Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1893-05-20
CIRCUIT COURT
The Messenger Case Excites Great Deal
ofInterest and the Jury Convicts.

, The Messenger Case Excites a Great De
ofInterest and the Jury Convicts.
The trial of George Messenger for IN
attempted killing Of l.. b. Reno, at Bu
faio Gap. on the 9Th Of April, this yea
occupied the attention of the court du,
ing the sessions of Saturday and Mon
day last. Very little difficulty was ex
perienced in securing a jury, as no
much attention had been given tn
case prior to the trial. The jurymel
were f. Fl. Smith, John Twining, God
fred Spring, Chas. Connel, r. II. Rich
ardson. Theodore Bock, Frank Meeker
&. 5. Manahan, f. p. Thompson, w. VI
Alexander, w. III. Acker and l.. Kirk
The prosecution easily and clearly
proved the shooting on the part of tn,
defendant and that the only reason Re
no was not killed was that the cartridg,
was differ mt in calibre from the weapon
which was used. These facts were ties
tiffed % By the complaining witnes.
and number Of others who witnessed
the affray. The state rested Just before
the Saturday noon adjournment. The
defense did not attempt to deny the
shooting but pied temporary insanity
caused by the defendants belief that
his wife had been BETRAYED and his
home broken up by the complainant,
Reno. Letters written to the defendant
by his little nine year old son. and the
defendants knowledge of fReno's conduct.
were offered in support of this line of
defense. The defense rested at O'Clock
p. m, and Reno was called TO the stand
by the state, for the purpose of rebut-
ting the evidence introduced by the de-
fense. He was still on the stand when
court adjourned Saturday evening, and
was recalled Monday morning. The
last witness was excused jnst before
noon Monday. The greater part of the
evidence introduced in behalf of both
the state and the defendant was too
disgusting for publication in detail.
Nothing equal to it was ever before
listened to in Custer county court of
justice, and it is to be hoped that repe.
tition of it or anything similar to 1t will
never be necessary.
b. r. Wood made the opening argu
ment for the state, was followed By II.
ID. Reynolds for the defense and States
Attorney Porter made the concluding
plea. The charge to the jury by the
court was not lengthy, and at 10 o'clock
the trial was ended. Thursday morn
ing at 10 o'clock the jury arrived at a
verdict after deliberating over it for two
lays and three nights. The defendant
vas found guilty as charged in the in
iictment, The jury reported also that
TIT .ufSstngcf case Sas reIfFaf Asfufe'
one and will long be remembered for
two reasons, viz: the character of the
case, and the fact that the jury finally
agreed after disagreeing for ffty-one
hours. w. G. Porter, states attorney,
the case with characteristic
vigor, and was ably assisted BY B. r.
Wood, of Custer, and f. r. JucHett, OF
Buffolo Gap. H. D. Reynolds, appoint
ed by the court TO defend Messenger,
made as gallant fight for his clieut's
liberty as was ever witnessed in a court
room. His impassioned and eloquent
plea. over two hours in length, was
fitting climax to his untiring efforts to
secure the defendants acquittal. From
opening to close every point in the case
was bitterly contested, and a crowd of
interested spectators was constantly in
during the progress OF the
trial. Before the case was called it was
generally considered foregone conclu-
sion that Messenger would be convicted,
but as the trial progressed decided
change in public opinion was manifest.
sympathy for the prisoner was awaken
ed, and the great majority of those who
listened to the evidence were conyinced
that the result would be either an ac-
ouittal or a mis-trial. Hence it was that
the verdict created not a little surprise
and in many instances genuine regret
From the time the informal ballot was
taken Monday night, until Wednesda y
night the jury stood eight for convic
ton and four for acquittal.
The case Of Chas. Castner VS.. James
Doran came on for trial Tuesday morn
ing. Plaintiff sued to recover for ser
vices as farm laborer and jury founC
for him in the sum of Sll.00.
August Berger vs.. f., + x NJ. V. Il. K
Co. Attorneys for plaintiff stated to tn
court that material witness could no
be present owing to serious Illness u
his family, and asked that the case b
continued for the term. Continuanc
granted.
Laura v. Smith VS.. Jas. Sutterfeld
This case was partially tried before th
court and then postponed until jur
cases were disposed Of
The grand jury made its final repo'
Wednesday y. IN. and was discharged
Owing to the fact that number of tn
parties indicted have not yet been nj
prehended the report of the jury Is nj
made public, but it Is understood thu
nine indictments were returned an
five case which were considered, di
missed. The only two indictmen
which are public property at presei
is one against Geo. Messenger, reporte
last week, and Lewis Allen, who wi
charged with defacing brand with II
tent to defraud.
Emma Keller vs.. Chas. Hetheringto
Plaintiff claimed half interest in CO
tain personal property which defendal
had in his possession, and sued to
cover the same. Jury found for plain