily Journal

Friday, July 23, 1937

DISHER FOUND NEGLIGENT BY CORONER JURY

Member of Party Drunk According to Testimony Given at Inquest

Dominick Berna, 25, town of Stockton, fatally injured on the premises of the Peter Feltz tavern northeast of Custer early last Sunday morning, met his death as the result of "being struck by an automobile driven in driven in a grossly negligent and reckless manner by Ben Disher, while under the influence of intoxicating liquor," a coroner's jury decided late Thursday upon completion of an inquest held under direction of Coroner V. S. Prais and District Attorney S. J. Aschenbrener .

A warrant charging Disher with first degree manslaughter was issued today. The penalty on conviction is five to ten years' imprisonment.

Eight Persons in Car

Berna, son of Mr. and Mrs. John Verna, was struck down and run over in the front yard of the Feltz tavern by a car driven in circles there. The car, it was brought out in testimony at the inquest, was driven by Disher and contained eight persons. Miss Virginia Herek, 19, and Clarence Zblewski, 20, both of the town of Amherst, were injured when struck by the Disher car. Mike Meronek, of Amherst Junction received a bump on the hip. Miss Herek suffered an arm injury and Zblewski received scratches on both legs. Berna died while being brought to St. Michael's hospital, Stevens Point, in the car of his brother, Ray.

The jury consisted of F. B. Richmond, J. M. Marshall, Lawrence Nesser, Carl Maslowski, John Roshka and M. J. Mersch. The inquest began at 9 o'clock Thursday morning and the verdict was reached shortly before 6 p.m. The testimony of 27 witnesses was heard.

Jury's Findings

The text of the jury's determination follows:

"In the matter of the death of Dominick Berna. An inquisition taken at Stevens Point, Wisconsin, in the county of Portage, on the 22nd day of July, 1937, before Victor Prais, coroner of said county upon the view of the body of Dominick Berna, there viewed by the jurors, whose names are hereto subscribed, who being duly sworn to. Inquire of behalf of this state, when, in what manner and by what means the said Dominick Berna came to his death, upon their oath, do say that from the evidence Dominick Berna met his death on the morning of the 18th of July, 1937, as the result of being struck by an automobile driven in a grossly negligent and reckless manner by Ben Disher, while under the influence of intoxicating liquor."

"In testimony whereof the said coroner and the jurors of this inquest hereunto set their hands the day and year aforesaid."

Testimony of the members of the Disher part, much of which was directly contradictory to that offered in the morning by members of Berna's family and his acquaintances, was heard in the afternoon.

Miss Martha Meronek, Amherst, Junction, first afternoon witness, said she saw the Disher car strike Miss Herek, but that she was so concerned over the welfare of her friend that she did not see the car strike Berna. Later, Miss Meronek said, she learned the driver was Ben Disher. She also testified she later helped place the injured man in the car of his brother, Ray.

Ben Disher's Testimony

Ben Disher testified the others in the car with him were his cousin, Bridget Disher of Plover, Route 1; his brother, Alois Disher. Leonard Disher and Leo Singer of Wisconsin Rapids, Route 1; Dorothy Jensen of Waupaca, and Ed Lubetski and Aurellia Pekarsky, both of 1039 Briggs street, Stevens Point. Disher said the part arrived at the Feltz tavern about 11:30 p.m. The party, he testified consumed two two-quart bottles of beer and a one-quart bottle of wine. Five of the eight persons rode in the rear seat of the car, a 1931 Pontiac coach.

Didn't Talk of Trouble"

The witness said he had been at the bar of the tavern but had taken no liquor. He said he had no trouble and did not talk of trouble while in the dance hall. In answer to questioning by Aschenbrener he denied having "asked anyone to be on his side." At the morning session Zblewski testified that members of the Disher party asked him (Zblewski); "Will you help us if we (the Disher party) have trouble?"

After he left the dance hall, the witness related, he walked to the car and sat in the driver's seat. A short time later he walked toward the road and met Lubetski and Bridget Disher. Then, Disher said "someone hit me from one side and then the some hit me from the other." The witness said he started the car and had begun to drive toward the driveway when :someone grabbed the wheel and hit me." "A whole bunch," whose members he could not identify, "were after me to pound me up," Disher testified. The witness declared he "passed out" after being struck shortly after he had stalled the car and "remembered nothing of the later incidents."

