The herald-advance. (Milbank, S.D.) 1890-1922, 1913-05-30

. gel 0uA w lllI0M NlcSSLcr.
Andrew Larson, foreman of the
train crew which discovered evidence
OF violent death of one of the men, was
sworn and stated that the twn deceas-
ed persons were last seen at $50 D m.
Of May q, 1913, on the line OF tile new
work OF the G., NJ. & St. Paul Ry. in
Big Stone City, on the north side OF
cut IN center Of city.
H. f. Godfrey stated that Me,sner
boarded with him q long time and al
Ways paid his bills. His last bill was
paid with q $40 note and he received
$3.50 in change. Mr.. Godfrey could
not say whether deceased carried a
watch or not. He believes Messner
and iaerger to have been new ac~
quaintances and had never seer each
other before.
Il. A. Leroy stated that he knew
Messner first. two and one-half years
ago, learned his sign language, work.
ed with him, never knew him to walk
the track under any circumstances,
saw him every day except the dav on
which he was killed. He knew Mess
ner had q watch and chain with a gold
stone charm. He knew that some four
or tive days before, he, Leroy, and
Messner were In the %latter's room and
he knows Messner to have had at that
time $50 Or $50 anG that on April 10Th
ne deposited 500 in the Citizens Ma
tlonal bank. Messner wore a practical
~ new dark brown nat. He was stric.-
lv temperate regarding both liquor
an ! tobacco. He WAS a deaf mute aud
could not possibly have heard an
approaching tram. He was 80 years
old. He believes him to have met with
foul play. Leltoy was one Of first on
ground and the first to identify him.
out saw no evidence Of a struggle.
John X. Emerson stated that Mess
ner carried a watch on the 22nd and
always carried a watch with a larpa
Hat linked chain.
Ale Ely stated hat deceased had
quite roll of bills On May 2lst. and
also carried Il watch. He stated that
ne saw evidence Of what appeared TO
nave been a struggle near the railroad
track where the bodies were first dis
covered. The bodies of both men were
we're not left alone at any time after
being found. He knew of no one who
had seen the deceased persons after
$50 p m Of May 22nd. # any foul play
was done it must have been after or
at dusk on May 22na. Deceased was
a strong man and amply able TO care
Tor himself IN a quarrel. On question
TO witness 1t was brought out that the
pace where it had appearance Of a
struggle was where tie party had
gathered up l~aereer's remains the
night before.
g.. w. Sturgis said he Wis ited the
scene OF the tragedy and saw BODY of
\ aerger dismembered and pieces along
the track. but body Of Messner intact.
Bodies OF men were nOl rified or dis
turbed. Body Of M~essner was thrown
about - feet. He saw no evidence of
Of a struggle where bodies were found.
There were three persons there when
he got there. He thinks Messner was
standing when struck by engine. if
struck by engine at all, and knocked
about 30 feet. He could not nave been
hurled this distance by any person in
tending foul play. Did not notice what
particular position bodie, were in
when found
Peter Rode stated that he found the
body of Messner near the track about
80 a. m. May 23rd, he beine.the fir,
person to see him after his death. Saw
no evidence Of robbery or Of pockets
OF deceased persons having been riled
but tho lght 1t might have been strup-
gle as 1t looked that way. Saw no no.
boes or stranger, at all around brick
yard on night OF tragedy. Headlights
are, in a majority of cases at that
time In the evening, lighted up, but
sometimes not. Says he is usually
alone az the brick yard at S:i5 pm.
Robert Armstrong stated that he
saw the body OF Messner bout 900 a.
N. on May 23rd. Thinks Messner,
death caused by train. Did not know
the engineer OF train said to have been
cause OF death Of deceased persons:
was quite dark when train went by on
night of tragedy.
Frank Young stated that he saw the
work train coming from west on night
OF occurrence and that the train was
coming at a speed of 20 to % miles an
hour, pulled by an engine running
backwards. Was - TO 100 feet from
train when he saw it.
A. K. Crawford. being duly sworn.
stated hat William Jennings and my
self were called to examine engine No.
$685. and found blood and flesh on pi-
lot at Milbank. on the under side of
same, this engine beng the same en-
CINE that is referred to through this
testimony.
VERDICT OF JURY
State Of South Dakota
County Of Grant
An inquisitiOn holden at Mil
bank and Big Stone City in Grant
county, State of South Dakota.
on the 33rd, oath and Goth
days of May, A. d. 1913, before
Charles Flett, coroner of said
county, upon the bodies of Will
liam Messner andLeslie Yaerger,
two deaf mutes there lying dead,
by the jurors whose names are
hereto subscribed. the said ju-
rors upon their oaths do say:
That, upon all the evidence and
facts Obtainable, taken from wit
nessess duly sworn by Charles
Flett, coroner of SAID Grant coun.
ty, South Dakota, and from all
other sources obtainable, do find
that the said William Messner