Warren sheaf. [volume] (Warren, Marshall County, Minn.) 1880-current, 1911-05-11
DISMISSAL OF THE CHARGES OF
MURDER RESTS WITH THE
DISTRICT ATTORNEY.
81 WITNESSED WERE EXAMINED
State Rests Its case-Its Principal
Witness, Fred Thorbahn, Tells
Of Fight and Sur
render.

Hayward, Wis, May 9.-There is a
strong probability that Mrs. Hattie
Deitz and her son Leslie will soon be
free of the charge of murder. A mo-
ton for dismissal will be made by
these two defendants, and it is doubt
full whether the states attorney will
have any objection to offer.
The noticeable absence of any ev1.
dence, direct or indirect, tending to
show that either Mrs. Deitz or her son
had any hand in the gun play defense
Of the cabin, which Is alleged to have
resulted in the killing of Deputy o.
car Harp, has been one Of the features
Of the trial.
After the examination Of 81 wit
nesses, beginning just a waek ago,
the state rested its case. Deitz is
far from loquacious about the line OF
evidence he will submit in the defense.
He still refuses to say definitely
whether he will go on th" stand or
not, or whether he Will have Leslie or
Mrs Deitz testify.
Subpoenaes have been issued for "a
witnesses for the defense. Leslie said
that his father had not decided who
would be put on the stand first. "Our
evidence will take up the rest of the
week." he says 1--WE may only ex-
anime those who have subpoenaed,
and we may subpoena anywhere from
LOO to 156 more"
Point State May Emphasize.
Before adjournment the state In.
troduced one point which they will
undoubtedly emphasize before the
Jury. Former District Attorney
Davies, In whose custody the Deitz
arsenal" and ammunition has been
since the fight, testified that In the
assortment of cartridges recovered
from the Deitz cabin there were three
makes-Peters, U. M. c., and Win
chester-and that they were Of assert.
ed calibers and competitions. He tes-
tilted that all the 1890 caAbsr, full
metal patch Winchester bullets, had
the letter "W' on them, and that all
such bullets which have been bought
recently do not have the letter on
them.
By this the state hopes to prove
that the bullets from the Deitz guns
were the only ones bearing the distiac.
tive marks that were found on the
bullet that killed Harp.
When the Deitz "arsenaT was
brought into court and Fred Thorbahn
testified to the caliber and make Of
the different pieces, Deitz insisted up.
on knowing where his two Luger pis.
tolls were, and Thorbahn was made
to disgorge them from his pockets.
Judge Reid ordered the guns re.
moved from the room as soon as the
testimony was submitted.
One of the last witnesses put on by
the state was A. F. Quail, of Hayward,
who accompanied James Andrew, the
surveyor on October Is, when he made
the Typographical survey OF the
ground at Cameron Dam and the plat
from which the state attempted to
prove that bullet fired in straight
line from either of the port holes in
the barn roof could have cleared the
lumber piles by twelve inches and
have reached the spot where Harp
fell
When that testimony was intro
duced Deitz at the time declared that
the lumber piles had been lowered by
the state to allow the passage Of a
bullet and the making Of the chart.
Mr.. Quail, on the stand, testified that
when the measurements for the sur
vey were taken, one week after the
fight, the lumber on the top Of the