"Do you remember backing up and hitting Virginia ?" asked Mr. Aschenbrener.

Says He Was "Dazed"

The witness replied in the negative, stating he "was dazed."

Are you sure you weren't drunk?" the district attorney queried.

"No, I wasn't drunk," Disher replied.

Disher also testified he didn't remember hitting Dominick Berna or seeing him in the path of the car. He testified further he did not know if anyone jumped on the car after Virginia had been struck. He later realized, Disher said, that the throttle was pulled out and the ignition key gone, after the car had stopped. Disher said he could not remember having struck anyone with a crank or bottle, as previously testified by other witnesses. He said he remembered coming to the jail but could not recall any statements made there.

Recalls Few Details

The witness declared he did not know the person who struck him after he had been dragged from the car when it stopped after completing the circles around the yard. He said he could not remember how many times he was hit after being dragged from the vehicle. Disher said he did not know if the car coasted after the ignition was off, how long the party waited before Sheriff John F. Kubisiak arrived at the grounds, if Dominick Berna was at the tavern, or if the lights of the car were on. The witness testified he never had trouble with Dominick Berna. He further said he did not recall turning having turned back to the tavern after starting the car.

A brown oxford shown by Coroner Prais, was identified by Ben Disher as the property of Alois Disher. The shoe was pulled off, Ben Disher asserted, by members of the group which he said had struck him.

Says He Saw Stars

The windows of the car were open, Disher said and he received a blow on the head above the left ear that made him "see stars in front of my eyes." On Monday after he had left jail, Disher continued, upon instructions of an attorney, he had the injury examined by a doctor. Disher admitted being in the driver's seat of the car, but denied having control of the vehicle. He further stated he did not know the persons who controlled the steering wheel of the car as it was being driven around the yard. He said he had seven beers and one drink of wine the night of the accident.

At the end of the dance Alois Disher, testified, he left the tavern and saw Ben get "poked a couple of times." He testified that Dominick Berna struck Ben Disher. Alois declared he joined Ben and was about 15 feet from the car when he (Alois) "got poked." The witness said he did not know how many persons were after him and Ben, but testified he was struck, "about eight times" before he got to the car.

Alois "Passes Out"

"I passed out and don't know how I got in the car." Alois declared. He said he did not "come to" until after the car had made the second circular trip around the yard. There were three or four persons on the running boards of the car when he regained consciousness, Alois asserted, declaring that "Ben had his head down." Alois testified he could not identify the persons on the running board whom he charged were striking Ben. The witness said he tried to turn the wheel of the car, but that he did not pull out the throttle. He said that he did not know whether the car was in low of high gear and that he did not hear anyone within the car shout "step on it." Alois identified his missing shoe but could not recall whether he was in the car when shoe was taken from him. He said he consumed four beers and three drinks of wine during the evening.

cont.

*****

Stevens Point Daily Journal

Thursday, July 25, 1940

Admit Damaging mail Boxes; Finer $25. Costs of $2.75

Stanley Hojnacki and Ben Disher, both of the town of Plover, charged with damaging mail boxes in the towns of Plover and Grant Sunday night, pleaded guilty when arraigned before Justice Ed Larson Wednesday afternoon and each paid fines of $25 and costs of $2.75. The alternative was 30 days in the county jail.

Another condition of the sentence was that the men are to restore the boxes to their original condition. Failure to comply with this order, the court said, will result in 10 days being added to each man's sentence.

The rural boxes damaged were on farms on Highway 54 in Plover and County Trunk X in Grant.

Mr. Disher was born in the Town of Plover on May 14, 1916, a son of Mr. and Mrs. Lawrence Disher. He grew up there, moving to Milwaukee as a young man.

In 1937, he was married to the former Evelyn Herkowski.

Mr. Disher is survived by his wife; five children; his mother, Mrs. Mathilda Freda, Town of Plover; five sisters, Mrs. Irv (Gertrude) Schlichting, Wild Rose, Mrs. Bernard (Anna) Shomberg, Madison, Mrs. Leo (Katherine) Wiater 109 Center St., Mrs. Nick (Francis) Wasielewski, Town of Plover, and Mrs. Tony (Evelyn) Brathovde, Milwaukee, and four brothers, Jack, John and Louis, Milwaukee, and Ted, 1904 Franklin St.

