Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-12-20
Supreme Court Had Denied
Him Another Trial and He
Will Serve Ten Years
MoclIer Had Stated He Would
Commit Suicide Rather
Than Serve Time
Was Carefully Guarded by
Sheriff Kelly TIL Safely
Within Prison Walls

Sheriff Kelley, Of Ward county, ar
rived in this city yesterday afternoon
in charge Of Dr.. Thor Moeler, con.
victed Of murder in the second degree,
and consigned him to the penitenti-
ary where he i has been sentenced to
serve ten years.
This "dressing in" of Dr.. MoelIer
last night, closes one Of the most SEN
sationaI legal battles in the history Of
the state. Or. Moeler was one Ct the
prominent physicians at Minot at the
time of his arrest on a charge of sec
ond degree murder. He. was convict
ed and his punishment fixed at ten
years by the jury On appeal to the
supreme court his attorneys secured
a new trial, and the case was taken
to another county Again did the jury
find him guilty and fix his punishment
at ten years imprisonment. On ap-
peal the supreme court upheld the
lower court, but with skilfu counsel
Moeler still fought for his liberty and
a short time ago was granted a re-
hearing. Only two days ago the su
prcme curt decided the technical
point was against him, and within
thirty hours Dr.. MoelIcr.-was safely
within the walls Of the prison.
STORY OF THE CRIME.
The crime of which Or. Moeller was
convicted was that OF performing a
criminal operation upon Miss Gina
~ ~ ho NJ
young banker by the name Of L. w.
Dale. The operation was not only un-
successful, but no proper attention
was given the girl, no nurse was pro-
vded and for several days she was
left alone in the room In a hotel with
none but Dale and the doctor. Final
Iy, lacking the moral courage to stay
by the girl whom he had ruined, Dale
sncaked away and she was left alone.
The mysterious circumstances sur
rounding the entire case and the
death Of the girl caused the authori-
ties to get busy and make an ,investi-
cation.
Then came a long series of legal
battles, the struggle being in all prob
ability the greatest in the annals Of
criminal courts in the state. Too
much credit cannot be given Dudley
Nash, who was, during this time, the
states attorney Of Ward county. He
practically had to convict DR.. MoeiIcr
four times, and his accompIice Dale,
once, before he could get MoeIer in
side the gates. 1t was a terrific battle
and Mr.. Nash established a reputa-
ton for prosecution through his splen-
did, work.
Dale, the young man who caused
the girls downfall, was sentenced to
ten years, but was released on ac-
count Of poor health after serving a
short time and soon died Of consump-
ton,
THREATENED SUICIDE.
Moeler had always declared he
never. would go to prison, and it was
generally understood that he intend
ed to commit suicide in case he was
cornered to that point where he had
to submit to the inevitable. Sheriff
Kelley was determined that he should
not be defeated in his effort to land
the doctor when he received the word
to take him in charge. On Wednes-
day when he received the remittatur
Sheriff Kelley went quietly to the doc
tors :office, took him in charge,
sarched him thoroughly for poisons
or any instrument by which he might
commit suicide. A guard was placed
with the doctor in the Jail cell and
watched him all through the night.
The next morning Mr.. Kelley started
for Bismarck with his prisoner and
never released his vigilance until the
doctor was delivered to the prison au-
thorties. The train was stopped yes
terday afternoon at the prison and the
doctor was taken directly to the in
stitution without coming up town. It
was quick work, for within thirty
hours after the supreme court had de-
Iivered its opinion the defendant was
safely within the prison walls.
The case has served an awful les
son, in this state. It depicted the
trusting, innocent young girl, the
trifIing lover who lacked the manhood
and the stamina worthy Of her; III
bungling practitioner, and the fatal
finale. It also placed on record a case
Of legal technicalities, the greatest ev- /
er known In the state, and finally
closes with the death OF both lovers,
and the imprisonment Of the naLprac-
ticing doctor IN the case.