The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-12-20
M0ELLER FOUGHT
HARD FOR FREEDOM
Case Before Supreme Court
Three Times-Is Ready
to Serve Sentence.

Moeller. who yesterday was taken to
the state penitentiary to begin serving
a ten-year sentence for the killing OF
Miss Gina Lien of Union. has made
tory OF the state for his freedom.
But. with his last hope for freedom
shattered by the supreme court, he
appears willing to serve his time.
II am ready to serve those ten
years." he said when arrested. 1--WE
suffered more now than l could ever
suffer in the peniteitnary."
Ever since he was arrested on a
warrant. charging him with causing
the girls death. DIR. Moeller has
fought hard for his freedom. Twice
he has been convicted in the district
court In this county. and three times
his case has been considered by the
supreme court of the state.
Girls Death Caused Arrest.
Gina Lien, for whose death Dr..
Moeller was held responsible by two
juries and by the supreme court of
the state, was the daughter OF Erick
Lien. a resident of Union, Cavalier
county, North Dakota. She came to
Minot October 4. 1909. after having
Forks. who had refused to perform
the operation she desired. According
TO DR.. Engstad's testimony. given at
the preliminary hearing and at the
trial of the case. he had made the girl
promise to MARI L. ". Dale. whom
she charged with being responsible for
her condition.
Minot and according to Dale's testi-
mony at the %coroner's inquest they
had agreed to get married. However.
the plans We're not carried out. but at
. o'clock on the morning OF October
S. Miss Lien passed away. Follow
ing the %coroner's inquest DR.: Moeller
was arrested. as was L. w. Dale. who
was charged with completely.
Dale Died Last Winter.
Dale. who was assistant cashier OF
a bank at Lorraine. was tried and con-
victed. He was sentenced to ten years
in the penitentiary and served a little
over a wear WIN he was pardoned be-
cause he was reported to be dying
from tuberculosis. A few months lat
er Dale passed away. a victim OF the
ravages Of the white plague.
Moeller Fights Stubbornly.
Moeller was first convicted on Feb
ruary IS. 1909. and the penalty fixed
at ten years In the p~enitentiary by the
jury. Judge E. B. Goss. now a JUS
tice of the supreme court, presided at
the first trial.
A new trial was denied by Judge
Goss on May 1. 1909. and the case was
appealed to the supreme court. On
May 6. 1910. the supreme court hand
ed down a decision. reversing the de-
cision of the lower court and ordering
e. new trial. The new trial was COM
menced late in January. 1911. and on
February 4. a jury again returned a
verdict finding DR.. Moeller guilty of
murder In the second degree. The trial
of this case was before Judge K. E.
Leighton and he refused to grant a
new trial. The defendant again was
CnNtnSroA6 "a NNHy 49, =.
p~enitenttary. The case was carried to
the supreme court and in June last. a
decision was handed down affirming
the verdict OF the lower court and
denying a new trial. A r%e-hearing was
applied for and was granted, argu-
ments having been made only a few
weeks ago. but after considering the
case a third time, the court refused to
grant a new trial and Moeller's ar
rest followed.
Court Reversed Itself.
A peculiar feature OF the trial Of the
last case was the action of the su.
preme court in reversing a former de.
cision with regard to the testimony Of
DR.. E. j. Engstad. In the fist trial. g
ruling in connection with the doctor.
testimony made by Judge Goss, wa
assigned as an error by the supreme
court when they considered the case
after the first trial. at which time they
ordered a new trial. In the second
trial OF the case DR.. Engstad was no.
present. but his testimony at thu
former trial was introduced and Judge
Leighton ruled as Judge Goss hat
ruled on objections to the testimony
The ruling was again assigned as az
error by the defendants attorneys. bu,
this time the supreme court rendered
a decision upholding the ruling. TIL,
court held that certain features of tn.
case had not been properly placed be.
fore the court at the first hearing ant
mad thus led hem to make their frs
decision. which they held in THE sec,
ond hearing was not correct. It wa,
on this feature Of the case that a re.
hearing was granted.
Prisoner Closely Guarded.
DIR. Moeller had learned last nigh,
that the ease had been decided agains
him and was not surprised when Sher.
1T Kelley arrived at Velva for him
He arranged for the disposition of hi
business affairs and an hour after tn,
sherlts arrival was on his way to thi,
City. 1t has been frequently reported
that the physician had said that hi
would never serve the time and con.
s~equently he is being closely guarded
so that he will have no opportunity o,
taking. his own life. His attitude
when arrested. however, is taken Il
Indicate that he is so relieved nov
That the suspense Is over, that he vii
serve his sentence willingly.
CAVALIER PIONEER DEAD.