The Saint Paul globe., 1898-11-19

Municipal Court Yesterday.
The preliminary examination of Nick
Kauth, charged with the larceny of a
watch from the store of Arthur Mid
dleton, who was murdered by burglars
the night of Sept. last, was COM
menced in the police court yesterday
afternoon.
The complaint under which Kauth
was arraigned alleges that on Sept. Z
the defendant, in the night time of
said day, took from the store of Mid
dleton an open face nickle watch Of
the value of SIS the same being the
property Of Arthur Middleton. The
complaint was sworn to by Detective
u. {. Campbell. and is dated Nov. Z.
Assistant County Attorney Zollman
appeared for the state, and was COACH
ed by Detective Campbell of the DO
lice department, and Manager Ives. of
the Thiel detective agency. as TO the
callng OF witnesses and the introduce
tion OF testimony.
Kauth, the defendant. was renre
sented by his attorney. NJ. ]. Costello.
The state introduced a number of wit
nesses, and when the hearing adjourn
ed at 4:30 o'clock Detective Campbell
was undergoing a severe cross-exam-
ination by Attorney Costello touching
a conversation between Kauth and
Harry Edmunds held Nov. 5.
The testimony the state introduced
yesterday was directed mainly to iden-
tifying the watch which was stolen
from the store of the murdered man
on the night of the murder, and this
fact. was proved very clearly As the
case stands now, it is up TO Kauth TO
explain where. when and how he came
into possession of the timepiece. This
lot.
satisfaction of the regular and private
detectives and attorney for the state.
ERROR IN THE COMPLAINT.
Patrolman Filingim, who was call
ed TO the scene of the shooting at / 80
on the morning of Sept. 6, was the
first witness called. Mr.. Costello call
ed the attention of the court to the
fact that the complaint alleged that
the defendant had stolen the watch
from the store on the night of Sept. Z.
but Judge Orr held that the point was
not material.
The officer testified TO finding Mid
dleton on the sidewalk in front of the
store and to making an examination
OF the rear windows Of the store, one
Of which was open about eighteen
inches. After making the examination
as to the windows, he had helped car
ry the wounded man into a small room
used as a bedroom. He noticed cloth
ing on the floor and a pair Of trousers
with one of the pockets turned inside
out. He could not say as TO whether
the window which was open had been
forced or not.
Detective Murnane testified to max
ing an examination OF the store and
window an hour or so after the shoot
ing. There were marks on one of the
1sg ind
had been made to pry up the sash. He
examined the clothes on the floor and
found in one of the pockets of the
trousers purse containing a Mexican
dollar. A piece Of a watch chain about
an inch long was attached TO one of
the button holes Of the vest
George II. Lamb. who occupied a
room en- the second floor Of the build
ing, over the rear OF the store in
which the shooting occurred, testified
10 hearing three shots about l O'Clock
on the morning. Of Sept. 6. After the
shots he heard sounds of scuffiing in
the room used as a storeroom in the
rear Of the store.
Detective Campbell testified to visit
ing the store at 9 o'clock on the morn
ing of Sept. and examining the rear
windows. He went into a detailed
statement as to the marks on the out
side and inside OF the window, which
to his mind showed clearly that the
window had been forced on the cross
examination It was brought out that
the window was nailed down during
the time the examination had been
made by the witness.
Frank Middleton. a brother of the
murdered man. identified watch
which was shown him as one belong
ing to his brother, Arthur Middleton.
MRS. YARNELL TESTIFIES
Mrs. Ardello J. Yarnell. who a few
days after the murder was arrested,
charged with having committed the
crime, was called and testified to hav-
ing seen Middleton about 11:45 D. m. on
the night of the murder He was at
her house at about that hour. and Just
before he left when asked az To the
time pulled out a watch from his
trousers pocket. Witness was quite
positive the watch shown her was the
Cue she had seen in Middleton's pos
session. She also testified that an
hour or so before she had seen him
pull handful OF silver from his pocket
on a street car. Middleton had left her
I house at 344 sherman street about
u:45, and went in the direction of his
store, where he usually slept
on crCss- examination the witness
stated that Sheriff Wagener had shown
/
had identified IL on that occasion.
Harry Campbell. clerk employed by
James kenaley, testified 10 meeting
| Middleton the night of the murder
| about ll:45. near the corner of Sher-
I man and Seventh street Middleton was
1 gCiEg toward his store
Sheriff Wagener identified the watch
/ shown him as the same one he had
I beer given three weeks ago by Nick
4 Kauth. the defendant.
DT. II. z. Quaine, one OF the physi-
! clans at the city hospital. testified to
/ Middleton's death at the institution at
/ $50 on theF morning CT Sept 6. from
/ internal heanorrhage. caused by a gun
shot wound in the breast Before his
/ death Middleton had said he had moth
/ ing 10 live for and wanted TO die In
/ answer TO questions put To him he had
said one OF two men. one tall and one
! short. had shot him.
Patrclman Krieger, who acted as
/ conductor Of the patrol wagon. which
1 took Middleton To the hospital after
4 the shooting. testified that Middleton
had told him he heard noisa IN the
resr room OF the store and on getting
up out Of bed and turning on the light
( had been shot by two burglars. One
! OF the men he described IS a short and
/ heaVy-set, and the ether tall ard slim
Both men had on black masks.
| Moses Shapiro. who coniucts a loan
Office AT A. East Seventh street. fdenti-
/ fed the watch shown him as one which