Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-11-09
court IN OLIVER
TWO RAPE CASES ARE THE PIE.
cEs DE RESISTANCE OF III
THE CALENDAR
vERDicTs OF NOT GUILTY REND-
ERED-HusBAND ATTACKS.
DEFENDANT :.
JUDGE FINES HIM $50 IN DEFAULT
..55 OF WHICH HE is n
N .t{ 555 JAILED #

ss54 2.8s OF u VIII Ugh stt E =
VI Z h. fs5 JAILED
A jury term for Oliver county was
opened Monday morning, November 4, {
1907, Judge Winchester and party hav-
ing come up from Mandan in an auto
mobile IL
A large concorrse of people was
present straining the sleeping and
eating accommod ations Of the town of
Center to the utmost +
Four aliens were admitted to citi-
zenship, one Dane. one Norwegian,
Zone Russian and one Germa After
the oath of allegiance was administer
ed in these cases the criminal cases
were taken up and assignments made.
R. Dunn, the states attorney For Oil
yer county, was assisted BY s. u. Mich
OILS, assistant states attorney for Nor
ton county, in the prosecution Of the
criminal cases. g
A jury was soon secured in the case
against Joseph Meisel for burglary in.
the first degree. He was charged with
breaking and entering the dwelling Of
one Jacob Rothschiller in the night.
time with intent to commit rape The
defendant also has another case pend
ing against him for the alleged rape Of
| Mrs. Rothschiller after breaking into
the house. :,53
| The testimony for the, state consist
| ed OF the evidence of Jacob Rothschil-'
Ter and his wife. Joseph Meisel, form
erly lived with the Rothschill ers and
owned skeleton key that sfitted the
lock of the kitchen door. He Called
upon Mrs. Rothschiller on the night
that the charge was laid at 6 in the
afternoon, remaining until nine o'elock
and then departed. According to. the
| wife's story he returned later in the
night and finally effected an entrance
by means of a false key and after get
ting in committed the act of rape. No
;evidence was produced by the defend
] ant. ss.## "a. 5.53 .S
The jury retired early Wednesday
morning and came in for further in
Istructions from the court in the after
noon AT about o'clock announce
ment was made that the jury had
Iagreed. They came into court and up
! u ~ - 49, p.
Il on being asked whether they had
II agreed, the foreman stated that they
s had agreed to disagree. The court
thereupon ordered the jury to retire
4 again. MI. "a
The case against Christ Beanie was
/ also tried to a jury, the charge being
A rape The prosecuting witness was al
4. legged to be under eighteen years of
Il age After the state produced four
y witnesses the state rested and the
defendant waived the production oil
Z any testimony on his part. The jury
retired to deliberate.
On Tuesday afternoon the case
"a against Joseph Meisel, on the charge
n of rape, was called and demurrer
Z against the information was filed b5
Attorney Al. 4. Patterson, who hat
!. been asked to take charge OF the cas-:
by Attorney Gibson for defendant. Ths
s demurrer was argued and denied sb.
!, the court and the else continued owe
Z the term. s@5 & ss
On Wednesday morning, after Sbe
!, ing out all night, the juries in boil
81 criminal cases came into court ant
4 rendered yerdicts of not guilty in bot
cases. The entire jury panel wa
3 then dismissed for the term.
The civil case Of Ludwig ,Kitzmann
8 Sr,svs. Julius Keuthen was called all,
" tried before the court without a jurs
y The charge in this case is false In
& fprisonment and malicious prosecution
z growing out of an arrest Of LudWi
: kitzmann made in June, 1906, at fh
instance of Julius Keuthen and Kit;
s mann asked for 81 900 damages ia
the false Imprisonment. The defend
ant had Kitzmann and his son arres
If ed for grand larceny. charging th
o-I tehft of wire fence. Kitzmann an
e. son we're hailed before the village lii
II tice and gave bonds for 5000 and hire
Is several lawyers. On the day Of 4iea1
It Ing Ksuthen did not appear and til
n case against the Kitzmanns was di
d missed. They had, however sustain
~ ed some expenses and a great deal
Ie anguish Of soul and they thought 81
M 600 would be At least some balm K
~ their wounds
Is AT time of writing no decision ha
,oI been rendered.
IL On Wednesday. after the jury
le5 the Msfsel case delivered their We
EN- dict of not quilts the husband Of I'll
i complainant Witness, Jacob Rothschi
IS Ter attacked the former defendan
Joseph MeiseI, and struck him sever,