His father died in 1934,.

Funeral arrangements are pending.

Notes for BENEDICT STANLEY DISCHER:

Stevens Point Daily Journal

November 21, 1961

Obituary

Ben Disher

A former town of Plover resident, Ben Disher, died Monday night at 8:45 at a Milwaukee hospital, following a year's illness.

He was 45 years old.

Mr. Disher was born in the Town of Plover on May 14, 1916, a son of Mr. and Mrs. Lawrence Disher. He grew up there, moving to Milwaukee as a young man.

In May 3, 1942, he was married to the former Evelyn Herkowski.

His father died in 1934,.

Obituary

Ben Disher

A former town of Plover resident, Ben Disher, died Monday night at 8:45 at a Milwaukee hospital, following a year's illness.

He was 45 years old.

Notes for BENEDICT STANLEY DISCHER:

Stevens Point Daily Journal

Monday, July 19, 1937

VICTIM IS RUN OVER BY AUTO; ORDER INQUEST

Dominick Berna, 25, Stockton Dead; Ben Disher of Plover Under Arrest

Two Others Hurt

Pulled from car

Those in Disher Car

Tells of Quarrel, Blows

Jump on Running Board

"Tried to Crawl Away"

Later, after the sheriff had been called, Miss Herrick was taken to an Amherst doctor and then taken home.

Witnesses said it appeared that the Disher car was driven about the tavern grounds in low gear.

Funeral Wednesday

The young man was born on June 26, 1912, in Stockton. He attended the Harper district school in Stockton and had been working with his father on the farm.

Surviving are his parents, two brothers, Raymond and Allen, at home, and one sister, Mrs. Roman Piotrowski of the town of Stockton.

Funeral services will be held Wednesday at 9 o'clock at Sacred heart church, Polonia and burial will take place in the parish cemetery. The body was taken to the family home this afternoon.

*****

Stevens Point Daily Journal

Wednesday, July 21, 1937

THIRTY SUBPOENAED TO GIVE TESTIMONY AT CORONER INQUEST

The car was being driven around in circles at the time of the fatal accident and witnesses said that Berna was struck by the car at least twice.

Members of the coroner's jury are J. M. Marshall, Lawrence Neaser, Carl Maslowski, F. B. Richmond, John Roshka and M. J. Mersch.

*****

Stevens Point Daily Journal

Thursday, July 22, 1937

JURY HEARING TESTIMONY IN BERNA'S DEATH

Story of Tragedy at Tavern Related; 10 Morning Witnesses heard

Testimony was to be resumed at the Prais funeral home as soon as the jury returns.

With a number if witnesses to be called it appeared that a verdict could not be reached until late this afternoon at the earliest.

Concussion Cause of Death

Tells of Trouble

Tried to Stop Car

Saw Victim Run Over

Victim Not in Quarrel

Questioned by District Attorney Aschenbrener, Zblewski declared that Dominick Berna had not quarreled with the Disher party that evening.

42 Feet in Diameter

Several photographs taken of the tavern grounds, were introduced by Aschenbrener.

Says Berna Dragged

In reply to question by Aschenbrener, Herek said in his opinion the Disher car could have been driven from the tavern grounds without striking the group of three persons.

Brother' Version

Dominick Berna had nothing to drink that evening, Ray Berna testified and was ready to go home at the time of the accident.

Tavern Owner's Story

Questioned, Berna said he heard some one within the car call, "step on it," but could not be certain whether a man or woman had spoken.

Car In Low Gear, Belief

*****

Stevens Point Daily Journal

Friday, July 23, 1937

DISHER FOUND NEGLIGENT BY CORONER JURY

Member of Party Drunk According to Testimony Given at Inquest

A warrant charging Disher with first degree manslaughter was issued today. The penalty on conviction is five to ten years' imprisonment.

Eight Persons in Car

Jury's Findings

The text of the jury's determination follows:

"In testimony whereof the said coroner and the jurors of this inquest hereunto set their hands the day and year aforesaid."

Testimony of the members of the Disher part, much of which was directly contradictory to that offered in the morning by members of Berna's family and his acquaintances, was heard in the afternoon.

