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

:: since Tuesday afternoon, and i.
!. at the time of going to press +
+ today Thursday noOn) had i
!. not reached an agreement. I.
i 1t is reported that the jury !.
+ is divided on the question of i.
+ acquittal or conviction. i.
Up to noon Thursday 16 witnesses
had been examined by the state in
the trial of John Mueller.
There has not been a great deal
added to the testimony of the first
witness, Hens, except by way of cor
roboration of the story he told. His
wife and two daughters have testi-
fed, and also number of neigh
bOrs, two physicians, and the de-
fendant, Mueller.
The essential points of the story
told by the Hens family and the
testimony of John Heupel have been
given in these columns.
Albert Olson identified the gun
with which it is alleged the shooting
was done. DR.. L. G. Smith and DR..
w. A. Gerrish testified as to the
treatment they had accorded the
victims and the condition in which
they found them. Gottlieb Hens, a
brother of the elder Hens, did not
arrive at the home until the day
after the shooting, SO his testimony
did not add any essential details.
George Moug, H. N. Foster, Ed.
Olson, Karl Entzi, Henry Martel,
and Gottlieb Kolb each added their
bit to the chain of evidence which
the state l. aude~sartrx 70 build up.
John Mueller was called andrgave
testimony for some little time. He
said, in reply, to the questioning of
the lawyers, that he could not re-
member having shot but that he re-
membered having the revolver in
his hands afterward. He also testi
fed that he was injured once when
haying, by the sudden starting up
of the horses. At another time he
was hanging by his toes from raft
er in the barn to "show off" before
some girl friends, when one of them
pushed him and he fell onto his
head.
He was also asked as to a trip he
had taken awsy from home, an al
legged Runaway" trip, and he ad-
mitted that he had gone to Fargo
end upon further questioning, that
he had also gone to Seattle.
Mueller left the stand at 11:45.
Nuellers Testify for Son.
Thursday afternoon Mrs. Mueller,
the mother of the alleged murderer,
was placed on the stand by the de-
fense. Knauf & Knauf, in their ex-
animation, brought out that there
was q strain of mental taint in. the
family of Mrs. Mueller that had
shown itself in her grandfather,
her uncle and again in her son. The
family are subject to violent and
uncomfortable anger, according to
her testimony.
The prosecution asked the wit
ness in regard to her, going over to
the Hens home with her husband
Just after the murder had been COM
mitted. 1t developed that the Muel-
lers> did not know just what John
had done, that the brother had shak-
en- him and tried to get him to tell
what had happened, and that they
went because they knew something
had occurred and wished to see
what was wrong and do what they
could to help the Hens family.
On account of its being necessary
for one of the jurors, Rudolph
Hamm of jamestown, to be absent
to attend the funeral of his wife's
father yesterday afternoon, the
court took a recess at 3:45, to meet
again at $3.50 this (Friday) morn
ing.
When court convened this morn
ing, Mrs. Mueller was again placed
on the stand.
The prosecution attempted to, lead,
her to admit that q certain alleged
fit that John had in 1914 when
trouble arose between her husband
and John while the latter was rum
ming the binder, was in reality due
to chastisement inflicted by the el-
der Mueller and that John was an
cry and threatened to. run away.
she, denied this. however :: Attor-
ney Thorp asked: ssi;yif