The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-11-24
is PROVING AN ALIBI
NICHOLAS KAUTH SPENT THE
NIGHT OF THE MIDDLETON
MURDER
AT THE HOUSE OF HIS SISTER

Peter Sehommer, of West Fairfield
Avenue, Mrs. rSchOmmer and n
Woman Who Was Visiting Them
Man Accused of Larceny Was in
West St. Paul.
The work of proving an abb for
Nicholas Kauth, accused of stealing
Arthur Mtddletons watch on the night
when the latter was murdered in
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
SchCmmer, PIT 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 its
sleeve that, when played, will shake the
alibi.
The attitude of the prosecution dur
ing the hearing indicated that an eff
fort was being made to prove Kauth
OIIGnSe
than the theft of Middleton's watch.
and the accused, leaning on his elbow,
close to his 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 1920
and II 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 a lodge
of Foresters to which he belongs he
met Kauth ON Fairfield avenue. near
South Wabasha street. This was some
time after 10 O'Clock, probably 1880
Schommer said he and kauHh 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 Kauth slept on the lounge
was because a 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
edge. The door between the room
where Kauth is alleged to nave slept
and the bedroom occupied by oCh0m-
nEer and his wife, witness said, was
open ali night. In the morning when
he got UP. Schommer testified that
kauth was still asleep on the lounge.
Mrs. Schommer corroboTataI her nus
bands story. The prosecution tried
hard to weaken her testimony with
rigid cross examination, but she re-
peated her original story wiki a rather
remarkable avoidance OF conuradlc-
tons or inaccuracies.
Kauth came hons with h r husband
Mrs. Schommer said, between 1870 ana
II o'clock. On aocout of the visitor up
stairs Mrs. SchOmner sail size had to
nut her brother Oh the lounge. She
procured him covering ana Kauth went
to sleep Mrs SckommCr said che Of
her younger children had heen SICK for
several days previous to Sept. 8, and
that she was Obliged to be uD thai
laght with the child Twice dulirg the
night when she got up. she said she
saw lIeT brother still sleeping on the
lounge.
Mrs. Scrommer said she fixed the
date Of Sept. 5 by the visit Cf Mrs.
Bessinius, when she said, for SINE
years made a habit Of coming to her
house on the opening day of the state
Monday. Sept. ;. and also the day Of
the murder, fixed The GaSe in her mind
also. as did the fact tFat Monday WIS
likewise LatOr day. Ms. Schommcr
said she recalled these faa5s after her
brothers ARE t, but had not thought Il
them before.
Mrs Be,ss'n;us told Of her visit to the
| Schooner home the Monday Of fair
week She said she saw a MAN asleep
on the lounge. bUt did not see his fea
lures. He w5S on the lounge When she
went Gown stairs fer a drink CT water
about II o'clock. She saw him the next
/ morning. s'ne said and was tod the
man was K9Uth.
The witness confounded the date
Sept. with Monday the first day of
fair week, in testifying through an in
/ terpretsr, affirming to Mr.. ZCllman S
question that it was Sept. l that she
came 10 St Paul. IN led rect eXami a
ton Attorney Costello b. ght out that
the witress knew nothing of TIE day
of the month, but marked hsr visit by
the first day Of fair week.
Jaiier Hammes. of Sheriff Wageners
staff, told the story Of how kauth
claimed to him 20 have come TITO pos
session OF Middlston's watch. He said
tfat after the murder he had several
conversations with Kaufh and asked
him to inquire into the case. kau4h
! had told him that he had suspicious of
/ certain persons and would try to re-
cover Middfeson's watch. Some time
( later. either Oct. p or p. kauth came
! to the couI5ty Jail with q, watch said to
have belonged 10 Middleton Two Gays
later. upon witnesses advice, Kauth
turned the watch over to the sh=rlff.
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 dsferse had net ex-
emined all of its Witnesses ard the
case was continued until Monday at 10
a. m.