St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-06-29

saving the neckS OF their ellen Is, ana
are using every effort to convince Judge
Kerr that there are such eXtenuating
circumstances as will warrant atesser
sentence than hanging. The sentence
of both men Will. doubtless be pro-
nounced this morning. The attorneys
for Ermersch have been interviewing
the jurors, with a view OF inducing them
to recommend life imprisonment. The
attorney for Wonnigkeit is making a
strong effort to show that he is pos
sessed OF low order OF intellect, and is
subject TO delirium tremens. or: Is a
hereditary dipso maniac. Judge Kerr
apparently has his nervous system
strung up to high pitch over the stu
alton, and feels the responsibility of
passing sentence upon two men who by
their own stories have committed cold
lam Lindhotf on the night of May 2 in
the saloon at the corner of College ave-
nue. and Wabasha street.
Wonnigkelt was taken before Judge
Kerr yesterday afternoon for sentence.
A large crowd of people crowded into
the court room. expecting that sentence
would be pronounced. County Attorney
Butler moved for sentence. F. E. En-
cell, attorney for Wonnigkeit, was given
an opportunity by Judge Kerr to pro-
duce anything he had in mitigation of
sentence.
Mr.. Encell then proceeded to read at
fidavils signed by two physicians and
the mother and sister Of the prisoner.
He stated first that ne had been unable
to get physicians to make all examiua-
ton and come into court without pay
ing them expert witDess fees. and did
not bring the mother into court because
of her nervous condition. and the fur
ther fact that she is all ignorant woman
who does not understand English.
The a ffidavit of Adeline Milhausen.
the mother. reciteG that her son was
born to her by former hus band at Ber-
lin. Germany. The father of the boy
was Julius Wonhlgket. He was an
habitual druukard and died with de-
lirium tremens Aug. ID. 1882. Franc
Wonnigkeit, an uncle of the boy, was
also an habitual drunkard and died with
the same disease upon the same day.
The grandfather was also an habitual
drunkard and also died from deliriu m
tremeDS. She also made oath that the
defendant was hard drinker and was
subject to frequent attacks of delirium
tremenS. He often had epileptic fits
and would fall down and not respire for
three minutes at time and would be
unconscious for hours at time. He
was of morose disposition and was
often violent to intimate friends and be.
sides showed righteousness. His edu.
cation was impossible because of his
condition.
Florence Wonnigkeit, the fifteen-year-
old sister, made affidavit to the same
state of facts as the mother.
DIR. James P. Markoe made two affi-
davits.. One stated that he had made
physical examination of the defendant
in the county jail on May 25. He found
Wonnlgkeit imperfectly developed
mentally and of low moral responsible
ity, and was of the opinion that he was
easily led astray.
In the second affidavit an opinion was
given. based upon the affidavits of the
mother and sister. The purport of this
opinion is that the boy is a hereditary
dipsomaniac and haS morbid pro-
pensity for inioxicants, and has dis
eased mind. The disease of delirium
tremenS makes him irresponsible for
his acts. The probabilities are that he
may have had an attack of deIirium
tremens day or two before the muir.
der, which would render him irresponsi-
bic for the act.
DR.. G. +. Miller examined the boy in
the county Jail on May % and %. His
head was measured and found to be
unnatural, and it indicated weak
brain, low order Of intellect. HIS moral
status was found to be low. The indi-
| cations were that he may not have
understood the cOnseq uenceS of his
acts. He was found to have all irritable
disposition.
A second affidavit of DIR. Miller was
based upon the hypothetical statements
| mentioned in the affidavts of the
mother and sister, and the opinion was
| expressed that WonnigKeit was not
free moral agent, and unable to distin-
| gulSh between right and wrong. His
| education had been such as to promote
his morbid propensity for intoxicants
| and cause delirium tremenS. In other
respects the affidavit correspondent to
! the opinions expressed by DR.. Markoe
| in his second affidavit
An affidavit by M. Shapiro, who kept
saloon at the corner OF East Seventh
| and Olive streets, stated that Wonnig-
keit had been in his saloon the after
noon of the murder, and was there for
several hours, playing pool and drink
ing. This was the evening of the
| murder.
Mr.. Encell stated that the evidence
on the trial of Ermersch showed that
| Wonnigkeit was twenty years old, and
| had been in the Misunderstanding saloons
frequently and drinking for several
| days before the murder. The court was
asked to take into consideration the
| personal appearance of the prisoner, to
| remember that he had not concealed
anything, but lad testified fully on the
trial. He had disposition to tell every
body who asked HIM the true and full
story of the crime, and that too, after
being advised by his attorney not to
talk on the subject. The claim was
made that the boy was honest. Judge
Kerr stated that to his mind that was an
| evidence of intellect.
| Judge Kerr stated that the present
situation did not commend itself to him.
He preferred bringing the witnesses
into court to be examined in place of
reading their affidavits.
| County Attorney Butler suggested
that the mother and sister ought at
least to be brought into court, and that
the defendant be asked as 10 his ante
| cedents.
MIR. Encell did not favor this plan.
and said he had no money to pay plysi-
clans to COME into court
| Judge Kerr said he would ask the
county attorney to bring two or three
reputable physicians into court to make
an examination and to give an opinion
on the condition of the defendant. The
court would then take it upon himself
to examine the witnesses and the de.
PENDANT. He took the view that the
duties OF the county attorney had ended.
| and II WAS for the nOftrf IN, aficFx, If