Wausau pilot. [volume] (Wausau, Wis.) 1896-1940, 1914-03-03
SCHMIDT SENT TO PRISON.
Found Guilty of Murder in the Second
Degree.-Refused New Trial.

"1cAo~tCd OOISlucIdOiC dCOCHuiOH .
much so, that the court room a
times has not been large enough L
hold the crowd.
Last August the defendant, set
gun in an orchard owned by him il
the town of Weston, on what is known
as the old Ka.llenberg farm. At tn
same time posting warning at tn,
entrance of the grounds. He claimed
that his orchard was being robbed o
its fruit, and trees injured, etc
Several young men entered the or
chard on the 23d day of August, 1913
among them being George Cramer
They were induced to enter the forti
fed grounds by an unusually hand
some apple tree, filled with fruit. In
walking around, George Cramer saw
the wire which led to the set gun and
took hold OF it and gave it a pull
which discharged The gun, the load OF
shot striking him in the arm and hip
causing a severe and dangerous
wound. The boy was at once taker
to the General hospital in this city
for treatment. There was al improve
ment in few weeks, and the boy
allowed to return to his home. The
wounds did not seem to heal as they
should and he was returned to the
hospital. He grew worse and died
on the 4th of November.
Schmidt was arrested first on charge
of manslaughter which was later
changed to murder. 1t was some
time before he could have hearing,
as the wounded boy was not able to
appear in court. At the preliminary
examination the charge was changed
to murder and the defendant was
bound over to the Circuit Court. The
district attorney assisted by M. B.
Rosenberg, of the firm of Kreutzer,
Bird, Rosenberg & Okoneski, con-
Quoted the prosecution and Brown,
Pradt & Genrich were the lawyers for
the defendant. A jury, consisting of
the following named, was secured by
Tuesday morning
John Kofford Town Mcmillan.
VIM. Schilling, Town Mcmillan
J. w. belize, Town Maine.
VIM. Berger, City of Wausau.
B. f. Koscnman, City of Wausau.
Aug. Ritger, Village of Marathon.
Frank Karl, Town Eau PLANE.
Lawrence Driscoll, Spencer.
Henry Deggenhart, Town Holton.
John Berard, Town Wausau.
Walter Callahan, City of Wausa.u.
Carl Sternberg, City of Wausau
There was large number of wit
nesses examined in the case but
nothing new brought out from the
story cleaned at the preliminary
hearing, more than as to the boys
treatment at the hospital; his return
ing home and his final illness and
death.
The prosecution closed its direct
evidence on Wednesday afternoon,
and the defense took up all day
Thursday the principal testimony
being that of the defendant, who
swore that he was 81 years of age;
that he had come from Germany
when % years old and had resided
here ever since: that he conducted a
saloon at Rothschild, known as the
Schmidt & Thronl saloon. He told
all about his purchase of the Kallen-
berg farm; of the Iruit trees, and how
apples had been taken, entirely strip
ping some of the trees; after he had
tried every way possible to keep the
boys out, by posting notices that he
had poisoned the fruit, etc, and it
having no effect; that he finally set
the gun and posted signs that he had
done so: placed the gun in plain sight,
covering the lock and part of the gun
with old wash boilers.
c. w. Bunding of the State Uni
versity at Madison, testified that in
his examination he found evidences of
blood-poisoning. The lawyers on both
sides, took up all day Friday in their
arguments to the jury, N. 2. Rosen-
berry closing on Friday afternoon
about o'clock, after which the judge
gave his instructions to the jury.
There were four verdicts to be con-
in the first degree,
which is for life in states prison;
murder in the second degree, the pen
atty for which is from fourteen to
twenty-five years; manslaughter in
the second degree, the penalty for
which is from four to seven years,
and acquittal.
The jury was out for two hours and
brought in verdict of murder in the
second degree. A motion for new
trial was denied by Judge Reid and
the prisoner was then sentenced to
fourteen years in states prison at
Waupun.
The sentence of the convicted
prisoner began on the date of SEN
tence, and not on the arrival OF the
convict at the penitentiary. When
the interval between sentence and
delivery at the state prison extends
to month or more it is necessary to
secure a court order to hold the con-
Wet at the County jail
Schmidt is to be taken tonight or
tomorrow to Waupun to take up his
new assigned quarters.
WAuSAU rIARkET.