The Minneapolis journal., 1902-06-20
THE CLOSING ARGUMENTS
TANKE CASE NEARING AN END
Yesterday Afternoon Devoted to
States Notwithstanding
Up To-day.
Special to The Journal.

Special to The journal.
Henderson, Mimi, June 20.-C. R. Davis
of st. Peter made the closing argument for
the state In it's case against Frank Tanke.
In opening he said that the time elausing
between the murder and arrest Of Tanke
and Mrs. Tanke nearly three years after
wards did not argue against the guilt OF
the parties arrested The arrest was the
result Of an Investigation carried on since
the perpetration Of the deed. The perpe-
traitors had covered up their tracks as
best they could. The defendant and his
wife had at first endeavored to shift guilt
to the man Thorn.
The fact that as soon as matters were
hushed up, Tanke and-M Wellner were
married appeared suspicious. Before the
arrests had been made the testimony Of
men like Stolz, who saw Tanke get off the
train at New Ulm, Herzog who saw him
near the river, Wilmert, Bieraugel and
others had been obtained In regard to
the rumored bad reputation of Coleman
and Whitney, who have figured promi-
nently in the case, he said that ii these
reports were true the defense shuld have
endeavored to impeach their reputation
for truth and veracity, but 1t had failed to
do so He endeavored to riddle the story
of the alleged shooting as related by Mrs.
Wellner. The fact that the body was
found stretched out face downward looked
as if the murderer had carefully arranged
i
ing almost instant DEATH would have
caused Wellner to collapse in heap.
The second shot in the head was fired
after he fell and to make sure Of death.
Mrs. Wellner was tiled with rope, but
not so that she could not have tied her
SELF She was careful that her mother
should see the rope tied to one wrist:
This looked supecious. In regard to
Tanke's story that he got to New Ulm at
8 O'clock he had told Sheriff Block, Mr..
Davis said, that he arrived there at, 1880
p. m. He had quibbled about the black
suit. Raftmen and Sauer testified that
| Tanle had said that night eve killed.
one and might as well kill another"
Tanke had denied the statement. Whose
statement would the. jury believe? - If
| Tanke had committed murder he would
not hesitate to perjure himself in his own
defense. The state did not show how
Tanke got back to the Wellner farm to
! commit the murder, but he had time to
| return by o'clock or shortly after. The
two shots were heard by William Dan
helm. ~ .s >t-...
;Wilmert had seen Tanke ride to Kloss-
| ner station on q bay mare. The defense
had endeavored to break up Wilmert's
| story by the testimony of Professor Lea
fvenworth, who stated that the moon did
not rise until 8:43 p. m, but according to
the modified time the moon might have
been up earlier. The state had reliable
witnesses to a train Of circumstances
pointing strongly to defendants guilt. At
las the peddler, who testified he saw
Wellner alive at 8:45 p. NJ, and who had
! made a test ride afterwards to ascertain
| the time, was sarcastically referred to as
| the man who had discovered new system
of ascertaining time. Joseph Wild, whose
| integrity could not be doubted, had given
! the lie to his story. =: sg7; =. ~.
',.--l The States RebuttaI. .~
The defense rested it's case at O'clock
yesterday afternoon. The state, inits,re-
| buttal called George Boock. He stated
| that Nicholas Mentzen had told him yes
terday that he was not sure
night at Union hall. Ernest
| Sauer, recalled, reiterated his former tes-
timony that he had seen Tanke at Union
hall before II o'clock and not after.
Thomas Wild stated, in rebuttal, that he
! had advised Mrs. Wellner not to hire
Tanke. He testified that she refused to
allow him to cover the body of Wellner
with a quilt, saying it was too good for
| him. Wild said that he had talk with
| Atlas, the peddler, in February, 1899, and
! that the latter. told him he was glad he
| was not in that vicinity that night, as he
i would be accused of murder. He was at
| Fairfax, so he told wild. Henry Spoer-
haus, bartender at Stengle's, stated again
| that he saw Tanke in Stengle's saloon at
$3.50 p. M, as testified by the defendant
| J. H.:Block was called to rebuilt testimony
of Tanke and Mrs. Tanke. Both the state
! and defense rested at 80 p. m.