Ben Disher's Testimony

Didn't Talk of Trouble"

"Do you remember backing up and hitting Virginia ?" asked Mr. Aschenbrener.

Says He Was "Dazed"

The witness replied in the negative, stating he "was dazed."

"Are you sure you weren't drunk?" the district attorney queried.

"No, I wasn't drunk," Disher replied.

Recalls Few Details

A brown oxford shown by Coroner Prais, was identified by Ben Discher as the property of Alois Disher. The shoe was pulled off, Ben Discher asserted, by members of the group which he said had struck him.

Says He Saw Stars

Alois "Passes Out"

Cont.'

Sees Pair Hit Ben Discher

Leonard Disher testified he was struck through the window of the car by one of two persons who asked for "Clarence." Leonard said he informed the pair he didn't know "Clarence." Later, he went on, he saw two persons hit Ben Disher after Ben had walked about 20 feet toward the road. "Someone pulled Ben in the car," Leonard continues, "and we started." It was then, he said, that the car began its circular trips, with Ben Disher in the driving seat. He said, three or four other persons on the running boards tried to grab the wheel.

When the car was started, Leonard testified, it was driven toward the road, but the course changed in order to avoid striking three of four persons in the driveway. Leonard said, some person jumped on the car's running board, and the circular trips were started. He said he did not see either Miss Herek or Dominick Berna struck. The witness said he believed the car had made three circles about the yard. He reported having a trouble-free evening and denied having asked anyone to help him in the event of trouble. He said he heard no one within the car say "step on it." He further testified he did not know who pulled the ignition key from the car. Leonard testified that Ben Disher was at the wheel all the time the car was in the yard. Ben, Leonard said, "couldn't help himself" while the car was being driven in circles. He admitted having drank a small amount of beer.

Leo Singer's Testimony

Leo Singer substantiated testimony of Ben and Alois Disher. He said he witnessed the fight in which Ben was struck and the later incident in which several persons leaped on the car's running board. The persons on the running board steered the car as it was making its circles around the yard, Singer said, adding that Ben Disher "Had passed out." Neither Ben nor the occupants of the car made any attempt to strike those on the running board and tried only to guard themselves, he said. Singer testified he "guessed someone in the car said "step on it," and that one of those on the outside, whom he could not identify, pulled the ignition key from the dash.

Singer said he did not know if the car had struck anyone. After the car had come to a stop, Singer said, he didn't want to go home because he 'knew the sheriff was coming after us." Singer testified he had ten beers and two drinks of wine. He said he did not remember anyone having taken a beer bottle or crank from the car. He declared he realized the car made three circles of the yard and that he heard a scream when Virginia was hit. He said, however, he heard no sound when Dominick was struck. He said he had no knowledge of the condition of the car's brakes.

Says Car Made 3 Circles

Edmund Lubetski testified he saw the fight in which he declared two persons struck Ben Discher and described how the driver was compelled to change the vehicle's course because of persons in the driveway. His testimony in that respect was similar to that of Leonard Disher. Lubetski said he could not recall having heard anyone in the car making the "step on it" statement and he did not see anyone struck by the car. He testified that the car made three circles of the yard and that after it stopped, one of those on the outside shouted "you've run over a guy." Lubetski said he had six drinks of beer and two drinks of wine during the evening.

Not Sober, Larson Says

Martin Larson, of the sheriff's office, testified he found the Disher car parked in the yard and took the names and addresses of those in the vehicle. Members of the Disher party, he said, were "half asleep and half awake." "I wouldn't say they were sober," Mr. Larson said when questioned by the district attorney in regard to the condition of members of the party. Later, when the party had been lodged in jail, Mr. Larson reported, it was necessary to put Singer in a solitary cell "to keep him quiet." Larson further testified that Alois Disher was drunk. Being jailed "didn't seem to bother the party much," Mr. Larson said, adding that "they made lots of noise." "I would say they were under the influence of liquor," the witness concluded.

"Pretty Well Shined Up"

Ed Matkey, 215 ½ South Second street, a trusty at the jail, testified he was at the jail when the Disher party arrived. "I'd say four of them were pretty shined up," he testified.

