Omaha daily bee., 1902-10-31
NIECENFIND TELLS STORY
swesrs that Both of His Victims Assaulted
Him with a Pitchfork.
SAYS HE ONLY SHOT IN SELF DEFENSE
witnesses Also introduced for the
Purpose OF Proving that the
Defendant was of TN
sound Mind.

PIERCE, Neb., Oct. 30.-(Special Tele
gram.)-Sherih Jones was on the stand for
the state last night and testified as to
the conversation he had with Gotlieb Me
genind as he and his deputy we're taking
him to Blair after he had been captured
by the men from Winside. He said that
Niegenhnd told him that he shot Mrs. Anna
Peters four times. He shot her once after
she fell down.
The two children Of Mrs. Peters, August
and Esther, were also on the stand dur
ing the evening. Esther testified that she
was in the house when the shooting com
menced and she looked out Of the window
and saw Niegenfnd shooting at her grad
father. The testimony Of the boy was also
we'll given. :
The state introduced witnesses TO prove
that the crime was premeditated, that Me
genind bad said long before the tragedy
occurred he would kill the BreyerE. F. J.
Miller. proprietor of the Pierce meat mar
ket. testified that while he was out at
Breyers' house doing some butchering Me
gen1nd told him all his troubles. He told
Miller he had a mind to kill the Breyers,
but Miller told him that would do him no
good, for he would be put behind the
bars for it. Then Niegenfnd said that he
would wait until Breyer had stacked his
grain and then he would come back and
burn his stacks.
The prosecution rested at 9:35 this fore
noon and the defense commenced to intro
duce testimony. They attempted to get
in testimony from the friends Of Niegen-
find in which they advised him to go to
the Breyer house and asked to see the baby
boy. This testimony the Judge ruled out.
Niegehnd was placed on the stand and
examined by Attorney Kelley, after which
he was cross-examined by Judge jackson.
Tells of the Shooting.
He told where he had been since the
divorce proceedings we're commenced. In
referring to the night Of the murder he
said he went into the barnyard and spoke
to Breyer, but Breyer told him, with an
oath, to leave the place. Breyer made for
him with a pitchfork and backed hin into
a corner, where he had to fire at Breyer
in self-defense. He said he fred twice.
Breyer's wife appeared on the scene at this
time and he fired twice more at Breyer
and, as Mrs. Breyer was trying to help
her husband, one of the bullets might have
struck her. He then went to the north
east corner Of the barn and took out the
empty shells and reloaded.
Judge jackson asked him why he re-
loaded his revolver. Niegenlnd said that
he was afraid that someone might be
lying in wait for him and he wanted to be
prepared. On the north side of the barn
he met his wife with a fork in her hands.
She made for him and he shot her in self
defense also. He denied that he did any
thing to her person. He only took the
pitchfork and stood 1t against the north
side Of the barn.
In referring to his capture by the men
from Winside and the farmhands he said
that the posse fred first and that he fred
in self-defense. Niegen1nd was still on
the stand when court adjourned at 1880.
In the afternoon session, after Niegen>
find had finished his cross-examination,
court was adjourned for an hour to allow
the defense time to procure expert testi-
mony on insanity cases.