Bismarck weekly tribune., 1888-09-28
sTEINER's FATE.
The Steiner Murder Case is Called
and a Plea Of Manslaughter
Entered.
The Plea Accepted by the Court
Sentence Will be Passed
Next Tuesday.
General Court News-A Number of
Cases Dismissed Personal
and General Chaff.

Cases Dismissed-Personal
and General Chaff.
[From saturday's Daily.
Court News.
On the opening of court yesterday Dis
trict Attorney Hanitch stated that was the
time for the taking of the plea of the defend
ant in the case of the territory of Dakota VS..
Victer Steiner, on indictment for murder.
Steiner is the man who killed his fellow
traveller Stevenson on the Northern Pacific
train near this city. The defendant having
been brought into court he was asked by
the court if he was ready to plead to the
Indictment. John G. Hollembaek, attorney
for the defendant, stated to the court that
he had a conference with the district at
tOrney, and that the case of Steiner had
been the subject of much consideration by
them. He had also conferred with the
prisoner and his friends and believed that
with the consent of the court and the dis
trict attorney, the defendant should
enter a plea of guilty of modified or
lower offense than that specified in the in.
dictment. He then suggested to the court
that the prisoner tender plea of guilty
OF manslaughter in the first degree. The
court then asked the defendant; "Victor
Steiner, do you make that plea yourself ?'
to which the defendant answered in the
affirmative. Judge Rose then asked what
the district attorney had to say in relation
to the acceptance of such plea from the
defendant. Mr.. Hanitch said:
May it please the court; have had oc-
caslon to listen to the evidence in this case
the second time, once before the commit
ting magi Strate and once before the grand
jury. l have examined the authority upon
the rules governing the weight of testi-
mony Of tntoxlcation, and also as to the
premeditated design which the accused
must have in the commission of the Offense
before he can be convicted of the crime
charged in the Indictment; and am free
to confess here that there has always been
some doubt in my mind as to whether at
the time this man shot the deceased he had
so much the control of his mind, or of his
faculties, as to enable him to premeditate
the design to effect the death of the de-
ceased; but believe that am here simply
representing the people of this subdivision
and that it is my duty to come here and
attain for them that which they so desire,
and SO, when the counsel for the defendant
q day or two ago suggested to me that the
defendant would be willing to plead guilty
to the crime OF manslaughter in the first
jury being then in session, and they hav-
ing but recently examined all the evidence
In the case, spoke to the foreman of the
jury and the members of that body, of the
offer made by the counsel for the defend
ant, and they then fully discussed the evil
dence in the case, and have unanimously
advised me to consent that such plea be
l am safe in saying that it is the will and
sentiment of the community that the plea
of manslaughter in the first degree be &C
cepted in this case, and, with your hOnOr's
approval I consent that such plea be ell
tered and accepted"
Judge Rose then spoke as follows:
"This matter being one of great moment
to the public, and, Of course, to the defend
ant, I, myself, have made very thorough
examination of the evidence taken on the
preliminary examination, and am advised
by the foreman Of the grand jury that the
evidence before him was very nearly the
same; and taking all the circumstances ad-
duced by the evidence, and after an ex-
animation of the law, am satisfied that
justice will be properly meted out by ac-
cepting such plea. ! want to act with
caution and at the same time with JUS
tice to all parties concerned;
Therefore, The court approves that the
plea on the part of the defendant may be-
accepted on the part of the territory"
The court then set Tuesday, September
Is, 1888, as the day on which the court will
pass sentence.
OTHER COURT NEWS.
The jury in the case of Dunkelberg VS..
Nichols, ct al, having been out over night,
came in and through their foreman, Mr..
Glitschka, stated that they were unable to
agree. The court asked if the jurors had had
breakfast, and finding that they had,
thought they had better retire for further
deliberation. The jury again came into
court just before noon recess for q
evidence and, having ascertained the same,
again retired. At O'clock p. m. the jury
again came into court, and upon the state
ment of Foreman Glitschka that the jury
In the case of Frank B. Allen VS.. Robert
s. Feagles and Mary 81. Feagles, by agree
ment Of counsel, the court cOnsenting, the
case was continued over the term.
The Merchants national Bank of Bis
marck VS.. John A. Mclean ana Alexander
Cameron, as Mclean & Cameron, and
John A. Mclean. was brought up on mo-
tion for continuance by Mr.. Hanitch, at
torney for plaintiff, upon affidavit Mr..
Hollembaek opposed the motion. The mo-
tiOn granted and was continued until the
first day of the March term, 1889, upon the
payment of $25 by plaintiff to defendants
attorney.
The case of Frank j. Call VS.. Charles
DuncOmb, was by agreement of counsel
continued until next term.
In the case of Timothy w. Griffin vs.
Guilf0rd Z. Burdick, attorney for defend
ant, Mr.. Winchester, made motion for con-
tinuance. Motion denied and case set for
trial Tuesday, September 25, 1883.
The greater part of the afternoon was
TIA ne Of the
nation Of the court in passing sentence
upon the defendant, who pleaded guilty Of
manslaughter in the first degree.
In the old cases of Territory VS.. VIM.
LNNct FNn,p, s%<,,~ Il 49,