"Ed, I had a big battle tonight and I killed one tonight." Matkey quoted Ben Disher as having told him at the jail. Later the party "raised cane," Matkey went on, and were singing and yodeling. Singer made so much noise, the witness continued that it was necessary to place him in solitude.

Says Berna Leaped on Car

The last witness, Aurellia Pekarsky, testified that she accompanied Lubetski to the dance. She said she left the hall shortly before conclusion of the dance and waited outside with her escort. Her testimony regarding the start of the car and the events leading up to the car driving in circles around the yard was substantially the same as earlier witnesses. She said Zblewski and the "Berna boy" were among those who leaped on the vehicle, but she said she was unable to identify the others. Miss Pekarsky testified she heard no screams. The witness further said that one of those on the running board grabbed the steering wheel and pulled the throttle out. She testified that Ben Disher, although in the driver's seat, did not have his hands on the wheel. Miss Pekarsky said she saw someone hit with a beer bottle but that she saw no one struck with a crank.

*****

Stevens Point Daily Journal

Monday, July 27, 1937

Manslaughter Charge Denied By Ben Disher

Ben Disher, Plover, pleaded not guilty to a first degree manslaughter charges in County Judge W. F. Owen's court today in connection with the fatal injury of Dominick Berna, 25, in the town of Stockton on July 18, waived preliminary examination and was bound over to circuit court for trial. Bail was set at $1,000 but was not furnished and the defendant is being held in county jail.

Berna received the fatal injuries when he was struck and dragged by Disher's car, according to testimony given at a coroner's inquest last week, while the car was being driven in circles in the yard at the Feltz tavern.

Disher, Leo Singer and Leonard and Alois Disher pleaded not guilty last Monday afternoon to charges of disorderly conduct and using abusive language at a dance hall in connection with the same case and are at liberty on $200 bonds each. Trial on these charges is scheduled for Tuesday. Singer and Leonard and Alois Disher were passengers in the car driven by Ben Disher, it was reported.

The coroner's jury found following an inquest held last Thursday that Berna "came to his death when he was struck by a car driven in a grossly negligent and reckless manner by Ben Disher while under the influence of intoxicating liquor."

A warrant for Disher's arrest on the manslaughter charge was placed in the hands of Sheriff John F. Kubisiak last Friday afternoon and Disher was placed under arrest and taken to the county jail on Saturday.

*****

Stevens Point Daily Journal

Tuesday, July 28, 1937

TWO IN TAVERN CASE ARE FINED, TWO DISMISSED

Guilty Pleas are Entered by Leo Singer and Leonard Disher

The cases of Ben and Alois Disher, Plover, charged with disorderly conduct and using abusive language at a dance hall, were dismissed by Justice W. G. Bate today after a trail at which nine witnesses testified. A motion by counsel for the defendants to dismiss was granted after the state's witnesses had testified. No defense witnesses were called.

Leo Singer, Wisconsin Rapids, Route 1, and Leonard Disher, Plover, appeared before Justice Bate on Monday and changed pleas of not guilty to guilty on identical charges and were fined $25 each and assessed $2.77 costs each. They had been scheduled to come up for trial today with Ben and Alois Disher.

Arrest of the four followed a disturbance at the Feltz tavern in the town of Stockton on July 18, the same night Dominick Berna, Stockton, was fatally injured when struck by a car driven by Ben Disher. The driver of the car was bound over to circuit court on Monday on a charge of first degree manslaughter. He provided $1,000 bail today and was released from county jail.

Witnesses who testified at the trail in Justice Bate's court today were Clarence Zblewski, Ray Berna, Albin Berna, Ambrose Herrick, Ray Pezewski, Virginia Herrick, Eleanor Herrick, Martha, Meronek and Ed Matkey.

*****

Stevens Point Daily Journal

Friday, November 19, 1937

SECOND DEGREE MURDER CHARGE IN BERNA DEATH

Ben Disher Enters Not Guilty Plea and Furnishes $1,500 Bond

Ben Disher, 21, of Plover, Route 1, charged with being the driver of an automobile which on July 18 ran over and killed Dominick Berna, 25, of the town of Stockton in the front yard at the Paul Feltz tavern northeast of Custer, was arraigned in county court Thursday afternoon on a second degree murder charge. He pleaded not guilty and furnished bond of $1,500. Hearing was set for November 26.

