The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-12-02
MosHIK JURY SECURED.
Testimony Very Positive Against
the Prisoner.

the Prisoner.
After three days Of hunting for men
without opinions, the jury in the trial
of John MOshik, charged with the
murder of John Lemke, was secured
yesterday, and when court adjourned
last evening the case of the state was
We'll under way.
When the afternoon session was call
ed to order by the clerk, the room was
damned with a morbid crowd, anxious
to get glimpse of the man who stands
charged with one of the most heinous
crimes that has ever been committed
! in this state.
Assistant County Attorney Smith adj
dressed the jury, showing the evidence
which the state proposes to submit,
and as he eloquently portrayed in vivid
| detail the fiendish murder of Lemke,
Moshik, who sat with his attorneys,
nervously twisted his short mustache,
and moved about in his chair as if the
| burning words sank deep into a smitten
conscience. ,.5s~
Dr. Charles A. Smith was the first
witness called by the state, and he was
not present, bench warrants were is
sued for him and Drs. Henry S. Nelson
and L. A. Williams. The trial was de-
! layed three-quarterS of an hour before
! these gentlemen put in an appearance.
DR.. Smith stated that he attended
Lemke in a house in the neighborhood
| of Humboldt and Dupont avenues. A
| large map Of that section of the city
was brought in and placed on an easel
| before the jury. The physician said
| that his patient was suffering there
from gun wounds in the back and
bruises on the head. He administered
narcotics, and as he was unable to
treat the suffering man, had him re-
moved to the city hospital. He said
that Lemke had sustained a severe
shock, and was suffering greatly.
DR.. Thomas J. Gray, of the surgical
staff of the city hospital, was called
and stated that when Lemke was re-
| ceived at the hospital he was in a semi
| conscious condition, caused by the
| shock he had received, and the mar
cotic which had been given to him. 1t
was the opinion of the witness that the
| internal bleeding which ensued, while
not being great from any one source,
was the direct cause of death. The
lung cavity gradually filled up, which
| eXerted sufficient pressure upon the
heart and on the enclosed lung, to have
caused a cessation Of the action Of the
| heart.
DR.. L. A. Williams, of the city hos
pital, was called and corroborated the
testimony of DR.. Cray.
DR.. Henry S. NelSbn, deputy coroner,
who conducted the post mortem at the
county III lIlC plSoCIIC VI IhlC
other physicians, described the bullet
wounds, and the course they had taken
through the body. He presented the
bullets which he had found in the body,
and they were entered as evidence.
In cross examination of the physi-
clans, Attorney Clarity, for the de
Tense, questioned the witness partic-
ularly regarding the consciousness of
the wounded man, and endeavored
to establish the fact that Lemke's
mind was more or less afflicted by his
! suffering and his weakened condition.
! The physicians could not state that
the mental condition Of the injured
man would have been affected by his
wounds. They said he might have
been somewhat affected by the opiates
| which had been administered. DR..
Nelson said the mans mind was I'M
doubtedly clear, but slow in percep-
ton.
John F. Walsh, the keeper Of the
county morgue stated how he had
received the body from the city hos
pital He identified the clothing.
which he had taken from the hospital
with the body, where it had been re-
| moved from the body.
John H. Lemke," called the county
attorney, and gray-haired, bent old
man made his way through the crowd
| to the witness chair. He was the faith
er of the dead man, and, as he faced
| the court, his sad appearance touched
the hearts Of all. He has suffered
untold grief over the death of his son,
and the attorneys were considerate
| in asking him as few questions as
possible He is unable to speak Eng
lish f1uently, and Louis Schwager act
| ed as interpreter. He said his son was
| twenty-eight years and six months old
| at the time of his death. He had not
seen him alive for four years, and,
upon receiving a dispatch that his
son was dying, he fastened to the city
from Saltwater only to arrive here too
late to see him alive.
Mrs. Christiana Tompter, residing
| at Forty-seventh avenue and Dupont
avenue north, stated that during the
afternoon of Oct % she was sitting
with her sister on bench in the front
| yard of her home, when two men came
up the walk. They were walking lei
surely, and busily engaged in CONVEX
sation.
"Do you see anybody in this court
room that you can identify as one Of
the men you saw coming up the
walk?" asked the county attorney.
Eyes, sir, that man there" she said,
pointing straight at the defendant,
and, as she did so. Moshik straight
| ened up, and met the gaze fearlessly.
She described the other man who
was with him as being a stoutly built
man, wearing a dark-brown sack
coat, and soft felt hat.
us this the coat?" she was asked,
as the clothes Of the dead man were
| held up to her gaze.
'I think it is the same coat" she
| answered.
She stated that she could see tho
men until they went off the end of
the sidewalk, and went across the field
| towards the woods.
Minnie Johnson, the sister of Mrs.
Tompter was then called. and -corroh
| grated the testimony of her sister and
| identified Moshik. She says she had
heard two shots fired.
Mrs. Cora Parsons testified to having
seen the men, and identified Moshik.
John Kelly, the street car conductor.