The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1897-07-09
ANNA DIEMEL'S CASE.
1t Commences In the District Court
Saturday.
A Motion to Dismiss the Case Is
OverruIed.

Saturday in the district court,
and the following jury was impan-
eled: J. B. Wagner, Richard
Hughes, Bird Hicks, Samuel Preston,
Geo. f. Yeager, Amiel Knutson,
Paul Olson, VIM. Hoge, Daniel Will
Jams, It. A. Garberg. John Shelton,
Chas. Thayer.
There is goodly array of legal tai
ent in this case. County Attorney
Hughes is being assisted by A. r.
Pau, while the defense is being con-
Quoted by Schmitt & Wilson and w.
E. Young. Mrs. Diemel's tall form
towers full head above her attOr-
neys as she sits behind them in the
court room, and she can gaze over the
tops of their heads and take in the
proceedings. A large number of wit
nesses are on hand from the country,
who were summoned last night by
Sheriff Bowen.
After the jury had been procured,
County Attorney Hughes opened the
case for the state this forenoon, and
Mr.. Pfau will give the closing argu-
ment for the state. Mr.. Hughes out
lined the testimony that it is intend
ed to put on, and which is about the
same as was given at the preliminary
hearing in the municipal court, and
with which our readers are familiar.
He said that the state would under
take to show that there was con.
spiracy entered into by Mr.. and Mrs.
Diemel and others to take the goods;
that in order to carry this out, Mr..
Diemel pretended to buy the goods;
and that the goods were sold or
shipped away secretly, and every
effort taken to deceive J. G.. Gerlich,
the complaining witness.
This afternoon Chas. Jensen, STA
tion agent at Mapleton, was called to
the stand. AS soon as he began to
testify, Attorney Schmitt moved that
the case be dismissed on the ground
that the Indictment does not state
facts sufficient to constitute an
offense and particularly the offense
alleged, grand larceny in the first de-
gree, because it does not allege that
the defendant took the property
without the consent of the party that
1t was claimed to have been taken
from.
County Attorney Hughes said that
the Indictment fully covers that
point.
The court over-ruled the motion,
saying that the matter of the consent
was a question of evidence, and the
witness proceeded with his testi-
mony, which was in regard to Mrs.
Diemel ordering cars to ship horses
and household goods to Missouri last
spring. Later in the afternoon j. G..
Gerlich was called to the stand and
told his story.
When J. G.. Gerlich completed his
testimony in the trial of Mrs. Anna
Diemel late yesterday afternoon, in
the district court, Judge Severanc
stated that circus was to appear in
the city today, and asked all who
wanted TO go to the circus to hold up
their right hands. Every juror
raised his palm, and Judge Severance
announced that recess would be
taken until 900 a. m. Monday. The
case will take two or three days of
next week. The states star witness,
August Wendt, is on hand ready to
testify.
County Attorney Hughes this morn
ing received postal card from Con
Kennedy, sent from Tecumsah,
Oklahoma. Kennedy is the witness
on account of whose absence the
state desired a continuance. He says
that he has been as far south as he
desires to go, and having learned that
he was wanted as witness In the
Diemel case will start back in a few
days. He said that if any communi-
cation was sent him, he would be at
Arkansas City, Kansas, July Sth.
AS the county attorney will be busy
in this case Monday, the interests of
the state at the Henderson hearing
will be looked after by Attorneys
Evan Hughes and A. r. Pau Jr,