The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-12-04
DOESN'T DENY HIS CRIME.
Plea of Insanity Is the Defense in
MOshiIz Trial

II John Moshik is not hanged for the brutal
murder of John Lemke it will be because he
is insane. No attempt has been made to
deny the awful story of the crime which has
been told by the many WITNESSES, and the
only hope now remaining for the hardened
criminal is the fact that he is not mentally
responsible for his acts.
When court adjourned last evening the
taking of testimony was very nearly com
pleted. The prosecution rested early in the
day and the defense had presented the ma
fort is being made to impress the Jurors with
the fact that Moshik is at present and has
been from early childhood mentally unsound
Each day the prisoner shows more nIainIv
the signs of declining spirits. The complete
chaln OF evidence which was told yesterday
brings to his mind only too forcibly the
ultimate fate, and. as he sat with his attor-
neys ms appearance presented a picture of
despair. His eyes wandered aimlessly about
the room, and he wore haggard, almost
terrible, expression
Before the opening of the trial Yesterday
morning, Attorney Clarity had long confer
ence with his client.
When the case opened yesterday morning
Detective Morrissey and Officer Start were
recalled and cross-eXamined, with the evil.
dent purpose of showing that the prisoner
was insane. Nothing was made of their tes-
tlmony, and the prosecution rested.
The first witness called by the defense was
Mrs. Anna Wenzel, sister of the accused
Mr. Clarity questioned her very particularly
as TO the former life of her brother and
brought out statement showing that Mo-
shik had served three or four terms in the
st. Paul workhouse; had been in the county
jail, and had served a term in the Iowa state
prison, as well as his term at Saltwater
The three days prior to his arrest Moshik
stayed at her home and acted very peculiar
ly. Frequently he would become very much
excited and say that they (officers) would be
sure to come after him.
AS young man he had been very peculiar
He would avoid men and would play at
marbles and tops with very small boys. All
his life he had been very strange, and she
had known him to break out suddenly, with
no provocation, and swear at his mother
and storm and rage for fifteen minutes
at time He would have other spells in
which he would refuse to speak to any one,
and all his life he had been afraid of strang-
In answer to a direct question as to what
these symptoms exhibited by her brother in
Dictated, to her mind, she said that she
thought he was easy minded
The insanity question was then gone into
deeper and witness told of an attempt made
by her mother, ile-they lived in Germany,
to drown the little sister of the witness. Her
mother was very violent and had at one
time attacked her father with a butcher
knife. She had never witnessed any such
attacks upon her father, but had heard of
mother had exhibited symptoms of craziness.
Shortly after the removal of the family to
this country from Germany John had suffered
an attack of typhoid fever and for long
time was out of his head.
When Moshik was arrested witness had told
the officers that he had been at home all day.
simply because she could not help herself
John was so excited that she felt sorry for
him. In truth, Moshik had been away, re-
turning shortly after 6 o'clock. He played
with the children and was very quiet When
the officers went into the house John backed
into a corner of the room and cried:
keep away from me, you fellows! Keep
away Anna, don't let them take mer'
His eyes rolled frightfully as he shouted
this, and his excitement was intense, she
said.
Mrs. Wenzel was very graphic in describ-
ing the scene and arose from her chair and
acted it to the jury.
months an inmate of the Saltwater prison,
testified that while in the prison he had seen
Guard Windolph strike Moshik over the head
with billy" with such force that the
weapon was broken in pieces The billy
was about three-quarters Of an inch thick.
Irwin Wenzel, the prisoners brother-in-law
was then put on by the defense. Wenzel oc-
cupied the same bed with Moshik the two
nights prior to the arrest of the latter. The
first night Moshik did not seem to sleep. He
talked continually and foolishly about his
fears that the "stool pigeons" would come
and get him again. Moshik said they always
were after the ex-conviets because they were
more experienced in prison work.
Wenzel corroborated nearly everything said
by his wife relating to Moshiks strange ac-
tons and seemed to share in the belief that
the prisoner was of unsound mind Old Mrs.
Moshik had been very quarrelsome at times,
and when in rage would rave violently
and froth at the mouth. On some of these
occasions she had tried to injure the witness.
"Joseph Moshik," called Attorney Clarity,
and a little, dried-up, round-shouldered
toothless old man took his place in the wit
ness chair. He is the father of the accused
man. For two days he has sat with his son,
and his nervousness is manifest. He is the
object Of sympathys-as he seams determined
that his son shall have every chance for his
life He cannot speak English, and John
Murlowsld acted as Interpreter. He told
John; how he had played with boys muth
younger than himself. and related is early
sickness, following which he was out of bis
head for four months. He also told of his
wife's peculiar actions.
Nicholas Kern, who married Moshik's aunt