Little Falls herald. [volume] (Little Falls, Morrison County, Minn.) 1889-1950, 1904-12-30
SHE IS NOT GUILTY
Mrs. Kate Wiener Is Ac-
quilted on Seventh
Ballot

or. charged with the murder of her
husband on the night If June 2sth,
mot guilty.
The jury took seven ballots before
arriving at a decision. The first
ballot was 10 for acquittal and 2 for
conviction. The second stood 8 to 3;
third, to 4 fourth, 8 to 3: fifth to
5; sixth 10 to 2 and the final ballot
was 12 for acquittal which was taken
at 6 80 q. m.
As soon as the jury had arrived at
verdict Judge Searle was summoned
to the court room to receive it.
The jury then fled into court and
the verdict was read at 100 O'Clock,
whereupon Judge Searle gave the
woman her liberty.
If the woman understood the verdict
it could not be noticed. One of the
Jurors who spoke Polish. communi-
Gated to her the fact that she was Stree,
but she did not seem to comprehend
how much it meant to her. She then
murmered in Polish "God Bless
You.'' The woman by her actions
certainly showed that she is not cap
able to any great extent of under
standing any great difference between
right and wrong and of being free and
not being free. IF shessdoes, 1t does
MT thok
Judge Searle thanked the jury for
their honest efforts to reach just
verdict and discharged them. :.
Mrs. Wiener was then conexafulated
by her friends and relatives WHO were
in court, and together with Donar
Trettel, one Of her attorneys, they
went to hissshome for breakfast.
Mrs. Wiener is at liberty to make
her home with either her father. @sMr.
Golumbuski or her brother-i law,
John Peka. She will for the present,
no doubt divide the time between
them
The decision given is considered a
great victory for F. W. Lyon land
Donat Trettel who so ably conducted
the case from the time they were FIRST
retained. which was shortly before
the preliminary examination The two
attorneys worked nara catering data
and in attending to the several little
things that come up in such cases.
There is no question but what they
were handicapped in side Of the case
they represented as not only in the
neighborhood of the crime, but in all
parts of the county and in the city
public sentiment was against the de-
fendant. They deserve, and are re-
ceiving, much credit for the manner
in which they handed the case.
The jury that gave Mrs. Wiener her
liberty was composed as follows: .".
Silas..Bennett. Parker.
Mat Krause, Little Falls.
John LANCER, Agram.
Theodore Getten. Morrill,.
A. II. Peterson, Elmdale.
Peter Peterson, Upsala.
Conrad stangl. Pierz.
c. F. Fleck. Morrill,
MikessRein, Belle Prairie.
Jacob Schmolke, Buckman.
Andrew Nelson. Buh.
The states case was ably prosecuted
by. Assistant Attorney General Ewert
and County Attorney Lindbergh Mr..
Ewert gave creditor the case the state
put up to the untiring efforts ofCounty
Attorney Lindbergh, --.with the help Of
Sheriff Tanner.nn e-A
In tact..the case on Doth sides was
weilssandssssably conducted, all strong
points being brought out in a clear
and concise manner. There were no
arguments over small and unimport-
ant points as there some times is such
cases and the case was disposed of in
reasonably short time.
At 2 80 O'Clock Friday afternoon
when Assistant Attorney General
Ewart arose to address the jury the
court room was packed to the doors.
He took the case in detail, summed
up the evidence in a very concise
manner grouping this and that evil
dence together and brought out all the
states strong points in very convinc-
ing way. Mr.. ..Ewart spoke one hour
and forty minutes and made very
strong address.
F. W. Lyon, one Of the attorneys
of the defendant then addressed the
jury on behalf of the ssaccused. As is
we'll known Mr.. Lyon can make a
good address on most occasions, but
in this case where it meant so much
to his client he did himself proud.
He recited the facts and evidence as
produced by witnesses on the stand.
stating that the state had not shown
beyond a reasonable doubt that Kate
Wiener had committed the deed, nor
had they shown any motive for her 80
doing. Mr.. Lvon In closing. reminded