The Topeka state journal., 1897-10-21
STATE WAS BRIEF.
Rests in the SchIegel TrialWith
Four Witnesses.

Kansas City, Oct. 21-The trial of John
Schlegel for the murder of DR.. A. L. Ber-
ger is fairly under way. Indeed, the be-
ginning of the end is already in sight. for
yesterday afternoon, after examing four
witnesses. the state rested.
Five witnesses for the defense were ex-
amined, and then court adjourned for the
day.
The defense introduced number of wit
nesses to prove that Schlegel was greatly
excited and fairly beside himself when
he fired the shot, but Judge Wofford
would not permit them to testify, because,
as he said, it was putting the cart be-
fore the horse"
The only piece of testimony that was
at all sensational was a sentence or two
in the story of the shooting as told by
John Halpin, inspector of detectives. He
was a witness for the defense. He said:
''Schlegel seemed less excited during the
shooting than Immediately afterward- 1t
was after being taken from the big crowd
that gathered that he acted nervous"
Mrs. Adelaide Schlegel, wife of the ac-
cused, was present during the early part
of the hearing and attracted no little at
tention. As compared with her husband
she appeared nervous and ill at ease. He
was as phlegmatic as ever. Only once
did he appear to take more than a casual
interest in the proceedings. 1t was when
Prosecuting Attorney Lowe, in detailing
the case to the jury, seized in both hands
the big A-caliber revolver lying upon the
table and Illustrated how DR.. Berger was
shot SchlegeI reused up and followed
with his eyes every motion of the prose-
cutor but relapsed into his wonted apa-
thy when the weapon was replaced upon
the table.
The jury which will try the case fol-
lows:
David Owings, age AZ. farmer.
Edward Richie, age %, farmer.
Vas Perkins, age 3S, merchant
A. w. Steele, age 81, poultry.
r. T. Aker age A. bookkeeper.
Louis Antoine, age "a, farmer.
c. NJ. Winfrey, age q. farmer
Isaiah johnson, age 40, farmer.
Robert DehOney, age 81, farmer
James V. Kline, age 29, farmer.
r. P. Dixon, age SO, contractor.
Edward Umbrook, age 80, laborer
The states attorney said the testimony
on behalf of the state would be very
brief 1t would be to show that Schlegel
went to SchmeIzer's gun store on the
date OF the murder and bought a pistol;
that he went up Main street from the
gun store and stopped in shoe store to
load the pistol; that upon Twelfth and
Walnut streets he rushed upon DR.. Ber-
ger and shot him twice-once in the back
and once in the side; that Dr. Berger soon
afterward died.
Having done this, gentlemen" said the
prosecutor. I'VE will maintain that the
state has made a case under the indict-
ment."
Major Woodson began the outline for
the defense with the remote incidents in
the case. He detailed the particulars re-
sarding the diphtheria in the Schlegel
household and told how Mrs. Schlegel in
Cured an affection of the tonsils by in
haling the breath of her sick children,
which first made necessary the services
of q. physician in her case. He said that,
at <Mr. SchIegePs request, DR.. Berger was
called to attend her. He came to the
house to treat her tonsiIs, and afterward,
uDon his advice she went to his Office.
1t was necessary sfor her to go to the
office several times.
One dav Mrs Schlege1 asked her hus-
band if she could not change physicians,
and. upon being pressed for her reason,
she told him that during her last call
at DR.. Berger's office he had committed
upon her criminal assault
Major Woodson then told the story OF
the shooting of Dr. Berger, at Twelfth
and Walnut, on July 8, and OF the nap
Denings frnmediat tely preceding and fol-
lowing that event.
John Schlegel was no more responsible
for that act.'' continued Major Woodson,
..than the veriest maniac that ever lived!
The evidence will show you that after
1,,ard he continued his business in way
in a U,av-but that from the moment
his wife told him of that atrocity he was
a changed man He loved his wife and
family and he never recovered from the
blow"