The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1892-12-23
TT Is ENDED.
The Trial of Martha Kuester Comes
to a Sudden Termination.
She Changes Her Plea to That OF
Guilty of Murder in the
Third Degree.
The State Consents to a Proposition
Made by the Defendants
Attorneys.

Attorneys.
The trial of Martha KueSter, on the
charge Of murder in the first degree,
got no further than the drawing of
nine jurors, which was completed at
noon, as stated in another column.
After much consultation and delay,
court convened at three o'clock this
afternoon, and the prisoner appeared
before the court with her attorneys
and accompanied by her brother,
who has been spectator of the pro-
ceeds for the past two days.
Mr.. Pau addressed the
court, saying the attorneys
of the prisoner have fully
considered the matter and have talk
ed with her and with her people and
have come to an understanding with
the attorneys for the State, whereby
the prisoner would withdraw her plea
of not guilty to the charge of murder
in the first degree and would enter a
plea of guilty to the charge of murder
in the third degree. Perhaps it was
little tardy to ask the court to con-
sent to this at this stage of the trial,
but the matter had given the prison
er's attorneys much trouble and re-
quired careful consideration. They
were satisfied that the prisoner should
not be punished for the crime charg-
ed in the indictment, but they were
not satisfied to have the pisoner 90
free. They thought tha6 it would be
for the best interests of the state that
the faction agreed upon should be
taken.
Mr.. Childs for the State, said that
since coming to Mankato he had be-
come conversant with the facts which
the prosecution rely upon. He was
convinced in his own mind that the
proposition Of the prisoners attor-
neys should be accepted, and believed
that substantial justice would be sub
served by such course.
Judge Severance asked the prisoner
if she wished to withdraw her plea of
mot guilty" At first she did not
understand the question but when
she comprehended it she answered
that she did, She said that she
understood the consequences She
asked that the jury be discharged,
which the court permitted. The
court permitted her to withdraw her
plea, and asked her what she now
pleaded. She did not understand the
question until Mr.. Pau explained it
to her in German. She then pleaded
guilty to murder in the third degree.
She said that she understood fully
what that meant and that the pnn-
ishment might be thirty years impris-
Onment.
Judge Severance said that he would
not sentence her today, remanded her
back to jail, and discharged the jury.
The penalty for murder in the thifd
degree is not less than seven nor more
than thirty years imprisonment.
Considerable negotiation preceded
the agreement between the state and
the defense. The attorneys for Mrs.
kuester yesterday morning made
proposition to the state that the pris-
oner should change her plea, and this
was accepted. In the afternoon,
when the matter was to be attende d
to, they added a proviso that the pris-
oner would do this in case the state
would permit Giefer to plead guilty to
murder in the second degree. The
state would not do this and this morn
ing Pfau & Young dropped that, but
wanted the State to asa thecourt not
to sentence the prisoner for longer
than seven years. This afternoon the
time was raised to twelve years. but
the State did not yield.
The reason why the State accepted
the proposition was the fear that the
jury might be influenced by the in
sanity defense and acquit the prison
er. This was quite probable, and
therefore the course of the State was
perhaps for the best interests of So
ciety, as it was felt by everyone, the
prisoners attorneys not excepted
that she should be confined some
where and not given her liberty.
The trial Of S. j. Hober on the
charge Of rape comes tomorrow, to be
followed by the trial of John Phillips,
charged with stealing wheat
Frank Geifer's trial was set for
Tuesday next.