The Ward County independent. [volume] (Minot, Ward County, N.D.) 1902-1965, 1909-03-04
Dr.. Moeller Guilty Of Murder
Jury Out ~ Hours Bring. in Verdict Of Murder II Second
Degree and Recommends Sentence to Be Ten
Years-Wiu Make Motion for New Trial
E The Closing Pleas IN the Famous Case

Dr.. Thor. MoeNer, charged with.
murder in the second degree, In
causing tae death OF Gina Lein,
though an operation, was found
guilty Sunday afternoon at 3 O'Clock
after the jury had been out "A
hours. The jury reported to Judge
Cess. Saturday forenoon stating
that they could not possibly agree
upon verdict. Two members OF
tae jury hung for acquittal AMI ten
for conviction. Finally one turned
with those in favor of conviction.
The Judge told the jurors that 1t
would be quite necessary for them
to arrive at verdict, as the case
had cost Ward county already a.
good many thousands OF dollars,
ami he wanted them to agree If
possible. This possibly had some
thing to do with the jury arriving
at a verdict, for stney brot in YER
dict of guilty, and recommended
that the doctor 'sbe given the light
. est sentence possible under the
charge, ten years in the peni:en-
tiary. The maximum sentence
would have been thirty years.
The doctor was in the court room
when the jury returned it's YER
dict, and as the vedict was read,
his expression did not change, tho
ne looked worn and pale from the
tedious strain OF the trial.
The Judge mas gone to Bottineau,
where he is holding seourt for Judge
Burr, and has deferred the passing
of sentence until next Mondag.
The Independent nas been infom.
ed that the attorneys for the defenta'
ant, will at that time make mo-
ton for the arrest ,af judgment. AMI
also for a new trial. If the new
trial is denied, an appeal will be
taken to the supreme court, In this
case. the doctor will probably be
admitted to bail and it may be a
year befare the result Will ae
known.
This was one OF the nardest
fought cases evar II r4ei in tA1s
district. The trial lasted for near
~ two weeks, and was hardly con-
tested at every stage.
Tie court room was crowded 10
tho doors. Friday afternoon whea
the s1torneys were making their
pleas to the 5ury. Hundreds were
turned away unable to get within
len feet of the doors. Palda male1
An urgent plea for his clien', Which
could not help hut have consider
able erect on the jury. He con
tended that the operation had been
performed by Gina Lein herself and
that DR.. Moeiler had merely done
what he could to save her life. He
cited the testimony Of Drs. NeTlove'
Windell and others to support MS
oontentions. ATTY. Bateman Of hoI
la, attorney for tine defendant al
made a strong plea in favor OF
Moeller He declared that Palsrud
who told Dale's secret, was ma
chine man and declared that all ma
chine men lie all of the time. He
sought to impeach Palsrud's testi-
mony, which If thrown out would
have reflected greatly in favor OF
the defendant.
Atty. sinkler for the state made
the closing plea, and his eloquent
flow of words and excellent de-
livery, was listened to with intent
by everyone in the court room.
Frequently his sarcastic remarks
had a tendency to cause consider
able merriment in the room AMI
once Judge Goss threatened to ar
rest the next person VINO would
laugh.
sinkler showed the strain Of the
hars work he had done and twice
asked for a recess during his argu-
inert He reviewed the case, pay
ing particular attention to the testi-
of Palsrud, which was given
at the hearing, in which the doctor
stated that he visited the sick girl
at 12 o'clock the night before sne
He'd, found der. pulse weak, ami
some temperature. The doctor I
was asked BY tae girl Il II didn't !
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