The herald-advance. (Milbank, S.D.) 1890-1922, 1905-11-24
of what had happened, Mr.. Pop
pelman advising him to go and
give himself up to the author
tiles. Boekout then walked over

tiles. Boekout then walked over
across the road to the Cross
farm, and gave himself up to
deputy sheriff Fred Cross, who
placed him under arrest.
An inquest was held at the
farm, the coroner s jury bring
ing in verdict that the deceased
came to his death by a blow from
pitchfork piercing the brain,
struck by Sietse Boekout on
the evening of Sept. 29th. The
defendant was then bound over
to the Novem Der term of court,
charged with manslaughter.
Mr.. L. H. Bentley. states at
torney, assisted by Thad. L. Full
Ter, prosecuted for the state, and
ThQs. L. Bouck was counsel for
the defendant. Mr.. Bouck
worked hard and increasingly
for his client.
BOUKHOUT A GOOD WITNESS.
Boekout made star witness
for himself, and answered all
questions in traightfor ward
manner. The point of con-
tention in the case. as no motive
was shown, was to prove to the
jury how Konstant received the
blow from the fork. There were
a number of ideas to work on.
One was that as Konstant had
consumed a considerable quan
tity of liquor during the day, he
might, in going toward the de-
fendant, have struck the tines
of the fork, or it might have
struck against the door jamb or
side of the building when tbro wn
up by the defendant, as he threw
up his hands to defend himself.
However this was not dwelt upon
to any extent, as the defen dant
did not know. No plea of self
defense was put up by Boek-
out. None of the witnesses,
John Konstant or his son, heard
the remark made by the de-
ceased as he stepped toward the
defendant, or saw any blow
struck, though the boy said he
saw the defendant raise or throw
up the fork as he stepped back
ward.
Tuesday afternoon when the
attorneys argued the case the
court room was crowded.
quite a number of ladies being
in attendance. The different
attorneys we're listened to with q
great deal of interest by all pres
ent.
The memb bers of the jury were
T. M. Garvey. G. S. Amsden, r.
A. Berkner, George Erien, Peter
COCHRAN, Fred Welnitz, August
Mu eller, Iver Overigg, FL. J.
Ben edict, N. Potts and VIM.
Graham.
In his charge to the jury, Judge
Mccoy instructed them as to the
law in such cases. If the jury
thought without doubt,
from the evidence civ.
en-, that the man struck the blow
without provocation, and not in
self defense, then the jury should
bring in a verdict of guilty. If
the jury thought without doubt
that the defendant struck the
blow in self defense, that was,
to shield himself from bodily
harm, without undue force, then
the jury should bring in a ver-
dict of not guilty. If there was
a reasonable doubt as to the
guilt of the defendant. the doubt
should be in favor Of the de-
fendant. The jury retired to
consider the case at half past
four. They returned at half past
nine with a verdict of not guilty.
When the findings Of the jury
were read by the foreman, G. S.
Amsden, the defendant broke
down and cried like child.
Boekout was given his liberGy in
the evening, After few days
visit with friends in the country.
he will go to his old home at
Rushford, MINI.
Wednesday morning the case
OF the State against John Cms.
er was brought up and q jury
impanelled. The charge is as.
sault with dangerous weapon.
AS told by one of the witnesses.
John CBser struck Albert Voc.
elsang two or three times "a tha
head with 9 billy club. The ~.
fray took place in Albee on the
last OF October. On Wednea-
day the jury retired Ct 5 o'clock
p. NJ, and were out until 3
M, when they brought u .
verdict of not guilty. s B
-.