Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1905-11-02
changed. A brother Of Schamkesse]
resides near Medina.

changed. A brother of Schamkessel
resides near Medina.
On cross examination Attorney
Knauf brought out the fact that there
had been hard words and was i'll feel
| ing between the witness and the
defendant over some threshing mat
ters. Witness admitted that LIE wrote
a letter to the county attorney inform
ing him Of the alleged crime. Hark-
ems lives a short distance from the
Kutbach and Werner claims.
In the examination of Lena as to
her general knowledge and inform
alton one of the questions asked the
child was if she knew what comprised
the UnitedlStates, to which question
she promptly answered, eyes, the
United States consists of Jamestown,
Medina and Cass county,"
DR.. Todd was called to the stand
yesterdaylatternoon and testified as to
the condition of the child and impli-
Gated the defendant as the cause there
OF, in an admission to him, DR.. Todd,
at the time of the arrest. The doctor
was cross examined by the defense
most of the: day.
The physicianslhave taken most of
the timelin the Werner trial the last
two days answering the interrogatories
of the attorneys for both plaintiff and
defendent. Friday DR.. Todd and
DIR. DePuy gave medical opinions as to
the condition Of the child and after a
long cross-examination by the defen-
dant's attorneys and rebuttal On the
part of the plaintiff, the latter rested
it's case at noon.
In tbe afternoon DR.. Hill was called
as medical expert witness. and was
closely questioned by both sides dur
ing the afternoon and for short ses-
sion that evening and most Of Saturday,.
She testified that in her opinion Lena
Kutbach, was suffering from case of
eczemapor what is commonly called
salt rheum; that she could not have
lad the kind of disease alleged by DR..
Todd in June last.
DR.. Rowe of Casselton also was call
ed to the stand in behalf Of the defen-
dent and gave medical testimony on
certain phases of the case. The court
adjourned the trial till nine O'Clock
Monday.
Judge Pollock and Stenographers
Olson and Edwards returned from
Fargo Monday, and the trial of
the Werner case was resumed. Expert
medical witnesses for the defense
were examined and in his testimony
DR.. Rowe of Casselton corroborated
the opinion of DR.. Hill, that Lena
Kutbach had eczema and not the dis
ease as alleged by the state.
In the chlld's testimony last week
on cross. examination it developed
that Mrs. Kutbach had threatened to
whip the child with a strap in case
she refused to answer questions that
would implicate the defendant and it
was also admitted by the witness that
she had been offered money an6 candy
to answer interrogatories by the
States Attorney. -,
Witnesses examined Monday were DR.
Rowe for the defense whose testimony
was along the line of bis views given
Saturday, in more detail. DR.. Moore
was called to the stand and
testified that In his opinion the child
had eczema at the present time and
from his examination of the child on
Oct. Is, it appeared impossible that
the disease, alleged to have been COM
municated by defendant at the time
charged could have been so communi-
Gated, owing to the nature of said
disease. The case is being fought
stubbornly by both sides and q great
deal of Importance is manifestly
attached to the medical views, which
SO far have been widely at variance.
There was a night session Of the dis
court last evening in the trial of the
Werner case. Yesterday DR.. Guest
was called to the stand and his gener-
al testimony substantiated that of
Drs. Hill, Moore and Rowe, as to the
child having eczema.
The defendant was put on the stand
yesterday and denied the truth Of the
charge against him. He said that
HarKens and himself had had frequent
disputes over farm matters and were
enemies. He also stated that he was
in Medina on the afternoon Of the
18th OF June, the day that Harkens
swore that he(defendant) was at home
and alone with the girl. The hotel
register OF Landlord Harlow was pro-
duced showing that Werner had
registered there June l3 for dinner.
Mr.. Harlow said he saw the defendant
sign his name on the register. His
brother Gus also testified to Albert's
being in Medina on June 13 In the
afternoon. Albert said he did not
reach home until late in the evening.