The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1914-12-03

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he is the victim of a plot that will
take the most astute legal minds to-
Icombat.
John Michels. the victim OF the al
legged attack by the accused on the
night of October Is last, was the
first witness for the state. After de-
failing the fact that he had been a
resident of Mitchell for the past 3 2
years and was acquainted with the
prisoner for the past ten years, the
witness plunged directly into the in
cidents surrounding the shooting.
On the night of the shooting, he
testified, he and Mrs. Miche1s had
been invited to Mrs. Heuermann's
departments over the Lakota restaur-
ant to celebrate the birthday OF her
aged mother, Mrs. John Kipgsberg.
of Woonsocket. There were present
at the time, Mr.. and Mrs. Kingsberg,
Mrs. Heuermann and her two daugh-:
tiers. Celia ard Mabel Heuermann,
and Mr.. and Mrs. Miche1s. The Wit
ness then showed on the stenograph-
er's table In the court room the seat
of each of the seven people In the
room in which the shots we're fired.
Mrs. Heuermann was seated at
the east side, with her back about
15 feet from the window at the east
of the room, overlooking the roof
of the one-story kitchen adjoining
Her father, Mr.. Kingsberg. was on
the north side Of the table, Celia was
at the northwest corner, Mrs. Kings.
berg on the west side, Mabel on the
southwest corner, Mr.. Michels on the
south side and Mrs, Michels on the
southeast corner. -
Mr.. Michels described the excite
ment in the room when the six shots
were fired from the window. how
he had yelled to the other persons
to lie on the floor and how he had
supported his wife when she was
struck by the second bullet fired.
As to previous events, he testified
that he had seen Mr.. Heuermann on
1.-THE street several times on Sunday,
but that he had not spoken. He de-
elared that last summer. the prisoner
had worked for him, painting build
ings on his farms, in order to work
out the rent due on rooms, used by
the family. He named August 4 az
a date in which he had quarrelled
with the prisoner, after he had child
ed him for drinking and not taking
better care of his family.
Characterization broughteOnt the
business that Mr.. Michels had follow
ed since coming to Mitchell, also
that the Michels and HeuermanH
families had visited back and forth
la great deal.
Mrs. Michels followed her husband
on the stand and corroborated the
lrsas, facts OF his testimony, both as
to the location of the persons in the
room as the time OF the shooting,
1.-The relations that had existed be-
tween the two families and her
Efriend1iness. with Mrs. HerermRnn.
Celia Heuermana. the 16-year old
daughter of the prisoner, testified
for the state against her father. Her
evidence backed up that Mr.. and
Mrs. Michels rs to the incidents in
THE room at the time of the shoot
ing.
DR.. w. A. Delaney. who attended
the wounds ofeach after the shoot
ing, testified as to these facts.
One of the strong bits of evidence
for the state was given by Mrs. John
T.. Nelson, cashier in the Lakota
restaurant at the time of the shoot
ing. She testified that Mr. Heuer-
mann had come into the restaurant
on the Sunday afternoon of the day
and inquired il Mrs. Heuermann was
living upstairs.
Shortly after s o'clock in the even
ling, she testified the accused came
, into the restaurant and asked II
there was a back stairs leading up
to Mrs. Heuermann's apartments.
He stated, she testified, that PATROL
man Darling had ordered him to keep
away from the front stairs, but that
he was going to show him" I'M
Immediately after the shooting she said
that the light in the kitchen was
still on. and cast a light into the al
Hey to the rear.
The first witness on the stand this
afternoon was George B. Dabney,
manager of the Lakota at the time.
,IMr. Dabney testified that he had
seen Mr.. Heuermann come into the
/ restaurant in the evening and held
: la conversation with Mrs. Nelson,
carrying the satchel which vas later
II IOuuu uGdI tlS SCtuS UG LIZ AOCtA
at the top of the al stairs.
The jury in the case al complet-
ed late Saturday afternoon. The
members are Gerge w. Downs, y,
s. Bonham, j. A. Stultz. A. g. Shaw,
:, Charles Hendricksop, Floyd jerks,
Curt Miehels, Martin TuftY5 John
Carlson. r.. n. Thomas, A. NJ. Gard
liner and Bert Butler.
When States Attorney Miller OUT
lined the case of the prosecution at
the opening of court this mrning,
he reviewed the. details of the shoot
/, ing as were made public In The Re-
publican at hetime. 1t was of espec-
iaIN interest VIXEN he declared. the
state was prepared to prove that q
week before the shooting Heuer-
mann had purchased the smoking re-
~volver found near the scene in Aber-
deem, while on his way back to Nit
Echell.
Observation-Disclosures