The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1888-10-06
FELIX ORsINGER's RELEASE.
Judge Stipp Admits Him to bail FIXING
the Amount Mt $4,000. The Proceed
ings.

81
the Amount Mt $4,000. The Proceed
ings.
Felix Orsinger, charged with the killing
of Henry Wagner. was released upon furnish
ing $4,000 bonds, on Saturday afternoon.
His attorneys, Duncan, O'Conor & Gilbert,
filed petition for writ Of habess corpus
on Wednesday, and Judge Stipp granted
hearing on Friday afternoon, which lasted
until Saturday noon.
The testimony Of Orsinger and Mrs. Wag-
nsr, and Of the physicishs who held the
post mortem examination, constituted sbou,
oil the evidence Of Importance. One witness
was drunk.
II WAS developed that Wagner came to bis
death from fall or the shock Of blow. and
not from kicks or great bodily injury. Or
Ginger had been away from homo for six or
eight months, and on his return fousd that
his father and Wagner. both Of whom con.
busted bakery establishments, we're at logger
heads, the elder Orsiuger accusing Wagner
Of interfering with his bakers and attempt
ing to induce them to leave him. When
young Orsingsr heard of this, he became
greatly angered and wen. over to Wsgner's
place Of business to, As he claims, remon-
strste with him. At this point the stories
of Orsinger and Mrs. Wagner differ mater.
tally. He says that he asked to see Wagner
and stood In the center Of the room when the
latter appeared. T. Seeing him, Wagner called
him, Q vile name and went back into the
bakery, procured knife and walking up to
him, repeated his vile language and threaten
ed him with the blade. He went out but
soon after went In again and they came TO
blows, he losing his hat in the scnffle. He
then went out with pound weight in his
hand and Wagner closed the door, but he
went in again to get his hat, and Wagner
struck at him; he returned the stroke and
Wagner turned half way around and fell to
the floor, after which he picked up his hat
and went away. He did not strike Wagner
with the weight, and Mrs. Wagner, who was
struck in the mouth by him, in the first
scufie was not present at the last meeting.
Mrs. Wagner testified that he came into
the shop and when Wagner appeared grasp
ed him by the throat and choked him, call
ing him vile names. The second time he
came In he struck and kicked Wagner in
brutal manner, and again went out. Wag-
ner then placed his foot against the door,
but Orsnger pushed it open Notwithstanding
his opposition, and rushing in, knocked him
down. He never arose again, but Orsinger
came in fourth time and got his hat. She
tainted during the examination by Mr. Dun
can.
Mr. Duncan maintained that as Mrs. Wag-
ner had not testified to being in the room at
the coroner's inquest, her testimony could
not be considered that there was no pre-
meditate1 plan of murder In the mind Of
young Orsinger, and that if the man had not
died, as the testimony of the physicians at
the inquest shows, Of causes other than the
blows, il could not be described as anything
other than a IL ere assault. The act could
not have been called an assault with intent
10 kill, if the man had lived, According to
the constitution the man was bailable under
these circumstances.
Mr.. Moloney followed Mr.. Duncan. He
said that the proceedings we're unusual and
unnecessary. The only reason why trial
had not been had in the case was because
the counsel for the prisoner did not desire
il, who had now come into court in order to
have the court pass upon the degree Of guilt
of the accused, so that II might have inau
ence with the jury when the case is tried.
Orsinger was as deep william as ever sat in
a court room. He had no business at the
store Of Wagner when he knew the relations
between the families were strained. When
he was ordered out the first time he had no
right to come in again. 1t was clear case
of murder, and Jury should be the judge
of the law and the evidence. The Court
should not grant the petition.
Mr.. Duncan opened his closing argument
by stating that Mr.. Moloney had taken a
mere film Of truth and had woven II into
base fabrication to attempt to influence the
Court.
This caused q wordy war between the gen.
tlsmen. which was stopped BY. the Court.
Mr.. Duncan thought that the testimony as
far as it had gone, was insufficient to hold
Orsinger without bail, and that $4,000
bonds could be furnished.