New Ulm weekly review. [volume] (New Ulm, Minn.) 1878-1892, 1885-10-21
Doings Of the District court.


Doings Of the District Court.
/ A,idreas Seslner AQuisted.
The October term Of the DISTRICT
i Court, which convened ID this city on
Monday of last week, is making pro-
i gress slowly. Only two jury cases were
passed upon last week. The first case
tried was that of Geo. Raverty VS.. ID. A.
Gibbs ct ais. The case was called on
Monday afternoon and continued until
Wednesday noon, when it was given to
the jury. Lind and Hagberg conduct
ed the case on the part Of the plaintiff,
and j. NJ. Thompson appeared for the
defendants. After an absence Of about
six hours the jury brought in verdict
for the defendants Of mo cause of ac-
/ t1on.' This was the celebrated town of
Home road case and the findings of the
jury opens the road to the public beyond
all dispute, and will also result in a
saving to the county of several thous-
and dollars.
The next case tried by jury was that
of the State of Minnesota Us. Nicolas
Metzen, the defendant, Nicolas Metzen,
being accused of driving glandered
horses on the highway. This case has
been pending for a long time and has
been continued from term to term, on
the motion of defendants attorney. The
case was called after the MONDAY recess
Wednesday and continued until 5. pm.
Thursday, when 1t was given to the
Jury. County Attorney Somerville ap-
peared for the State and F. L. Randall
for the defendant. The case was very
ably conducted on both sides, and when
the jury retired it was matter of con-
siderable conjecture with the large
audience as to the nature of the verdict.
| We understand that on the first ballot
the jury stood for conviction, 5 for ac-
quital and two not voting. About l a.
NJ. Friday word was passed to the
bailiff in charge of the jury that a
verdict had been agreed upon. The
Judge, defendant and the attorneys in
terested were hastily summoned, and at
1.30 a. m. the jury marched into the
court room and, in answer to the usual
question, announced that they had
found the defendant guilty.
The court has not yet passed sentence.
We are informed that this case has cost
the tax payers of the county four dollars
less than $500.
The grand jury having found an in
dictment against Andreas Sellner for
manslaughter in the second degree, he
was brought into court about $40 p. M.
Thursday to plead. He entered plea
of mot guilty." and the court at once
began the task Of impaneling a jury.
Assistant Attorney General f. NJ. Card
and County Attorney Somerville APP
peared for the State, and Hon. John
Lind, j. M. Thompson, Col. Francis
Baasen and G. A. Hagberg appeared
for the defendant. When half of the
regular venire had been exhausted,
three jurors had been obtained, and al
$3.50 p. m. the court took recess until
a. m. Friday. At the opening of the
court on Friday the court room was
comfortably filled with spectators. The
court consumed two hours in complet
ing the jury, and at II o'clock Co. At
torney Somerville began an half hours
r address to the jury, on the part Of the
State. At 11:30 the court took a re-
cess until 1:30 p. M. 1t becoming gen
: orally known that the examination O
: witnesses would begin at the assemb
, ling of court in the afternoon, when thu
court was called to order more thar
the usual number of spectators were
present. among them several ladies
8 The examinations on the part of thu
D State were conducted by Mr.. Card ant
for the defense by Hon. John Lind ant
j. M. Thompson. The first witnes!
: called for the State was Coroner Lau
: denschl@ger. The son of the deceased
and the several other parties at tn
time of the shooting at work in tn,
: field adjoining that of the defendant
were next examined. The burden o
the testimony was that about o'clocl
p. m. Wednesday, July 20, 1885, Chris
tot GrGbner came into the field of wit
nesses, bringing some lunch and bot
tie containing whiskey; that after re
naming short time he started, appar
emily, for home, taking the whiske,
: bottle with him (the whiskey had beef
i drank by witnesses and Grebner); tina
some of the witnesses heard the fata
shot, but did not know from whence
: came; that Martin Hose informed then
u of Gr9bner's death about three quar-
y tiers of an hour later, and how the,
found his body lying in Sellner's field
with a bullet hole in his head and tn
whiskey bottle on his left side. Tn
revolver was produced in court by dep
s u1y sheriff Gales, to whom defendant
0 gave himself up. DR.. Marcellus CAV,
, some expert testimony and produced
: portion of the ball which he had extract
ed from Grebner's head. The doctor
also testified that death must have beel
s instantaneous. Mrs. Martin Hose tes
tilted that about Z Q; clock p. m. on tn
day afore named, defendant drove VI
:. to her house with his self binder; tina
( he was greatly excited; that he aske'
. for Mr.. Hose, and being asked til
) cause of his agitation said: 20, God
Christof came into my field and wante'
!, TO quarrel with me. I told him to g
\ away and leave me alone. He wouldn'
do it, and shot him. o, God! sup
= pose they will hang me; but might a