Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1916-07-27
he person affected committed


homicide?"
IF this was typical grand mall
attack, he would lose consciousness
Immediately as soon as the stiffen-
ing of the muscles began?"
YES"
Then, if he had a grand mall at
tack, he couldn't perform the CO.
ordinate movement of reaching for
the gun and shooting it,"
mo, SIR
"Then if he had a psychic attack
as you claim, and it should be proved
that psychic attacks do not last over
Is or 20 minutes, he could not have
performed the act while under the
influence of the psychic attack"
The doctor admitted that the ac-
tions described as taking place be-
fore and after the shooting were not
the usual accompaniments of psychic
epilepsy. If the shooting was done
while Mueller was insane or while
he had this epileptic attack, it was
an unusual case.
State Rested Its Case.
DR.. Peake continued to testify un-
til noon, when court adjourned to
reconvene at 2 p. M, the state then
introduced the following witnesses ::
John Heupel, Geo. Moug, Mrs.
Braeninse, and DR.. Hotchkiss. The
first three testified but briefly, CIV
ing few statements in rebuttal Of
previous testimony. DR.. Hotchkiss
denied having any knowledge of, or
having read of cases where psychic
epilepsy lasted for any length of
time The state rested at 3:15 p.
m. and the long trial appeared
drawing to an end with the closing
arguments of counsel.
Arguments of Lawyers Begun.
States Attorney Russell D. Chase,
who has been in the court room
throughout the trial, but who has
not taken any active part in the ex-
animation of witnesses, gave the
closing arguments for the prosecu-
tion. His speech lasted slightly over
two hours.
He pleaded with the jury that
they might lay aside their natural
sympathy for the defendant and
the members of his family and
might be willing to uphold the dig
nifty of the state, of its law, and of
it's civilization.
And II any feelings are legiti-
mate for anyone, they may we'll be
that has had to stand so much grief.
In order to fully appreciate the
enormity of the offence and the true
conditions of the case, Mr.. Chase
first drew to the attention of the
jury the character of John Mueller,
his backwardness in school, his vio-
lent temper and the frequent VIC
lent quarrels that all of the Mueller
family engaged in.
Why did he shoot Valentine Hens?
After all the evidence is sifted, the
attorney said, it seems that the
most probable reason is that stated
by the defendant after the shooting,
when he told Mrs. Hens he had shot
them because he wanted Johanna and
could not get her.
Testimony Reviewed.
Mr.. Chase then briefly reviewed
the evidence in the case.
About Jan. 9th, 1915, it was first
accurately known that Anna Muel-
ler, Johns sister, was enceinte. Be-
fore then there had ever been a
friendly feeling between the two
families. When this became known,
their friendly relations ceased.
The thread of friendship was TAX
en- up by Mueller again just before
Christmas of this last winter. UP
to this time Mueller had always
shown great anger whenever the
Hens family or Anna's relationship
to them was mentioned. So, said
the prosecutor, it could only be the
working of crafty mind that would
cause him to pretend friendship
again. His shooting was premedi-
tated, for he carried revolver for
several days. Two or three days be-
fore the shooting occurred he bought
shells for the gun. Yet at this
time he was pretending to renew
friendship.
He related how Mueller took of
his coat, left it in the house, took
his revolver with him, went to the
barn and stood where he could
watch the watering of the horses by
Valentine and his father.
While the elder Hens was out,
Valentine was assaulted in the
barn. All circumstantial evidence
goes to show that Mueller first
struck him with a hammer, and af-
ter he was down on his knees, shot
him through the head.
The claim of the defense that
Valentine had made some unholy
remark" to Mueller, rests, the pros
ecution brought out, only on Muel-
ler's own word.
Just after Valentine was shot,
Hens, his father, appeared, and he
was shot thrice. His wife ran up