The herald-advance. (Milbank, S.D.) 1890-1922, 1909-10-22
-A@g WH"r.H ~N
.SWENS0N GUILTY
THE AGED CLAY COUNTY M,SER
OBSERVATION-DISCLOSURES
HIS SONS WIFE
ACCUSED VICTIM OF Theft
AND EVIDENCE SHOWED THAT
HE HAD GIVEN POISON
IN WHiSkEY

Vermillion-The jury in the murdec
trial of Nels Swenson returned a ver-
dict of guilty yesterday and fixed the
penalty at life Imprisonment in the
state ~penitentiary.
When the twelve jurors filed into
the courtroom yesterday after having
announced that they had agreed on
a verdict, there were not more than
a dozen people present to heal their
conclusions as to the guilt or inno-
cence of Swenson, the aged farmer
residing in Garfield township, Clay
county, who was accused of the muir
der of his daughter-in-law. Bertha
Swenson, and no one believed that
the verdict would be I'VE, the jury,
find the defendant, Nels P. Swenson,
guilty AS charged in the Indictment,
and fix the penalty at life imprison-
ment in the state prison at Sioux
Falls"
There was no demonstration on the
part of any of the Swensons when
the verdict was read. The accused
man expressed no emotion, and sat
by his attorneys in an apparently I'M
concerned state of mind. The son
Oscar was present, as was also his
wife. The latter was the only one
who seemed to realize what the con-
viction really meant, and as her
father-in-la was led away to jail
by Sheriff Kempker she broke down
completely and cried like a child.
With tears streaming down her
cheeks and sob that could not be
farewell to the aged farmer, and was
then escorted from the court room
by her husband.
SWENSON DISPLAYS WRATH
The man convicted of murder did
not seem to realize what the convic-
ton meant to him, he was mad all
the way through, and just before be-
ing taken to Jail started to display
his wrath to member of the family
and it was not until one of his at
torneys advised him to keep still that
he would desist. He arranged with
the son Oscar to take charge of his
affairs, and turned over to him GER
tain papers and deposit checks that
he had on his person.
Owing to the fact hat the day was
Sunday, Judge r. B. Trip would not
set the day for p~ronouncing sentence.
In the meantime SwensOn will be III
charge of Sheriff Kempker. Attor-
ney August FrieOerg, when asked as
to what the defense would, do, replied
that a motion for a new trial would
be made just as soon as possible. IN
case a new trial Is denied an appeal
will be made to the supreme court.
HISTORY OF THE CRIME
The crime for which Nels p. Sven
son stands convicted was committed
on Wednesday. July Z. 1903. at the
SwensOn farm home near Alsen, IN
Garfield township. Clay county. On
that day Bertha Swenson, wife of
Charles Swenson. and daughter-in-
law of Nels Swenson, arose for the
days work at an early hour, as was
her usual custom. h prepared the
breakfast, and after breakfast wash
ed the dishes and tidied up her home.
During the forenoon she baked
bread, fried doughnuts, got dinner
and attended to other work about the
house. She was apparently in the
best of spirits. The elder Swenson
arrived at the house about noon. but
the son Charles did not sit down to
dinner, until a half hour later. Dur
at dinner Bertha remained with him
in the dining room. Just what too
place at that time was not made
clear. A half hour later when Char
les came to dinner Bertha had gone
into the attic. He did not think much
of this. After finishing dinner ne
went out to do some chores, m
then returned to the house to tell
Bertha that he was gong to go over
to Oscars to finish scraping. Not
finding his wife in the kitchen or
elsewhere in the rooms below. he
started to the attic. At the top of
the stairs he found Bertha lying
could get no answer from her, and
when he picked her up to carry her
downstairs she began vomiting.
sCOFFED AT HER SICKNESS
The elder Swenson came into the
house about this time. n was told
that Bertha was sick and needed a
Idea that she was sick and told Char
lev that she was dead drunk. In
stead Of going at once for a physic-
ian, Charley ook the old mans word
for 1t. and waited.
After an hour had elapsed. the
husband concluded that the sickness
was other than a plain drunk. and
he went to a neighbours and tele-
lphoned for a physician at Beres-
ford. DR.. A. ". Elliott arrived about
the supper hour. and to him the ell
der Swenson took particular pains to
| convey the impression that the wom-
an was only drunk. After the ply
stefan left. Bertha rallied from her
stup or, and called for water. She al
so said that h was freezing. and
asked to be covered up. About Z
o'clock Charley remarked that 1t was
No Appeal For Victor