Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1921-10-29
CIRCUIT COURT
Foertsch Convicted of Manslaughter in the
Second Degree Rasmussen Case
Heard -FOye Case on Trial.

AS related in last week. Chronicle
the entire week was consumed in the
trial of the Foertsch murder trial, in
fact the case did not go 20 the jury until
Tuesday night of this week. Some 80
witnesses were examined on behalf OF
the State and OF the Defense and the
case was very ably handled on both
sides The State contended that Alber-
tine Foertsch, the murdered woman,
was shot to death deliberately and that
the killing was premedi'ated, and that
he had intended TO kill his wife for
many months and finally carried out his
design and purpose. The theory of the
Defense was that the defendant came to
the house and as be entered the door
the son, Richard, opened fire on the
defendant, Joseph Foertsch, with re-
yover and that Foertsch in self defense
returned the fire and that while Foertsch
claimed not to have seen the murdered
woman in the room at all, yet if she was
there she was hit with a bullet during
the gun battle between the defendant
and bis son and that the killing could
have been nothing else than accidental
Great stress was laid upon this theory
by the attorneys for the defense and
much Of their argument in closing the
case was devoted to this point. The
final arguments of the attorneys were
made Tuesday evening, Mr. l.. b,
Adams, of Hot Springs, closing for the
Defense and Mr.. A. R. Denu, of Rapid
City, making the final plea for the State.
The Court then read the instructions to
the jury upon which they retired to con-
slider the case. The jury wrestled with
the matter all Tuesday night and until
about noon Wednesday when they re-
turned verdict finding the defendant
guilty Of msnsIaughter in the second
degree which carries with it possible
imprisonment ia the State penitentiary
for period not exceeding four years
Sentence has not yet been passed by
Judge Miser upon the defendant and it
is rlmored that the defense will if a
new trial is refused appeal the case to
the Supreme Court. If this is done bail
will probably be fixed by Judge Miser
and if furnished by the defendant he
will be released after a confinement In
jail OF more than three months. As is
usual in a case of this kind many
opinions have been expressed of differ
ent shades and the concensus Of the
same is that the defendant was very for
tunate TO get off as easily as he did
Motion for a new trial will doubtless be
argued before the present term of Court
adjourns for the Term. The sessions of
the Court were largely attended all
through the trial of this case and most
of the time the Court room was packed
with people and standing room at a
premium.
The civil suit of Hans Rasmussen VS..
Peter Rasmussen occupied all of Wed
nesday, the case going to the jury after
supper. This suit was instituted by
Hans Rasmussen against his father,
Peter Rasmussen, for $4,000 damages
for the alienation of his wife's afIec-
tions. A number of witnesses were ex-
amined for the plaintiff but none for the
defendant. The jury came in about
eleven o'clock Wednesday night and re-
turned a verdict for the plaintiff and
assessed his damages at ST., l,25O. The
defendant upon a bailment phase of the
case was committed to Jail until he can
furnish bond for the satisfaction of the
judgment.
Thursday morning one of the cases of
A. E. toye against Chas h. Burkhart,
ct. al, was called and is being heard.
Today it is expected that the case of
+. +. Serry vs. the County of Custer will
begin.