The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1897-03-19

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saw two mules and four horses which
Mr.. Diemel was putting in car with
other things.
Adam Gittl testified that he lives
in Lamberton. Stayed with his
brother at Eagle Lake this winter
Saw Mr.. Diemel the day he left. He
had two loads of things and three
teams and was going toward Maple
ton. Mr.. Dlemel stopped for short
time at Mr. Wendt's place on his way
to town. Sunday night went to Mr..
Wendt's place. That night went to
Mr.. Gerlich'S farm. Mr.. Diemel, Mr..
and Mrs. Tochtrop were there. Be-
tween 900 and 1900 o'clock they took
three loads Of machinery to August
Wendt's place, also two loads of oats
and two loads of wheat. Phil and
Herman Wendt filed the grain into
sacks and August Wendt did the haul
ing to August Werdt's place. Tues
day night was at the Gerlich farm
again between 200 and 800 o'clock
they got horses and moved the binder
TO August Wendt's place. August
Wendt and Mrs. Diemel had con-
versation before moving it. August
Wendt told witness he had bought
these things from Mr.. Dlemel.
The sensation of the day occurred
when August Wendt turned states
evidence, and'testified for the prosecu-
tion, somewhat to the surprise of his
attorneys.
Attorney Hughes called Wendt and
asked him if he wished to testify. He
said he did. Wendt's attorneys were
surprised that he should wish to
testify without their consent, but
they waited to hear what he would
say.
Wendt said he lived in Decoria. He
knew all the parties in this case. Mr..
Diemel came to see him in February.
He asked the witness if he could keep
a secret. He stated that he intended
to leave the Gerlich farm and wanted
him to help him move. He did not
want Mr.. Gerlich to find out about
this until he was gone. Mr.. Diemel
later in the presence of Mrs. Diemel
asked him if he wanted any machinery
and mentioned what he would give
him if he would help him move.
Helped take the cattle to Mapleton,
so Mr.. and Mrs. Diemel could stay at
home, and if Mr.. Gerlich should come
out he would not suspect anything.
Mr.. Tochtrep got the money for the
cattle. Mr.. Diemel did not want him
to move anything until he had gone
with the car to Missouri. The things
were to be moved before Mrs. Diemel
left. Went over about eight o'clock
Sunday night and moved the things
over to his place. Mrs. Diemel was
there and gave her consent. On Sat-
urday witness and Mrs. Diemel had
taken seven head Of cattle to James
vile. When they left with the cattle
Mr.. Diemel was getting ready to go to
Missouri. Mrs. Diemel asked him to
get the money for the cattle and keep
it until she got ready to go to Mis-
souri,, as it would be safer with him.
The price for the cattle was $1,000.
He helped drive five cattle to Maple
ton on Monday and delivered them to
Mr.. Nienow's yards. Received $50 for
them which he was again asked to
keep. He also sold the wheat that
had been left at his place and received
$685. rs for that. This money has now
been turned over to Mrs. Diemels
attorneys. He was to get all of the
machinery moved to his place except
the binder and wheat which he was to
sell for them. ....
Attorney Young here arose and said
that he would Withdraw as Mr..
Wendt's attorney, giving as his reason
that Mr., Wendt had not told him the
same story that he now told to the
court. ........
Attorneys Schmitt and Wilson also
Withdrew as Mr.. Wendt's attorneys.
This was surprise to nearly every
body.
The court said that Mr.. Wendt
would have to fight for himself.
On cross examination, Wendt said
that he had always told the same
story. l told Mr.. Schmitt that Mr..
Diemel saw me and asked me whether
L could keep something still. Don't
remember whether any other attorney
was present. Told Mr.. Schmitt in
German. Mr.. Young asked the wit
ness whether he had told him( Young)
what he had told On the stand.
Mr.. Pau raised the point that Mr..
Wendt and Mr.. Young bore the rela-
tion of client and attorney, and that
the client need not tell what CONVEX
sations had taken place between them.
The court held that Wendt did not
have to tell the conversation unless
he wanted to. Wendt said that he
did not want to tell it. He said that