The Norfolk weekly news. (Norfolk, Neb.) 1888-1900, 1899-06-22
PRELIMINARY HEARING.
Stock Yards Case Before Coun'
ty Judge Bates.
SEVERAL WITNESSES EXAMINED.

VIII he Finished by Tonight-Large At
tendance at Court,
From Tue lays Daily.
The stock yards case, which is now OF
trial in County Judge Bates court al
Madison, is thi leading topic of interest
to the people of Norfolk rs well as of the
, entire county. The well known defend.
ants, several of whom were born and
raised here, sympathy for the outraged
victim, and the established legal ability
of the counsel employed on both sides
combine to make it of great interest tC
many who would otherwise take but
little interest in the proceedings of a case
of similar character where the parties
were less known.
The case was called at 2 pm. yesterday
in a crowded court room, many of those
present being Norfolk people who were
either directly or indirectly interested
in the case.
Attorney Robertson for the defense
requested a few moments conversation
with Defendants Madsen and Kuhl,
whom he had not yet had an opportun-
ity of talking with, and the request was
granted.
Soon afterward the defendants filed
into the court room and were called to
the bar, one by one, and charged with
the crime of rape, to which they pleaded
not guilty.
The prosecuting witness was the first
called to the witness stand. She was so
overcome that it was some time before
she could be heard and understood but
she recited her story in a distinct and
clear-cut manner The prosecution
asked the witness but few questions and
| she was then turned over to the defense
who submitted her to a close cross ex-
animation which lasted from 3 O'Clock
to $50, the endeavor being TO show that
her story lacked consistency, that she
was of bad character previously and that
her consent had been obtained. During
| the proceedings at the stock yards she
claimed to have been unconscious the
greater part of the time.
Harry Hartford was next IN the stand
and his testimony went to confirm the
statement of the victim that she became
unconscious.
j. B. Maylord was the next witness,
his testimony having bearing upon the
intellectual capacity of the victim. He
claimed that she was not particular
bright having but ordinary ability Of
mind.
II. G. B~ruggemann was called and
stated that the girl bore, as far as he
knew a good character, she having been
employed as domestic in his family. He
stated that she went out but little even
ings and also told what he knew of her
mental capacity.
Gus Werner gave testimony that went
to show that the victim struggled to get
away from the defendants, which he
gathered from the conversation of mem.
bers of the gang.
Oscar Richey testified to overhearing
a conversation among the defendants in
which it was stated that they hoped to
have the victim submit to Gheir wishes
without much trouble. He also heard
them state that they would take her
away from her escort.
Court adjourned at g o'clock last even
ing and was again called at 8 O'Clock
this morning.
Paul Karo was called to the stand
and stated that the boys didn't want to
take the victim home but he did so and
his story went to show that she was in a
dazed condition and cried all the way
home. She was unable to answer a
question intelligently.
Steve Grady testified to the condition
of the victims clothes.
Mr.. and Mrs, Shultz, father and moth
er of the victim, were on the stand next
and bore evidence of the girls mental
defects, claiming she was not bright and
was easily influenced.
This closed the evidence for the prose.
The defense opened its case by calling
Leland Spaulding to the stand. He ad-
to having been mixed up in the
affair but claimed it was with the girls
consent.
Perry Law was next sworn and testi-
fed to his personal knowledge of the
previous bad character. He was
the stand at the time THE NEWS re.
port closed.
WOodmen of the World
Mr.. Ct. II. Henning, who has been in
the city in the interest of the Woedmen