Bismarck daily tribune., 1908-11-28
LOGAN COUNTY
MURDER CASE
Prosecution Rests in Per-
mann Murder Trial---De.
fendant Goes on Stand
Claiming Self Defense as
Sommeffelt Had a Pistol

In the Permann murder case al
most all of Tuesday afternoon was
taken up with the cross examination
of Mrs. Sommerfelt, widow of the
man who, it is alleged, was murder
ed. J. P. Bartell, of Bismarck, is
present and is doing good work as
an interpreter. Mrs. Sommerfelt and
number of other witnesses requir-
ed the services of an interpreter.
In the course of her examination,
she contradictetd some statements
she made before the coroner, that
is, according to the report of the
coroner's inquest These statements
were in regard to revolver, and she
now denies having said anything
about a revolver before, while the re-
port of the inquest seems to show
that she did make some statements
about a revolver at that time.
The cross examination was severe
and the questions asked by the coun-
sci foreshadowed the line Of defense.
Witness was asked number of ques-
tions, the most of which she mega
tived, which would tend to establish
case of self defense, on the part
of the defendant.
At the time of the adjournment
counsel for the state announced that
the testimony for the state was all
completed except for small piece of
evidence which it was desired to in
troduuce to show the hostile feeling
which existed between the Permann
and Sommerfelt families. The jury
was excused while counsel argued
the propriety of offering this evil
dence and the court took the ques-
tion under advisement when adjourn
ment was taken.
At ten o'clock Wednesday morning
the state announced that it rested
and Judge Lauder then opened the
| case of the defendant to the jury.
He went into detail as to the matters
the defendant will seek to prove,
among other things that the defend
| ant did not intend to kill the deceas-
ed, Sommerfelt, and that, in fact, the
Sommerfelts were the aggressors and
the defandant acted in self defense
of his father who was being attacked
| by Sommrefelt and who was lying
| underneath Sommerfelt at the time,
| and that Sommerfelt had revolver
in his hand at the time.
After several witnesses for the de-
fendant had testified relative to state
ments alleged to have been made af-
ter the homicide by Mrs. Sommerfelt,
who was dismissed without cross ex-
animation by the state, the defend
| ant, John Permann, went on the
| stand. The witness knows English
to some extent and answers most of
the questions in that language but
relies on the interpreter for some
Of the interrogatories put by his
counsel.
All Wednesday afternoon was ta-
ken up by the cross examination OF
| the defendant conducted by ". r.
Lowell, for the state. Witness was
carefully taken over the ground he
had covered in his direct examina-
tino, and he was led to reiterate his
story of the affray involving himself,
his brother Fred, his father Henry.
and Mr.. and Mrs. Sommerfelt. While
in the hands of his counsel, Judge
Lauder, the defendant gave his YER
sion of the attack of the SommerfeIts
and the defense of the Permanns
with dramatic viyidness, but now ne
was made to undergo the test of the
analytical batteries of counsel for
the state. The examination had not
concluded when the court announc-
ed an adjournment until Friday
morning
According to the defendants tes-
timony the deceased, sommerfelt.
and his wife, were the aggressors
and Just Immediately before the fatal
blow was struck, Michael Sommerfelt
had advanced upon Henry Permann
defendants father, with drawn re-
yolyer, after one bullet had already
been discharged by him. Henry Per
mann and Sommerfe1t grappled and
went down to the ground, sommer.
felt being on top, the revolver still
in sommerfelt,s hand. At that mo
meIt the defendant testified that he
hit Sommerfelt on the head with q