Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1905-11-02
WERNER TRIAL ENDED
Sketch of the Testimony In the Case
!. of State vs.. Albert Werner
-. So; s....
Il 80
u 4. Y = 1fljCtinQ Medical Testimony.
judges Charge to Jury.
= Verdict of Guilty.

tOS0y " uVVUOVsHyo sVs SsHSy wy y
- ~ 4, Granted the Defendant by
!. ~ Judge Pollock. -:
{ Testimony in the trial of the Wer.
ner assault case was continued Wednes-
day pm. Get. 25. Lena Kutbach, the 8
year old child was the only witness on
the stant Tuesday. She is prepos'
sessing in her manner and appearance
and makes anintelligent witness.
She was questioned as to the alleged
assault closely, also to her knowledge
Of the meaning of an oath, to her gen.
eral information about the common
matters of the farm and her know
ledge of many other matters was
brought out by interrogaCories from
the attorneys and from the judge.
The testimony insubstance as brought
out by the prosecution was that the
defendant had repeatedly assaulted
her sometimes when sleeping with
Sthe defendant in the same room with
N9ef parents and sometimes when not.
sfhe room was a small apartment with
one bed on the floor and one bed in
Fanother part Of the room. The father
E1aother, child and defendant all slept
IN thesame room on numerous occa-
sions as the house was small and sleep
ing rooms scarce.
The witness was cross examined by
. the defendants attorneys and ques-
tions leading to the completely of an
other person "Uncle Fritz" were
asked the witness.
There are few spectators in the
court room, The father, mother and
two brothers of the defendant are
present from Cass county. All the
witnesses are excluded from the court
room except the witness giving testi-
mony. sssss 81, q,
Nest of Thursday was taken up with
the testimony of Mrs. Kutbach, mother
of Lena. She speaks no English and
the witness was examined thru The
medium OF an interpreter, Geo. Lutz
acting in such capacity. Her testi-
mony was mainly corroborrative of
that of the girl.
The Kutbach family formerly resid-
ed in Cass county, near the Werner
family and Mrs. Kutbach is cousin
of Albert. The houses OF the Kut'
bach family and Werner near Medina
are about mile apart and the in
staEates of both were frequently at
4 the residences of each other. Wit
! ness testified that she noticed the
thilds alleged condition and called
i the doctor to attend to her.
She testified to the occasions On
| which the girl and Werner were to-
I gether. II. G. Harkens, a neighbor,
Y was also on the stand to testify for the
prosecution. He. is a neighbor OF
Werners and the Kutbach family.
MI. Kutbach, the father OF Lena is
not present at the trial.
Thursday proceedings in the Wer.
ner trial consisted of the testimony OF
Mrs. Harkens land her husband; the
former testified as to the date when
Lena had been seen coming out of the
Werner house, about three O'Clock on
I the 18th of June, also to being In
/ Medina on Decoration Day with the
defendant. Mr.. Harkens' testimony
as to the time Of day at which Lena
Twas seen to visit the Werner house
/ was somewhat contradictory. He first
testified in the preliminary proceed
inps in the Justice court that 1T was
at noon after dinner and yesterday
|sSated it was at three O'Clock. 4
The testimony of II. G.. Harkens
tast 10 the effect that he had seen the
Defendant and Lena coming from the
EEeshouse Of Albert Werner on 9 certain
hdate in June, that.he was within six
feet Of them when they left the house.
He admitted in answer to questions
EIkhat his former name was Herman
RSchamkessel, that he was born In
Germany, moved to illinois, arterWard ar
to Minnesota. While in Minnesota
Ehad his name changed to the present
name; it was done by an act OF the
1ourt and he produced document
Moving the clerks seal and the order
81 the court. He afterwards stated
that the reason for such change Of
name was 8 family one; that his father
had been = hard drinking man who
abused hislmother and that he, Her
man, tried and did prevent his father Y :
from abusing her and that be disliked ( q
thename::.so much that he had $it T
81.