St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-12-04
A HUSBANDS STORY.
Attorney Erwin Begins to
Show His Hand in the Ko-
ran Murder Trial.
Self-Defense, Uncomfortable
Impulse and Insanity Are
Set UP.
Koran Tells the Court of His
Wife's Intimacy With
WeiSser.
Her Conduct Drove Him From
Home and Made Him
Ill.

killing OF MOflLZ IL. w 0lSSer is DoSeQ on
the three general principles of self-de-
Tense, uncomfortable impulse and ac-
cidental shooting. The state rested its
case yesterday forenoon, and the de-
Tense began its evidence by placing the
defendant OH the witness stand. The
history of Koran and his family trou
bles, as we'll as the intimacy of
Mrs. Koran with Weisser, were gone
over. A few minutes before O'Clock
MIR. Erwin stated that he had got up to
the day of the shooting, and did not de-
sire to go into the scene that resulted
i'll the death Of WeiSSer for the few mo-
mentS remaining, but wanted to COM
plete the examination in chief OH that
point without being broken into by
recess of court. Judge Otis then adj
Journed court until this morning. The
galleries were crowded yesterday, and
as many people were in the court room
as Deputy Sheriff COnroy could accom-
modate with seats. During the opening
speech of Mr.. Erwin and the testimony
of the defendant the spectators and
jurors gave very close attention to every
word said.
At the opening of the morning session
the state resumed It's evic~nce by call
ing Albert Brown, of Saltwater, to the
stand. lie is cousin of Mrs. Koran,
and boarded at the house. He left The
house five minutes before the shooting
to 60 to the butchers for meat. Rosa
ran to the step and told him about the
shooting. He went and brought a
doctor. after going to the house. On
his way back he met Koran. accom-
panied by Daniel Cook, and proceeded
with them to the police station Mr..
Cook told him that Koran had shot
WelSser, and wanted to give himself up.
They met policeman, to whom Koran
said he had shot a man, and handed
HIN his revolver.
Officer Val KrusZewsuki testified that
Koran told him he shot man, and
handed him a revolver. He asked him
what man, and replied, you know"
When asked what for he again said,
you know" He said he shot him but
once. The revolver was identified 10y
the officer.
Mrs. Francis Brown, of Saltwater, an
aunt of Mrs. Koran. testified that Koran
told her ten days before the shooting
that he would kill WeiSSer. He wanted
her to go to his wife and make peace
between her and her husband. Upon
croSs-eXamination she said that Koran
told her he had seen WeIsser come out
of his wife'S room, and had
A Fight With Him
and struck him with a chair. On direct
examination she said Koran told her he
had been advised at the police station to
shoot WeiSSer.
The state rested shortly after IL
O'Clock a. m, and Mr.. Erwin arose to
address the jury. lie had not concluded
his opening at noon, and at 2 o'clock re-
Sumed his address.
MIR. Erwin outlined the defense, re-
viewed the circumstances leading up TO
the shooting, and entered upon an eX-
hauStlVe explanation of homicide and
the several distinctions relative thereto.
He resOrted to logic of a high order in
his distinctions of offenseS and juStifia-
ble killing. as we'll as mans moral and
civil accountability. He asserted that
society makes arbitrary rules for
the government of mankind. The
divine law implanted in man the ele-
mentS of preservation of himself and
family. 1t hedged him about with
feeling of anger to give him protection
from the wrongs of others, and making
him a compact ball of defense. The
civil law gives man no right to defend
his family from abuses, and where the
civil law gives husband no redress for
his wrongs, the husband and father
should be permitted to redress his own
wrongs. The law permits the defense
of homicide by plea of madness or in
sanity. In defining homicide, he said the
law allows the killing in some instances,
III other instances it commands the
killing and in other cases it excuses the
killing. In prohibiting other killings it
distinguishes between the grades of un-
lawful homicide. All distinctions in
the law books are made as to killing in
f no &c in,
hot blood. under provocation, the Of
Tense is only manslaughter and not
murder. On this point the jury was
| told that the law must be taken from
| the court, and the speaker only stated
the distinctions for the purpose OF set
| ting the matter before the jury so that
| they might use the distinctions in hear
! ing the evidence.
Mr.. Erwin reviewed the testimony
| that he proposed to introduce. He would
| show that WeiSser went into the home
! and broke up its peace, and caused the
wife to violate her marital duties, and
| brought disgrace and shame upon the
family. Mrs. Koran was intimate with
| WeisSer and refused to be wife to her
| husband. She drove him from his home.
| Koran had, on June 20, found his wife
| and WeisSer together in compromising
| situation, and had hit Weisser with
chair. Several persons had before that
| told Koran that his wife and WeiSSer
were intimate. On the
Day of the Shooting
| Koran came from his work at Minneap-
| oils and went to his brothers. first He
| then went to his own house to take a
bath. He had put his revolver in his
pocket to keep it away from his
brothers boy, and did not expect
| 10 10 hnnpa iy,f f,o
| of peace. He met his daughter Rosa
and the little Weisser girl OH the
| way and kissed them both. He
| told Rosa to ask her mother for hot
water as he wanted to take a bath
When the child told the mother she
said nothing. He passed into the kitch-
en- and saw Weisser sitting near his
wife. He ordered him out of the house.
He refused to go and looked desperate.
1t will be shown that Weisser made a
motion as if to draw; as Koran sup
posed, a revolver. Koran drew out his
revolver, and Mrs. Koran, grabbing
him, the revolver was accidentally dis
charged, but the defendant did not
then know that he hit Weisser.
Mr.. Erwin asserted that the defense
would be insanity, self-defense and ac-
cidental shooting. He claimed that
Koran, knowing of the adulterous in
tercourSe of his wife with WeiSSer. he
could not have been in cool blood at the
time of the shooting, because his reason
was overcome, and the whole field of
murder is swept away. On the claim of
self-defense, it is asserted that Koran
believed that Weisser was about to
shoot him. If this had happened ON
the street, the law would have required
| Koran to retreat before firing, in case he
inclined to shoot, but it don't require
him to retreat one inch in his own
house. He had a right to point his re-
vOlver and to fire it if necessary. As
to the other defense of accident. MrsEr-
win argued that his wife grabbed the
pistol and it was accidentally dis
charged. In such case the defense of
excusable homicide comes in.
The nature of the circnm-
| stances surrounding the matter