The Kalispell bee. [volume] (Kalispell, Mont.) 1901-1901, 1901-04-11
: SENSATIONAL
Lehman TRIAL
Father Accused Of III reatinq
Young Daughter.
THE CRIME EXPOSED
By the Girl on the Witness Stand but
Absolutely Denied by the
Father.

A special venire of 30 names was
necessary before jury could be Sc
cured in the Lehman rape case yes
terday afternoon. Jospeh Stadler
was challenged by the county attorney
for not exhibiting sufficient intelli-
gence to act as juror. The court
took Mr.. Stadler in hand and decided
that he was competent. Afterwards
the court asked Mr.. Stadler some
further questions, the answers to
which caused the court to excuse him
from further service. Mr.. Stadler
first said he would take the law as
he found it, but afterwards was of the
opinion that the penalty for rape from
five years to life, was excessive. The
jury as finally sworn was composed as
follows:
r. s. Stancliff, A. w. Mock, Rob-
ert Saurey, William Gehler, Thomas
Freeland, D. D. Harshman, Andrew
Krieger, j. P. Bowen, Frank M.
Pierce, Josiah A. Elliott, Oscar F.
Olson, H. M. There's.
County Attorney Oliver made the
opening statement for the state and
DR.. A. D. Macdonald was the first
witness called. At this point Attorney
Noffsinger objected to the introduce
ton of any testimony for the reason
that the information upon which the
defendant was arraighed was not the
same as the one read to the: jury -
the first having been filed by ex-County
Attorney Gray, and the second by
County Attorney Oliver. The court
overruled the motion at the time, say
ing he would look it up later.
Attorney Noffsinger suggested that
out of consideration for the girls, the
inquiry might be held behind closed
doors, but Judge Smith said he would
never hold court behind closed doors
unless the case was more serious than
the one at the bar.
The testimony then proceeded. DR..
Macdonald testified to the physical
examination he had made of the girl,
Minnie Lehman.
Minnie Lehman testified that she
was fourteen years of age. The wit
ness was very reluctant to tell the
story and it was only brought out by
leading questions upon the part of the
county attorney to which the attorney
for the defense objected. She said
that the crime with which her father
was charged was committed on the
night of the 25th of August at the
Lehman ranch at Spring Prairie.
Upon being questioned as to her un.
derstanding of the nature of an oath
by Mr.. Noffsinger, witness stated, her
understanding of it was that she must
not tell any stories and that If she
would lie would be sent to the peni
tiary. She said that County Attor
ney Oliver had told her to answer that
way if she was asked such a question
The crime was committed in the eve
ming while the rest of the family was
out of doors milking. Witness had
made no alarm, although the family
was nearby. Witness said Mr.. Smith
a man who resides at Tobacco Plains
had told her sister, Annie, to have the
case brought. It was very trying
position for the girl, and the filthy de
tails had to be dragged out of hel
word by word.
Juror Freeman suggested that thu
court get a woman and set her beside
girl and she would soon get the whole
story. Another juror wanted to know
why she was upstairs at the time, ant
the girl explained that she was ul
there to make the bed. Her mothe
had since died. Had never told he
mother about it. Her father had beel
maltreating her ever since she wa
ten years old. The defense sough
to show that the girls story wa
prompted by the alleged fact that tn
girl had stolen money from her fathe
and that he, having threatened t.
punish her, it was a case of reveng
seeking on her part.
Thursday.
Upon resuming the Lehman cas-
this morning, Minnie Lehman was n
called and repeated part Of her test
m0nv Of Yesterday afternoon Sh