Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1886-07-09
COURT PROCEEDINGS.
Continued from Last Wees Issue

Itlll came UP Q g meaning. Damage
TO- net canceling chattel mortgage. Ju
gy trial. Verdict far plaintiff.
Case Of Benz. Drake vs.. ] II Spear
Sheriff. Damages for foreclosure 81
chartel mortgage. Verdict for plain
tiff.
The case OF Ter. rs. Benz. i. Solomon
was called. 4 motion for change OF
venue was argued ard supported by
a1idayits, during The evening, but was
%overruled.
On Saturday morning She roll Of pet
it jurors was called, Court adjourned
until 9 o'clock Tuasday morning,
Court convened Tuesday, July 6, at
8 o'clock. Judge BARTLETT Tripp in tie
chait.
During sat, July ard, coly schell,
Matilda schell. Mary Linguist and
John j ingrist were lodged III the Jail
on an Indictment for murder; and, on
Tuesday Were dismissed at the request
Of the Dist. Attorney.
M. James c. Davis, formerly OF Ill.
was admitted to the bar Of the Cd Lu-
dicial District.
The remainder of Tuesday was spent
in i~inpaneling Il jury in the case of
Ter Of Oak. VS.. Benz. L. solomon. The
following are the %iurers:
NJ. Flint. S. ". Foster, +. L. Mes
NTH, j. r. Nelson; n. Murphy. j. II.
Daniel, ". L. Holden, Richard Rice, j.
A, Holcomb. NE. Heaton, Pat Con-
Ion, j. c. Johnston.
The attorneys for the Government
are Dillon and Preston, OF Mitchell, in
connection With y, Gunderson, our
District Attorney For the defence,
Messrs Judge Edgerton, Judge Wood
ruff, Goodykoontz, Null, ana y. II. sol
ONION.
Wednesday July eth 1856. After call
ing OF the roll the actual work Of the
trial began. DR.. j. c. Miller was first
called who testified II brief as follows.
l live at Waterbury, am a Physician.
On Nov. Is / found at the ranch of
Combs and Harris the body Of Peter j..
Rahbe, upon examination found a bull
ct wound in his right arm above the
elbow, one under the lett eye and at
the back Of the head showing
that the ball had passed through the
brain. and a third one between the 9TH
and 9th rib passing through the heart
and coming to the surface at the back
on the opposite side. 4 Post Mortem
examination revealed the fact that the
ball had passed through the left yentri-
Gle and right aurlrle Of the heart. lie
recognized the carbine, revolver, ENTITY
cartridge shell, a piece of pine2x4 about
= fl long and some clothes worn by
Rahbe as being those found at the
scene Of murder. He noticed blood
stains on the floor and one blood spot
on the palm OF the right hand. p. II.
Jones sheriff was next called and testi-
fed that he was of the first who
visited the scene. He found the body
OF P.J. Rahbe lying on the floor with
feet nea the door and head toward the
stove.
lie found the wounds described by Dr..
Miller and d blood stain upon the
right hand. MIR. j. a. Riegel testified
that the position of the body at the
time the prone arrived was nearly
the same as found by DR.. Miller. Geo.
n. Price testified concerning the posi-
tion Of the weapons found in the
house. Daniel Sleighter, Arthur Sykes
and Geo. llousner testified cnncerning
the unfriendly relations of Solomon
and Rahbe during life. t. Linus Blank
was next sworn and testified concern
ing the measurement OF the Combs and
Harris house the position OF the furni-
ture and bullet holes. There were
bullet holes found in the walls, one by
the carDine in the North wall. two in
East wall and one over the South door
made by q pistol. o. Z. Gaffin bore
testimony dis coroner in thecase. Peter
Nelson, Jesse N. Spears, CIV. McDon-
ala, w. s. Combs and John Eagan tes-
titled concerning the articles offered in
court as evidence. Drs. Melcher and
Matthias gave expert testimony in re-
gard to the wounds.
The case was continued at I.30 7. NJ,
by the defence. The prisoner was the
first On the stand. lie testified that
asterthe quarrel began, / pushed Rahbe
on the table Oh his back. Rahbe seized
the butcher-knife and [ sprang back
and seized the gun which stood III the
south west corner Of the room. There
was a premature Discharge. / dropped
the gun and went TO the bed in the
north west corner Of the room and col
g revolver from under the pillow
Rahbe stood on the bed both beds LAY
or the floor } in the opposite corner
With the butcher-knife in his hand
Rahbe followed me as / returned tc
the south end Of the room until l reach.
ed the door. when q ShoT from INV rs.