A second degree manslaughter charge resulting from the same accident is also pending against Disher in county court. He previously waived examination on this charge and was released on $1,000 bond.

The second degree murder charge is punishable, upon conviction, by imprisonment from 14 to 25 years.

Berna was fatally injured when run over by a car which was driven around in circles on the tavern grounds, according to report of the accident at the time and also testimony subsequently given at an inquest.

The complaints against Disher were signed by Sheriff John F. Kubisiak.

*****

Stevens Point Daily Journal

Monday, December 6, 1937

Disher Given 1 to 2 Years In Green Bay

Ben Disher, 19, town of Plover, was sentenced by Judge Byron B. Park in circuit court today to one to two years in the state reformatory at Green Bay following his plea of guilty to a fourth degree manslaughter charge in connection with the death last January 18 of Dominick Berna, 25, town of Stockton.

Berna was killed when he was struck by Disher's car which was being driven around in circles in the yard of the Paul Feltz tavern following a fight among a number of youths who had attended a dance at the tavern. A second degree murder charge which had been placed against Disher in County Judge Byron J. Carpenter's court was dismissed last week when it was called for a preliminary hearing. Counsel for the defendant moved for dismissal of this charge because of the manslaughter charge which was still pending for the same offense. The motion was granted.

District Attorney A. J, Aschenbrener and Special Prosecutor Marvin S. King, of Wisconsin Rapids, who had been appointed to prosecute the murder charge, informed the court that their investigations revealed that Disher had control of the car the first time it struck Berna and that other men with whom Disher had been fighting prior to the time his car struck Berna were standing on the left running board holding the steering wheel at the time Berna was struck a second time.

W. E. Fischer, counsel for the defendant, told the court substantially the same story as the prosecutors. He also said there was some testimony given at an inquest into Berna's death to the effect that Berna had been on the running board of Disher's car prior to the time he was struck and killed.

The court gave the defendant until Saturday to prepare to leave for the state reformatory. He will be held in county jail until Saturday, when a commitment will be issued.

*****

Stevens Point Daily Journal

Saturday, December 11, 1937

DISHER TO BE TAKEN TO GREEN BAY TODAY

Ben Disher, 19, town of Plover, who was sentenced by Judge Byron B. Park in circuit court last Monday to serve one to two years in the state reformatory, was to be taken to Green Bay this afternoon to start serving his sentence. A commitment was signed by Judge Park this morning.

Disher pleaded guilty to fourth degree manslaughter in connection with the death of Dominick Berna, 25, town of Stockton, who was killed when struck by Disher's car, which was being driven around in circles in the Paul Feltz tavern yard last January 18.

Stevens Point Daily Journal
Thursday, July 25, 1940
Admit Damaging mail Boxes; Finer $25. Costs of $2.75
Stanley Hojnacki and Ben Disher, both of the town of Plover, charged with damaging mail boxes in the towns of Plover and Grant Sunday night, pleaded guilty when arraigned before Justice Ed Larson Wednesday afternoon and each paid fines of $25 and costs of $2.75. The alternative was 30 days in the county jail.

Stevens Point Daily Journal
November 21, 1961

Obituary

Ben Disher
A former town of Plover resident, Ben Disher, died Monday night at 8:45 at a Milwaukee hospital, following a year's illness.
He was 45 years old.
Mr. Disher was born in the Town of Plover on May 14, 1916, a son of Mr. and Mrs. Lawrence Disher. He grew up there, moving to Milwaukee as a young man.
In May 3, 1942, he was married to the former Evelyn Herkowski.
Mr. Disher is survived by his wife; five children; his mother, Mrs. Mathilda Freda, Town of Plover; five sisters, Mrs. Irv (Gertrude) Schlichting, Wild Rose, Mrs. Bernard (Anna) Shomberg, Madison, Mrs. Leo (Katherine) Wiater 109 Center St., Mrs. Nick (Francis) Wasielewski, Town of Plover, and Mrs. Tony (Evelyn) Brathovde, Milwaukee, and four brothers, Jack, John and Louis, Milwaukee, and Ted, 1904 Franklin St.
His father died in 1934,.

Obituary
Ben Disher
A former town of Plover resident, Ben Disher, died Monday night at 8:45 at a Milwaukee hospital, following a year's illness.
He was 45 years old.