Evening star., 1909-01-18
.0FFUTT SAYS GUILTY
Pleads to Second-D Degree Mur-
der at Rockville, Md.
KILLED FRANK KRETZEMER
Court Imposes Penitentiary Sentence
of Fifteen Years.
TRIAL ENDS UNEXPECTEDLY
Judges, Counsel and Defendant Hold
Conference and Reach Agree
ment Satisfactory to All.
TRIAL ENDS UNEXPECTEDLY

ment Satisfactory TO ALI.
Special Dispatch to The Star.
ROCKVILLE, Md, January 1S.-Nicho-
las Offutt, who shot and killed Frank
Kretzemer of this place October 81 last,
years in the penitentiary, the defendant
having pleaded guilty of murder in the
second degree. The plea was accepted by
the counsel for the state.
The case was called for trial this morn
ing. Forty-four witnesses were sum-
moned. The indications were that q long
trial was imminent, SO the sudden ending
was a surprise to every one. 1t had been
previously agreed to submit the case to
the court. trial by jury being waived.
Chief Judge Worthington was not pres
ent, but Judges Henderson and MotteI
occupied their places on the bench.
Attorney General Isaac L. Straus was
associated with States Attorney Bowie
F. Waters In the prosecution. The de-
fendant was represented by Edward c.
Peter, Robert +. Peter and Outerbridge
Spates.
Hold a Conference.
Immediately after the case was called
Counsel for the state and for the defense
and the defendant and his uncle, Mayor
Lee Ofutt, entered the judges room
where a half,hour conference was held.
At its conclusion Attorney General
Straus for the state announced to the
court that the state had agreed to ac-
cept verdict Of guilty of murder in the
second degree, and that the sentence
Shnnl6 in hn ON.
tiary.
Edward G. Peter, chief counsel for the
defense, accordingly asked that the plea
of not guilty be withdrawn and a plea Of
guilty of murder In the second degree sub
stituted. Several witnesses were called by
the prosecution to prove the circumstances
surrounding the death of kretzemer.
Announces the Verdict.
Following this formality Judge Hender-
son announced that the verdict Of the
court would be guilty Of murder in the
diately sentenced Offutt to Imprisonment
for fifteen years in the penitentiary.
In pronouncing sentence Judge Hender-
son said that it was a painful duty to
him, as the defendants father and grand
father had both been his friends. He re-
marked that, while drunkenness Is no ex-
cuse for crime, the counsel for the state
rounding the case, acted properly in
agreeing to the verdict rendered.
After shaking hands with a few friends
Offutt was taken back to Jail by the
sheriff.
Appearance Of Attorney General.
The appearance Of Attorney General
Strauss In the case was at the instance of
States Attorney Waters and Is one Of q
very few times within the history Of the
state that an attorney general has been
called, upon to assist in criminal prose-
cution.
It was thought at one time that the
state would ask for a change Of venue
on the ground that q fair trial could
torney Waters had made up his mind to
make such q request, but the defense
sfgnif1ed its willingness to submit the
case to the court, waving trial by jury,
which proved satisfactory to the prose-
cution.
Offut is the son Of the late Nicholas D.
Offutt, jr., and nephew of Mayor Lee
Offutt of Rockville. For short vile he
held a position in the War Department
at Washington, He attained his majority
in November.
Ever since he has been in Jail here Of
futt's relatives have done everything in
their power to make his prison life bear
able. His cell has been provided with
sent from home, his sisters and brothers
daily visit the jail and spend much time
with him, and each evening his mother
proceeds to the little stone prison.
In spite of the charge against him,
young Onfutt has not once, 1t Is said. ap-
psared downcast. On the contrary, he is
said to have all along been in the best Of
spirits.
Kretzemer Native Of Russia.
Young Kretzemer was a Hebrew and
was about twenty-five years of age. About
two years ago he left his home in Russia
and began his business career by becoming
a pedler-carrying a pack He was not
more than five feet two inches in height,
and weighing scarcely 100 pounds. He
saved sufficient money to enable him to
join with Louis Pachino, fellow-country-
man, who conducts a store at Halpine, two
miles east OF Rockville, and purchase the
merchandising business of James A. Kemp
at this place. He had been in charge of
the business only about two months.
Two of Kretzeners brothers and a sister
reside in Baltimore. One of the brothers
and does not yet know of the occurrence
In Rockville. The news has also been
kept from the parents in Russia, who con-
tinue to send letters to Rockville.
Cause of the Tragedy.
The defendants sister, Eleanor Offutt, a
little girl Of twelve or thirteen years, was
the innocent cause of the tragedy. She
was one of a party Of young folks who
entered the store conducted by kretze-
mer to play Halloween pranks. and while
the fun was in progress the merchant
playfully raised the mask which hid the
child's features. The string broke or
was united, and the mask came off.
Kretzemer laughingly handed 1t back 10
her.
The children went out to visit other
places, and the incident of their visit had
about been forgotten In the store, when
young Offutt appeared at the door and
called Kretzemer outside. 1t Is said that
Onutt accused the merchant of having In
suited his sister, and then dealt him sew
eral blows with his fists. KretZemer ran
back into the store, and Offutt left, going
to the Montgomery Hotel, $50 yards away.
offut Opens Fire.
In less than an hour Offutt returned and
resumed the quarrel Becoming fright
ened at Offutt's manner, Kretzemer ran
behind the counter, and as Offutt at
tempted to strike him with weight he
started for back door. Offutt drew his
revolver. and just as the door closed be-
hind Kretzemer he opened fire, four or
five bullets passing through the glass
panel Of the door, three of them entering
- mt, h~SH