The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-06-22
JURY DECLARES
HIM GUILTY ON
SECOND BALLOT
First Ballot Taken Contained
a Blank, and Next Was
Unanimous for Conviction
SENTENCED AT ONCE
Judge Cole PrOnOunces Life
Sentence Defendant
Breaks Down in Court


orer, was found guilty last night by
a jury in district court at Valley
City of the murder of his wife N
Bismarck.
Immediately after the conviction
District Judge A. Il. Cole pronounced
sentence. which in first degree mur-
der is Imprisonment for life in the
state pentcntiary. Schneider will be
brought to the penitentiary by the
state transportation officer within the
next day or two.
There were technically two ballots,
actually one, according to informa-
tion from Valley City. The jury re
tired about p. m. On the first vote
there were II ballots for conviction
and one blank. Thercupon the jury
adjourned for supper. After supper
one more ballot was taken, with L.
voting for conviction. The verdicl
was returned at s p. m.
Schneider bike down and cried il
the court room after the conviction.
and when he was led away by an Off
ment had been imposed tears were
streaming down his cheeks.
Was Second Trial.
The trial, Schneidcr's second, be
gan on June II in Valley City, being
transferred because the defendant
claimed fair trial could not be had
in Burleigh county. Judge Englel'
presided during the drawing of tn
jury, for a day and half, and then
Judge A. 7. Cole of Fargo preside
during the trial. States Attorne
f. S. Allen made the opening state
mcnt.
The state began taking tcstimony
and ended at noon June 18, and tn
defense began. completing its testi
mony Wednesday morning. Their
was rebuttal testimony by the stat
for few mintes, and then argument
began.
Charles Simon, assistant attorneY
general, and c. f. Kelsch, for the dc
Tense, argued most of the day. p. L.
Norton, for the defense, spoke a.
yesterday morning. J. f. Sullivan, O.
Mandan, for the state, spoke aboU
two and n half hours, the charge wa
read by Judge Cole and the jury re
tired at p. m.
States Attorney Edward S. Allen o.
Burleigh county, who has been il
charge of the case since before the
first trial in district court in Bis.
marck, returned to Bismarck at noon
today.
81 believe it was a 1ust verdict"
he said. "The county officials in
Valley City and others who followed
the case closely believe it was a
just verdict. The jury was composed
of one of the most attentive bodies
of men | have ever seen in a jury
box, mostly Barnes county farmers"
The cost to Burlegh county of the
case he said, would be less than
$4,000, which includes 5000 to $7OC
paid for Schneider's witnesses, be
cause he pleaded inability to pay ex
penses himself. Schneider had two
expert witnesses, Drs. Zimmerman
and Pray, both of Valley City.
Died June Is, 1922.
1t was on June Is, 1922, that
Amelia Schneider, the second wife Of
the condemned man, died in then
home On the south side in Bismarck
There was no doctor present. Cor
oner Stroke ordered an autopsy per
formed, which was done by Drs. Lipp
and Larson, and the stomach sent 10
the University of Nort.l Dakota Lab.
oratory for examination. Experts re
ported arsenic was found in her
stomach States Attorney McCurdy
issued a warrant for Schneider's Az
rest, long preliminary examination
was held before Justice Casselman,
and he was bound to district court
for trial.
The first trial began here on Feb.
26 and ended on March 8, at 5 p. N
The jury was out from Friday until
Monday, and reported then it could
not agree, standing II TO / for con
viction.
A re-trial was ordered. Schneider
hs'u DSCH oC iiDCAty UuI Sbt-
ficiency of the bail bond was chal-
lenged by States Attorney Allen and
Schneider had been in Jail for some
time before the trial.
The dead woman was the daughter
of Mrs. Rosa Schultz, who lived in
Morton county. She and Schneider
had one child. She had been ILL.,.
Schneider claimed, and denied that
he poisoned her.
One of the states theories was
that he poisoned her to get $4,000 life
insurance carried on her, which new
er has been paid.
The state contended also that he
wanted to get rid of her and put
witnesses on In an effort to prove
that he did wish this.
Schneider's attorneys contended
that the woman might have obtained
poison in many ways.
May Get Appeal.
One of the states witnesses who
attracted much attention In the trial
in Bismarck was Clara Fisher, who