Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1904-06-15
KOCH GETS
TEN YEARS
Alleged Murderer Of Joseph Wander
Convicted Of Neutrality-suspicious.
viii be Appealed.
FRANK. eIeLEN is ACQUITTED
Requires But a Short While for the
Jury to Decide That He Did Not
Kill Horses.

The jury in the case of the state
VS.. Harry Koch, who was charged
with the murder of Joseph Wander at
Stanford on the afternoon of Febru-
airy 18th of this year last Friday
night about $3.50 o'clock brought in
a verdict finding the defendant guilty
Of manslaughter and fixing his pun
ishment at ten years In the peniten-
tiary. Huntoon, Worden & Smith, the
attorneys for Koch, are of the orin.
ion that their client got more than
he deserves and have filed notice of
an appeal.
The trial of the case occupied four
full days, having been begun Tuesday
morning. The state examined four
teen witnesses, the testimony of the
witnesses who were in and about the
saloon when the row over a stacked
deal of cards first came up, being
substantially the same. One of the
principal witnesses for the state was
Robert Klett, who was in the saloon
during the trouble. Among other
things. he testified that as soon as
the men who were in the Wander sa-
loon saw Koch coming back with a
gun, they all went out the back door.
Most of the men went on up to the
| CO lnnn Of CtnannAa & AIn~a M
Klett, Wander and Tom Geer remain
ed outside of the door. Wander start
ed to go in and got as far as to place
his hand on the door knob. when the
shot crashed through the door and
carried away a part of his skull, kill
ing him instantly.
Those of the states witnesses who
were present when och left testified
he said something about getting his
gun and making II hot for the fell
lows who had worked him out of his
money. All witnesses for the state
admitted that the door was closed at
the time that Koch fired the shot. and
that he did not see Wander before he
fired.
The state finished it's case Thurs
day afternoon and some character
witnesses were worn on behalf of
the defense. Robert Jackson. William
Lacock and Walter Downing all tes-
titled 10 his general good behavior
during the time that they have known
him, which has been for two years.
He was never known to have been
drunk and was not of a quarrelsome
disposition. The dispositions from
:. koch's home town, one from a bank.
er and the other from a justice of the
peace, who has had a long and hon.
orable career, were produced and
spoke of the prisoner as a man of so
briefly, honesty and good instincts
during his long residence in Waybay
South Dakota.
Koch was placed on the stand OF
: Thursday morning and the giving Of
: his testimony occupied the greater
! part of the morning. He told a very
straightforward story and was a good
witness for himself. In substance
> his story of the killing and the Incl
dent which led up to it. was as fol
: lows:
: Il had been herding sheep around
= Utica and was in the habit of goins
into the town occasionally. | had
: been in for about two days In Febru
! airy and ON the 18th, as was my Gus
y tom. went over to the place to gel
a drink of whisky. | never dram
= more than one small glass of whisky
! a day, and up to that day had no
= been drunk since | was 81 years o.
u age. When | went in that mornins
: August MILAN. Tom Geer and Husl
y Leroy were standing at the bar. AZ
u ter | had got my drink | started on
but the men called me back and in
I sisted that | take something will
, them. | was finally prevailed upor
! to take a drink with each of them
u which made four drinks of whisky
had. | again started out but was once
more called back and requested L
join in a game of seven-up. We al
sat down at the table and played tn,
entire morning, taking a drink a
regular intervals.
II We were all more or less intOxi
p Gated when We Wen to dinner. a.
soon as dinner was over we Wen
back and the game was started once
llOlt. lIt ullnhih6 dlob iOiililluNh
although | took two cigars during th'
afternoon. About half past tw'
d O'Clock Wander and Seguin moved
table from one orner Of the room
d over neal the table at which we wer,
playing and started in to playing sey
en-up. After playing for an hour 0
two Wander held up a hand contain
ing the ace, king. queen, jack. TEL
q and deuce of trumps and the tire
suit kings. He said he would bet 81
so that he could make four on III
hand. | looked at it and said that
L. was sure that four could be made.
s. took the hand and bet $40 that | coul
make four on IL. Seguin raised m
SO and | called him, making a 81
d pot, each being in $40. We playe
n the cards and | got high, low, Jacl
but he got game by n point. II
II had six small trumps and the tire
suit aces. | played him out OF trump
T. and he then took my three suit king
n with his three aces. giving him Il fo
o game to my ~. | gave him tll
.e money and got up from the table an
r walked over to the bar. Tom Gee
1r came up and said that they had stacl
is ed the cards on me. | told Geer thu
y. | would go up TO Simpsons saloon an
he should stay in at Vander's plac
-. and see if Seguin and Wander spl
al the money. He came up after a viii
and said that they did not split III
IN money while he was there. | WEI
A back to Vander's saloon and told the
Iii that | had been robbed and told the
that | was going to make 1t hot f
h, some Of them.
Is Il went across D the hotel and g
N. my rife. | locfcd ii and went oy'
to the saloon. There was no one