The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-01-14
Urban Mosier is Found Guilty Of
Murder for Killing Fritz
Brettinger.
The Crime Committed at Cokodale
During the Month OF
November.
strong Circumstantial Evidence Against
the Prjs0ner-No Evidsaes IntrN-
duced for the Defense.


duced for the Defense.
LIVINGSTON, Jan. 13.-[SpeciaI. THE trial
of Urban Mosier, for the killing Of Fritz
Brettingcr at CokedaIe, last November, was
begun in the district court here before
Judge Henry, Monday morning. The
court room WAS packed to the doors all day
with eager spectators, among whom wero n
few ladies, who were attentive observers OF
the proceedings. The prisoner when
brought into court, WAS shown seat imme-
diately behind his attorneys, Messrs. Sav-
age and Day. and remained there almost
motionless all tie time of the trial.
He seldom moved his head sideways and to
the spectators in the rear appeared to be
looking straight before him. His eyes,
however, would roll restlessly around. and
show his intense interest In the proceed
ings. Shortly after court convened, his
wife, who moved to Livingston few days
after her husbands arrest, and has been a
daily visitor to the jail, walked into the
court room and down the long center aisle,
carrying an infant in her arms and leading
another small child by the hand. She took
@ seat near her husband and there re-
mained all day. occasionally going
into Sheriff Templeton's Office adjoining
to hush the crying of her babe.
The entire forenoon Of Monday was con-
sumed in selecting jury. County Attor-
ney Allan Il. Joy Immediately after court
opened in the afternoon began to Addrefs
the jury, after which the examination OF
witnesses was begun. Nearly all of tho
witnesses, as we'll as the prisoner and his
wife, are Austrians or Germans and cannot
speak intel1igently the English language.
County Clerk Deutsch was sworn as inter.
prefer.
Four or five witnesses for the state all
testified to about the Same story: That a
| number of friends had assembled in q
house on Sunday afternoon, Nov. 16, last,
in Co kedale; that they drank beer and were
all feeling pretty good, when three or four
Of the number got into a quarrel, aud
among those were Fritz Brettinger, the de-
ceased, and Mosier, the prisoner; chat Mo-
sier pulled a mans nose and BrettinQer
pushed him out of doors for The insult Il, a
friend. One or two witnesses testified that
Mosier stated that he did not caro-
il he died that night; that he belonged to
| two lodges and his family would not suffer;
that shortly after Mosier left the party Q
shot crashed through the window and soon
another which pierced Brettinger's brain
and he fell to the floor dead. The testi-
mony of Under Sheriff jackson, who AZ
rested the prisoner. it was supposed would
be very important, but much of what Mo-
ho6 ooi1 k~h i>l
The second day of the trial opened With
the prosecutions witness. Rusemer, on the
stand. This witness detailed the loanina
of gun to Mosier and belt of cartridges.
He also produced the belt and stated that
| it was in the same condition AZ when he re-
ceived it from his wife. who brought it from
Mosier's cabin two days after the killing.
County Surveyor Cappen produced plat
| Of the scene made by him. He had gone TO
the cabin and, sighting from the point
where the bullet had entered the wall
| through the hole in the window, the farther
point visible on the line would be point in
front of Mosier's house. some go feet away,
This line passes within twelve inches
of house standing near the cabin where
the dead man lived. The ground was such
that man standing anywhere along the
imaginary line drawn by the surveyor could
have fired the shot. The line was drawn
| without reference to the DETECTION of the
bullet after striking the window. Frank
Bender, ranchman living between Coke
dale and Livingston, testified to the fact
that man whom he identified AZ the de-
fendant called at his house the morning
after the killing and asked for breakfast.
He appeared to be excited, but might have
been only cold. Downer, a neighbor es
Bender's, also testified to a mans calling
at his house for breakfast, but not being
able to fix the date. most of his evidence
was ruled out. The prosecution then rested
and the case was adjourned until afternoon.
On reassembling at 1870 the defense de
clined to offer any evidence and the court
directed the argument to proceed. County
Attorney A. Il. Joy argued for the state and
reviewed the evidence thoroughly. He
talked fully an hour and q half. He ad-
mitted that the evidence was mostly cir
cumstantiai, but claimed it was of the
strongest kind. Following him Z. G. Day
addressed the jury for the defense. HIS
claimed that the prosecution had not prov
cd beyond reasonable doubt that the
| prisoner WIN kuiity uItu eApiuIucu tubt tulh
they were required to do. He spoke Of the
solemnity of the occasion and what il
meant to the prisoner to be found guilty OF
murder. His plea was a strong one and un-
donbtedly saved the neck of his client, al
thSso are but few people who believe the
prisoner innocent. Prosecuting Attorney
Joy then made his closing argument.
Judge Henry instructed tie jury and they
retired before five O'Clock. Court then
adjourned. II was about eight O'Clock be-
fore the jury arrived at verdict and the
news soon spread. BY the time Judge
Henry had arrived in the court room there
WAS quite a crowd and q few minutes lateS
the jury filed in and the foreman handed up
paper. which the judge carefully read and
then handed to Clerk bailey, who an
nounced that Mosier had been found . ny
of murder in the second degree. iMsre
was deathiy stiffness in the court for y
moment. The prisoners face twitchsd and
he twice rolled his eyes towards his attor-
nsv, Mr.. Day, who sat near him, and then
settled into that stoical IN iifferencs which
| he has shown all during tue tr ale The evil
dence in the case. though most cirr'
| ,..rsssI v,isiulv s,ointAd To MOsloP ns fAl