The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1897-03-19
AUGUST WENDT MAKES A FULL
STATEMENT
He Concludes TO Become q Witness
For the State, and the Action
Against Him is DismiSSed-rlrs
Diemei Is Held to the Grand Jury,
Waving Further Examination
After the State Rested-The Evil
dence.

The important feature of Fridays
hearing in the case of Mrs. Diemel
and August Wendt was the fact that
the latter turned states evidence. al
though his testimony did not vitality
effect the theory of the defense,
which is that Diemel owned the pro-
perty taken. Wendt's attorneys had
heard rumors that he intended turn
ing states evidence, and secured an
affidavit from him denying this in
tention and affirming the account he
had given them.
J. G. Gerlich continued his testi-
mony Thursday afternoon. He said
on Jan. 16 last he gave Mr.. and Mrs.
Diemel to understand that everything
belonged to him until they had paid
for it and had received bill Of sale.
On Feb. 18th, asked Diemel and his
wife what right they had to sell the
cattle which they had sold, and they
said that they did not know that they
had any right, but would pay for them
in full in short time. went out to
the farm again and Mrs. Diemel met
me at the gate and was crying and
told me that her father and mother,
Mr.. and Mrs. Tochtrop, wanted to go
back to St. Louis. She did not want
me to 90 into the house, as she said
that her father was mad. She said
that they had sold their property in
Missouri and would pay me in short
time for the sixteen cattle that they
had sold. Diemel promised on Satur-
day, Feb. Goth, to come into town the
next day, and my wife and l stayed
home all day, expecting them, but
did not come. l went out again on
Monday and saw Mrs. Tochtrop in the
kitchen, and she asked me whether l
had met Mr.. and Mrs. Diemel driving
to Mankato. had not, and she told
me to 60 right back, as they had gone
to town to see me. / went back but
could not find them. Their mail was
undisturbed in the postoffice, and
they had not been to any OF the hotels
or at Mr.. Biebauer's, where they usu-
ally stopped when in the city. l
went out again Tuesday and asked
Mrs. Diemel why they had not been
to town. She said that they were in
town Monday and had stopped at Mr..
Biebauer's. l asked where Diemel
was, and she replied that he and the
hired man had gone out to work, and
that she did not know where they
were. I noticed that some things
were missing, and came back to town
and swore out a warrant Drove out
again that night and told my brother
and some neignbors to watch the
Mace. When the first cattle were
sold. l told Diemel not to sell any
more until they were paid for. On
Wednesday looked over the place
and found that all the things on the
list were missing except one pillow and
wagon. The oats and wheat and
nearly all of the hay was also gone.
Afterwards found some farm imple-
ments and some hay and oats at
August Wednt's.
On cross examination, witness said
that Diemel had sold the first cattle
to Edmund Ore and they were put in
Mr.. Hoerr's yard. Witness had meas
ured out $50 bushels of oats, which he
promised to sell at certain price,
but it still belongs to him. Diemel
used my horses, which were taken
care of by his hired man.
A recess was taken until Friday
morning.
Court convened at 9 :20Friday morn
ing, and John Gerlick was again called
to the witness chair. He testified
that August Wendt's farm was one
half mile from his. The machinery
taken was around Wendt's place but
was not his.
August Nienow testified that he
lives in Mapleton. Is farmer and
has been buying stock for year and a
half. Knew the Gerlich farm and
Mr.. and Mr.. Diemel. Bought some
stock of Mr.. Dlemel on Feb. 18th. Saw
Mr.. Tochtrop before and learned that
they had cattle to sell. Saw Mr.. and
Mrs. Diemel later and they picked
out eleven head which l bought fol
$3.50. The cattle were delivered the
following Thursday. Saw Mr.. Diemel
again the next Saturday when he was
loading car in Mapleton. M. Toch'
trop said they had some other cattle
they wanted to sell If Mr.. Diemel had
not already sold them. l paid him
some down to close the bargain. Mr..
Diemel afterwards sold these in Jan.