The Norfolk weekly news-journal. (Norfolk, Neb.) 1900-19??, 1906-12-14


Koenigsten is being assisted by II. f.
Barnhart in the prosecution.
.Elseffer's Testimony.
Young Elseffer who returned from
Armour Institute at Chicago to give
testimony, was put on the stand. He
told how he and n number of other
youths from Norfolk had driven to
the Elkhorn river, south of the city,
on the August afternoon year ago
last summer. They hitched their
teams on the east side of the Thir-
teenth street bridge and crossed the
fence into Burr Taft's land, as they
had been informed by Dietz the week
before that they must keep off his
land. They undressed In the grove,
stepped into the river from Tafts land
and then walked down stream In the
river to the swimming hole, which was
opposite land belonging to Dletz.
There was only one good swimming
hole, deep enough for enjoyable bath
ing, and that was this spot off from
Dietz' land They had consulted an
attorney, when notified by Dietz to
keep off his premises, and had been
told that they could, within the law,
get into the river on Taft's land, walk
into the swimming hole opposite Dietz'
land, and swim without trespassing on
Dietz' property.
Dietz Appears With Gun and Dog.
After the boys had been swimming
for fifteen or twenty minutes, Dietz
appeared on the shore, his dog at his
side and a shotgun in his hand. He
ordered the swimmers to get out of the
river. They replied that they had a
right in the river and that they had
consulted an attorney on the point
There was one member of the party
who had not gone into the water.
Spencer Butterfield had remained on
the shore and when the crowd went
into the swimming hole, he walked
down upon Dietz' land, to be near the
swimmers. Detz, after his argument
with the swimmers took Spencer But
terrified off his premises, landing him
on Taft's property.
Having disposed of the Butterfield
land nearest the swimmers.
Dog Refuses; Fires a Shot.
He attempted to set his dog upon
the crowd, but the animal refused to
make an attack.
At this, Dietz put his shotgun to his
a charge of shot into the river, in the
direction of the swimmers.
The load struck in the water within
two or three feet of Elseffer.
When the shot had been fired, the
swimmers made haste to walk up
stream in the water, toward their
clothing, intending to quickly drive to
town and have Dietz arrested.
A Race to the Clothes.
Dietz started toward the clothes at
the same time. Two or three of the
boys secured their clothing before
Dietz arrived, but four of them were
not fast enough and Dietz seized the
clothing Of Elseffer, Archie and Harold
Cow, and Sam Erskine. With these
clothes in his arm, he started toward
his own house.
The young men followed him. Dietz
turned around at least twice and
glanced back at the lads who were
coming after him. zone witness
thought he turned three times.)
Then He Shot Elseffer.
Then, while the crowd of boys were
still at least six or eight feet away
from Dietz, according to the testimony,
he aimed his gun and fired. The
charge struck young Elseffer in the
groin and in the foot.
The defense made light of the story
that the shot could strike both the
groin and the foot, but Sam Erskine,
after Elseffer's testimony, said that he
was directly behind Elseffer and that
when the shot was fired, Elseffer
jumped, throwing his foot and groin
in the same line, where the charge
struck both.
According to witnesses, there was
nobody on the other side of Dietz when
he fired, so that all of the boys were
in front of him. He was not surround
ed. Elseffer testified that Dietz had
Tie oNcl lSlb al III WlCu
he shot, but others said the clothing
dropped from his arm when he fired.
No One Laid Hands on Him.
Although the defense declared in its
opening statement that it would be
proven that the boys had attacked
Dietz with a club before he fired, the
testimony of Elseffer, Erskine and the
two Cows fatty denied this and they
declared that no one had laid a hand
upon Dietz until after he had shot
Elseffer.
AS soon as Elseffer had been shot,
Sam Erskine and Archie Cow jumped
in and wrestled with Dietz, wrestling
from him the gun. Archie Cow took
out the shells and took the gun to
town.
Dletz Helped Victim Into Buggy
1t was testified that after the shoot
In fabian IN Tho ,,iNnr