New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1903-04-15
is SECOND DEGREE MURDER
jury Finds Frank. Tanke Guilty of
Staying John Wellner.
Verdict Gives Very General Salts.
faction in This Community.
Defendants Attorneys Granted
Stay of Proceedings by Court.

dullty or murder IN the second degree
was the verdict of the jury last Friday
morning in the famous Tanke trial at
st. James. In New Ulm and this COM
munity it gives very general satisfaction,
1T is general impression that the
defendant would not, in any event. have
received more severe punishment than
Imprisonment fol- life. Had he been
convicted of first degree murder it is
likely that his sentence would have been
COMMITTED by the governor.
After the attorneys for the state and
defense had made their closing argu-
#ments, which consumed the better part
of rwo days, Judge Loren Cray read his
charge to the jury. In doing so he cited
thelaw governing such cases and review
ed briefly the evidence which had been
introduced by the state and the points
the defense had tried to Prove.
'sIf you fnd," said the judge, s'that
Amelia Tanke shot and killed John Well
ner with the knowledge of Frank Tanke,
then bring in verdict of guilty of muir
der in the first degree.
eff you find Frank Tanke guilty OF
Epremedltated murder upon the person of
John Wellner, then bring in verdict Of
guilty of murder in the first degree,
..If you find him guilty of unpremedi-
tated murder, that in fit of passion or
anger, he did the deed, then bring in a
verdict of murder in the second degree.
eff you find him neitherguiity of MUIR
der in the first degree or murder in the
second degree, then bring in verdict of
innocent OF any crime.'
At 1910 o'clock Thursday the jury
retired and late in the afternoon the first
ballot was taken. It resulted in a vote
of eight for. conviction of murder in the.
first degree aud fonr for murder in the
oCSOaO uCSACCs uC 1Culd1uuCI IA tuO
night they spent in the jury room but at
9:05 Friday morning returned the fol.
lowing verdict: awe, the jury in the
above entitled action, find Frank Tanke
not guilty of murder in the first degree,
but guilty OF murder in the second de-
gree"
Defendant Tanke was led into court
and asked if he had anything to say why
sentence should not be passed. He re
piled: "Nothing, except that I am limo
cent" and at $3.50 Judge Cray pro-
nounced sentence of life Imprisonment
at hard labor in the Saltwater peniten-
tiary. Attorney J. A. Eckstein made a
motion for a stay of proceedings of
twenty-five days in which to prepare a
bill of exceptions and this was granted.
He also made application to the court
for the payment of services given the
defendant during the trial, arguing that
Tanks means were exhausted. To this
County Attorney A. A. Stone interposed
an objection and afidavits will be filed
pending the settlement of the appli-
cation.
Nicollet county will not have to pay
the expenses Of the defense, Judge Cray
having denied Attorney Eckstein's APP
plicatlon.
The convicted man will not be com
mitted to Saltwater until May 5th and
will spend the interval in the Blue Earth
county Jail at Mankato. He does not
seem disappointed at the outcome of the
trial and expresses desire to commence
upon his term in the state prison as
quickly as possible. An odd coincidence
is that Tanke was arrested on Friday
and that both times he has been sentenced
it was upon that day.
This, In all probability, ends case
which has few parallels in the history of
crime. Frank Tanke himself admits that
he was given fair trial and it is reason
able to suppose that justice has been
done. To convict Frank Tanke and
Amelia Tanke of the henious murder
has cost Nicollet county sum which
will aggregate $25, 900.