The Norfolk weekly news-journal. (Norfolk, Neb.) 1900-19??, 1906-12-14
TESTIMONY OF THE DEFENSE.
Dietz Corroborated Story Excepting
the Detail of Gun Discharge.


Madison, Neb., Dec. 11.-Special to
The News: All of the testimony in
the case against Eugene Dietz, who is
on trial for shooting Bartie Elseffer
of Norfolk, was concluded, the attor
neys finished their arguments and the
case went to the jury late today.
Immediately after the testimony had
been concluded this afternoon, Attor
ney Barnhart for the prosecution ad
dressed the jury, and he was followed
by Attorney Tyler for the defense.
After that Senator Allen made a plea
for the defendant, and he was followed
by County Attorney Koenigstein, who
made the closing. argument in the
case. Then the fate of Dietz was CIV
en- into the hands of the following
twelve Jurors:
John w. Dover, William Dittrick, A..
NJ Cunningham, August Kaun, Will
liam Mcdonald, John w. A. Oertwich,
Charles G. Palmer, L. M. ]. Wage, c..
J. Hickson, Evert Oleson, w. G. Gun
nigham.
The Defense of Dietz.
Dietz was put on the stand in his
own behalf. His testimony corrobo-
rated that of the prosecution all
through the story of the shooting up
until the detail in regard to the dis
charge of the gun. He declared that
he did not shoot Elseffer deliberately
but that the gun was discharged acct
dentally after the boys had tugged at
him in an effort to gain their clothes
from his arm, and only after he had
been struck over the head with a
club. He claimed that he had taken
their clothing for the purpose of fore
ing them to give up their names, that
he might have them arrested for tres
passing and that he did not know
whether the gun was cooked or not.
He said Elseffer attacked him and
that he had pushed the boy away, be-
fore the gun went off.
The boys who formed the party in
their testimony, denied the statement
of Dietz that he attempted to get their
names and they swore that he made
no mention as to their names until af-
ter he had shot. They also all denied
fatty the statement on his part that
they had touched him before he shot
They swore that nobody was nearer
than six feet from him and that he
had turned around deliberately at
least twice before he fired.
The Witnesses.
The following witnesses were put on
the stand:
For the prosecution Bartie Elsef-
fer Archibald Cow, Harold Cow, Sam
Erskine, Lowell Erskine, Harlan John
son, Justice c. F. Eiseley, County At
torney Koenigstein, Charles Fl. John
son.
For the defense: Fred Hickman,
Clarie Dietz, Laura Dietz, August
Brummund, ]. F. Redman, M. D. Ty-
Ter, Eugene Dietz.
Justice Eiseley was put on the stand
to testify that he had been given the
gun in the preliminary examination
and that he turned it over to Dietz
later when Dietz called for it.
County Attorney Koenigstein testi-
fed that he had retained the shells
which were taken from the gun.
August Brummund and j. F. Red
man testified that Dietz had borne a
good reputation so far as they knew.
Certain testimony that the defense
attempted to offer by the little girls
of Dietz was ruled out. They testified
that they had seen a strange dog in the
pasture and when they told their ia
Their, he went out with his gun and
dog. The boys had testified that they
had no dog with them.