The Dickinson press., 1908-12-05
CASE PUT OVER
Johnson Murder Case Continued.
Mott Lawyer Fights Move of
Defense. Trial May Cost
Hettinger County $1,000

De1ense. lrlal May cost
Hettinger County $1,000
Two important cases of much interest
in this vicinity were hken up this week
at the adjourned session of district court
at Bismarck, that of state vs May Stetler
of Glen Ullin, who will be tried for mur-
der in the second degree. and that of
state vs. Ingebert Johnson of Horswill
for the murder of Mons Aygaard last
June.
The Stetler case was taken up first.
The case is from Morton county but was
tried in the 9th district on change of
venue. 1t appears that early in Decem-
Der, 1907, one Anna H. Clausen died at
Glen Ullin under suspicious circum-
stances. Coroner Stark being notified.
impaneled Jury which. after hearing
the evidence. rendered the following
verdict:
THE said Anna H. Clausen came to
her death as result of criminal abor-
tion performed on the said Anna H.
Clausen by May Stetler of Glen Ullin. -
The Stetler woman was arrested at
once On coroner's warrant and brought
before Justice Tavis for a hearing. She
waived examination and was placed
under bond to appear before the district
court for trial.
She was arraiened at the regular term
of court last August and her attorneys
filed two affidavits, one of prejudice
against the presiding judge and also
against Morton county and asking for
change of venue. Both requests were
granted. The case was tranferred to
Burleigh county and Judge Kneeshaw
was called in to try it.
When the case was called Monday B.
w. Shaw, states attorney for Morton
county, was compelled to ask for con-
tinuance as his main W itness was taken
sick Saturday and Dr.. Kearney said she
was not able to leave her bed. The de-
fense agreed to the continuance.
The johnson case was then called. It
will be recalled that the affair took place
at Horswill and was a quarrel over a
load of coal. The two men were en-
ployed at the coal mines there and Ay-
gard had permission from the company
to draw load of coal from the mine to
his home and was engaged in loading
the wagon when johnson appeared. The
latter claimed that the load belonged to
him and not to Aygaard and this pro-
duced warm discussio over the sub
ject. Aygaard refused to give up to
johnson and thereupon arose hand to
hand fight. The men sprang at each
other in rage and rolled around on the
ground. Aygaard is said to have got
the best of his opponent and gave him
good licking.
johnson was sore over his defeat and
left the other in possession of the load
of coal. He went at once to his home.
getting more and more enraged. Unable
to restrain his passion, he loaded his
shot gun and started out to avenge his
defeat.
He came upon Aygaard near the lat
ter's home, driving the load of. coal
Without any warning of his Intentions,
johnson is alleged to have stepped to-
the horses head, stopped them and
aimed his gun at the defenseless driver.
Aygaard sat on the seat with his feet on
the dash board and before he could COM
prehend what the other was about to do.
johnson. it is claimed, had drawn his
gun. sending fusilade of shot toward
the unfortunate man. Ayeaard's knees
were literally blown to pieces and the
shot few in all directions, piercing his
lungs and abdomen in many places.
He died the next morning from the
effects of the shots. Aygaard was about
40 years old and left a wife and three
small children. While not poverty
stricken. they are poor people.
johnson has been confined to the jail
at Mott all this time and his wife and
children have been cared for by the
county for several months. y5
The defendants attorney, l. A.
Simpson, had the case sent to Burleigh
county on an affidavit asking for
change of venue. Monday afternoon Mr..
Simpson asked for continuance which
was resisted by the prosecution, States
Attorney George H. Stone of Mott, and
Assistant Attorney General R. N. Ste
vens. Judge Kneeshaw heard the
afidavits in support Of the motion for
continuance Tuesday and on Wednesday
granted the motion. This put the case
over to the May term of court.
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