The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-24

"CnAetH VINO was Visiting Them
mt the Time All Testify That the
Man Accused of Larceny Was I'm
West ST. Paul
Ihe work of proving an abb for
Nicholas Kauth, accused of stealing
Arthur Mfddleton's watch on the night
when the latter was murdered in a
seventh street store, was begun yes
terday when the case was resumed In
the municipal court. The line of de-
Tense developed when witnesses for the
accused testified positively that he was
at the home of his brother-inlaw, Peter
SchOmmer, 217 West Fairfield from
1880 O'Clock on the night of the muir
der until the next morning Notwith-
standing the statements of Schommer
and his wife, Kauth's sister, the prose-
| cution claims to have a card up it's
sleeve that, when played, will shake the
alibi
The attitude of the prosecution dur
ing the hearing indicated that an eff
Tort was being made to prove Kauth
guilty OF far more serious offense
than the theft of Middleton's watch.
and the accused leaning on his elbow.
close to has attorney, apparently real
izing this fact, evidenced a deep in
terest in the proceedings, frequently
suggesting points upon which the Wit
nesses could be questioned. Mrs. Ar
della Yarnell, who was, soon after the
murder, arrested on the charge of kill
ing Middleton, was present and watch
ed the proceedings with interest
Peter Schommer testified that Kauth
was at his home from between 1890
and IL o'clock the night Of Sept. 5, and
did not leave until the following morn
ing. Witness said that While on the
way home from a meeting of lodge
of Foresters to which he belongs ne
met Kauth ON Fairfield avenue, near
South WabaSha street This was some
time after 10 O'Clock, probably 1880
Schommer said he and Kauth went TO
his home PIT West Fairfield avenue
together, and that the accused went to
sleep on lounge in a room connect
ing with the family bedroom. The
reason that KaWth slept on the lounge
was because q visitor, Mrs. Margaret
BeSSiniuS, OF Jordan, Mimi, occupied
the only spare bed in the house, up
stairs. Witness testified that he lock-
ed and bOlted all of the doors before
going to bed, saying Kauth could not
have left the house without his lInoWl-
edge. The door between the room
where Kauth is alleged to nave slept
and the bedroom occupied by ochom-
nTer and his wife, witness said, was
open ali night. In the morning when
he got UP, Sehommer testified that
Kauth was still asleep on the lounge.
Mrs. Schommer corroborateI her hus
bands story. The prosecution tried
hard to weaken her testimony with Il
rigid cross exa minatiJn, but she re-
peated her original story with a rather
remarkable avoidance OF contradic
tons or inaccuracies.
Kauth came hons with hi husband
Mrs. Schonmer said, between 1890 AMI
II o'clock. On aoeout OF the visitor up
stairs Mrs. Schomner said size had to
put her brother on the lounge. She
procured him covering and Kauth went
to sleep Mrs. Sckommer said che IF
her younger children had heen sick for
several days previous to Sept. 5, and
that she was obliged to be Up THAI
lGght with the child Twice dufrg the
night whsn she got UP. she said she
saw her brother still sleeping on the
lounge.
Mrs schommer said she fixed the
date of Sept. by the visit CT Mrs.
Bessinius, when she said, for some
years made a habit Of coming to her
house on the opening day Of the state
fair The opening day of the fair being
Monday. Sept. 5. and also the day of
the murder. fixed The cate in her mind
also. as did the fact tFat Monday was
likewise Labor day. Mrs. Sch0mmer
said she recalled these facts after her
| brothers aIre-t, but had not thought of
, them before.
Mrs Be.ssrmius told of her visit TO the
| Schooner home the Monday of fair
week. She said she saw a man as'eep
| on the lounge ibut Old not see his fea-
lures. He wt5S on the lounge When she
went Gown stairs fer a drink OF water
about II o'clock. She saw him the next
morning, she said and was tod the
man was Kauth.
The witness confounded the date
Sept. with Monday the first day of
fair week, in testifying through an in
terpretsr, affirming to Mr. Zellman'
question that 1T was Sept. l that she
came TO St Paul IN led rect exanlir a
ton Attorney Costello b1 ought out that
the witress knew nothing of the day
OF the month but marked her visit by
the first day of fair week.
Jaiier Hanmes, OF Sheriff Wageners
staff. told the story Of how Kauth
claimed to him 10 have come iHto COS
session of Middiston's watch. He said
tfat after the murder he had several
conversations with Kauth and asked
him to inquire into the case. kduth
had told him that he had suspicious OF
1 certain DE rsons and would try to re
e-cver Middfsson's watch. Some fiTnes
later. either Oct. p or p. Kauth came
to the couTty Jail with a watch said to
have belonged 10 Middleton Two days
later upon WITNESSES advice, kaUth
turned the watch ever to the shsriff.
The watch in the possession of the
authorities was introduced as evidence
and identified by Hammes as the one
shown him by Kauth
At o'clock the deferse had net ex-
emired all of its witnesses, ard the
CO Sc was continued until Monday at 10