Griggs courier. (Cooperstown, Griggs Co., Dak. [N.D.]) 1885-1902, 1893-05-26
The KcI.bcI. Case.


der under an Indictment brought III oy
ths grand jury occupied the whole time
Of the court Thursday and Friday last.
Dr's. Kerr and Bcrgstrom. W. "A.
Baker. VIM. Saar. Fred Lilly and others
were put on the stand, and each one
testified to having been at kerbers
shanty right after the affair had taken
place and gave their views OF the matter.
Kerber was put on the stand and his
story was bnt u repetition of the one he
told the COURIER reporter last Decem'
ber, and is substantially as follows: IL
first saw Zobak the 10Th of August 1892,
he came to my place and asked for Il
lob; I told him / did not need man,
but if he would stay with me through
harvest would give him $3.50 per day
and board and he stayed. After har-
vest offered him Il home through the
winter and l would give him his board.
Ivave 81. so for nineteen days and
. half through harvesting and stacking.
Iueyer knew him before he came to
NV place; he was Bohemian and talk
ad German. We always talked in
German l was at Cooperstown on the
Goth of Nov. last doing some trading
aud buying lumber to fix up my grain
ary and had about 1928 after paying my
bills. k.pt my money in my trunk
when T was mt home and when / went
away toek it with me. Zobak knew
had tho money because showed it to
him. It was about 8 o'clock when l
got home from Ceoperstown on the
Goth and he helped me unhitch and was
Very friendly; after supper we smoked,
and he wanted to know if I had collect
ed that money and told him had.
We went to bed about nine o'clock, we
both slept together, he at the back side
of the bed and l at the front side. He
weighed about 235ibs and. weigh
106hs. We were always on friendly
terms. He got up first on the morning
of the 30th; we generally got up about
8 o'clock, but this morning Zobak got
up about o'cleck. 1 was awake wher
he got up and asked him what he wal
in a hurry for, and he said, "Oh, I hav,
got to get up and 60 to work." and h
got up and went out. He was only
gene minute or two. l asked him Il
build fire and he did so; 1 did not ew'
him any money. After told him te
light the fire he picked up the hatche
and chopped up some wood and shaw
ings and lit the fire. I was lying on tn,
front side of the bed with my face t
the wall, and in about three or fou1
minutes the first thing I knew thu
hatchet struck my face and I said eel
God sake, John, what are YOU dolng!'
He said "give me the money, I am 60
Ing away" and 1 says 'for God sake
John, don't kill me-" rose up in bee
and he struck me on the front of thu
scalp, The bed breks down in the strug
gle and got on my feet and got on tn.
floor and tried to grab HIM and he wa!
striking with hatchet all the time, bu
the ceiling was low and he missed me
/ finally succeeded in getting hold ol
the collar of his shirt and in the strug
gle we knocked the stove pipe down
and he tripped up on the pipe and fel
behind the stove and choked his winl
of and took the hatchet away from
him. He then begged for his life ane
said he had wife and children, and
answered "se have l." Twas afraid t.
let him up aud finished him." This il
substantially his statement of the affair
It was indeed horrible and ghastly figh
and ~ Kerber is the only living witness
and he told pretty straight story ant
the prosecution did not succeed il
breaking him np any, his story will
have to be believed. At the close o
the testimony on both sides. Attorne,
Glasspell, who represented the defend
ant, nskc" tho court to instruct the jur,
to bring in u verdict of not guilty 70
lack Of evidence. The court 50 instruct
ed the jury and they retired at