The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-12-17
TESTIMONY Ic
PRESENTED0N
DEFENSE SIDE
Korsvick Murder Case May BE
Given 10 Jury Late Today
or Early Tomorrow

Final testimony Of defense witness
es in the case of Joe korsvick. being
tried for the murder OF Arvid Pa
haininen. was given this morning.
The first witness called in the
morning session was John Handtmann
who testified for the defense. He
entered flies from an old charge Of
bootlcgring against Arsd. Arvid
had been convicted and sentenced but
the sentence had been suspended.
Charles Mcdonald and Gregory
Schmidt then testified. Mcdonald
was recalled for a brief questioning.
The defense and state both rested
their cases, and the first plea for the
prosecution was made by Milton X.
Higgins, assistant states attorney
Of Morton county. He summed up the
case briefly and quoted statutes con
corning the different degrees of muir
der.
Connolly Gives Plea
The opening uefense plea was Civ
en- by l.. n. Connolly, who brought
cut the contention that If it had been
korsvick's intention to kill Arvid he
could have shot him in the first
brawl In the cabin when Arvid was
knocked unconscious in fist fight.
He ALSO declared that korsvlck' 5
main idea was to arrest those in the
cabin, When korsvick and Patton
left the cabin, he said, Korsvick sug-
gested tying the occupants Of the
cabin so that he and ration might
20 to Mandan to have them arrested
He told how the men were lost in the
woods and declared they believed
themselves going toward Mandan
when in reality they returned to the
cabin. He gave very pathetic plea
and concluded with aIlegory.
A Dramatic Appeal
Turning ms Iase to the wall, Mr.
Connolly said that he saw a vis!o
in which thee was Il beautiful gar
den crosse BY path. At one enc
Of the path was ii lady gowned il
white and carrying al unlightct
torch, which represented justice. The
woman represented korsvick's deat
mother, he said.
At the other end Of the path hi
visioned IL men, all carrying Lighted
candles. The torch could not b,
lighted except by the united fire o.
the IL candles, he said.
G.. II. korsvick, father of the &C
cused man, also entered a plea TO
his son. He told Of the boys earl.
life, Of how he was deprived of hi
mother ut the age Of seven year
and had grown to manhood withou
mothers care. The fathers pie
concluded the morning session.
The case will go to the jury to
morrow morning or possibly late thi
afternoon.
Previous Statements Denied
Kofsvick was subjected to IA ho
drilling in crOSs-examinatiOn b
states Attorney {. Il. kelsch yestcl
day afternoon, and the attorney ia
the prosecution, who placed the trans
cript Of the preliminary hearing j
evidence, reading parts OF it to kors
wick, received denials OF sever:
statements credited 70 the allege
murderer.
The young mans frequent stat,
nent that he didn't remember"
reply to questions asked him abo,
the preliminary hearing, brought
sarcastic remark from Mr.. keisc
about the fallibility Of his memor
ihe tact that Joe, when Pahainine
was running away from him, cou
have run in the opposite directiO
and thus spared himself the shootin
was brought out by Mr. kclsch AZ
admitted by the witness.
..D.d you think when Arvid stoopt
he had u cannon out there askt
Mr.. kelsch. to which korsvick +
piled: 4, was afraid he had :. wea
on GU. there
Korsvick testified that when
chased Pahaininen from the house
followed him to keep his eye {
him."
"When you called to Pahainine
stop or ri shoot did YOU bring Il
rifle up in shooting position" as
ed Mr.. Kelsch, to watch the witne
gave a negative answer. Then 81
were kidding him when you 81.
these words p queried the states a
torney. II was bluffing. mostl!
was the reply.
other Witnesses
Charles Mcdonald then took L
stand and told briefly of events G
curing at the preliminary hearin
after which Mr.. and Mrs. fred Swe
son Of Bismarck, with whom Kol
wick roomed, appeared as charact
Witnesses. as did Charles Nollrst
a marine "buddy" of korsvick's.
The defense attempted to bring Q
strongly the contention that korsvis
who served a year in the marine
had merely followed an .'unwritt
law" Of that organization that ms
inc should arrest any civilian sc
committing crime.
Their contention was that Korsvi
had. at the time Of the braWl at I
haininen's place, reverted to his m
tarv training and that he was ;
tempting to- arrest Pahaininen.
two women and Ole Olson.
The attempt to bring this fact
was not successful, however. Jud
LAmbke sustaining objections
States Attorney Kelsch to all our
tions bearing on this matter of mi
inc conduct which were put
charles Liessmann, assistant sec
tarv Of state and formerly promine
in navaa circles. Mr.. LANCER stat
that three other marines who n
been called as witnesses to test
on this point, would be asked.
same questions as were asked
Liessman, with the result that ]
Kelsch Objected and was sustain
ana the men were not called.
q. r. Korsvick, the accused's fa'
81 wes last on the stand and ties
fisd that his sons reputation. pre-
onn to the commission of the crir
had been good. He was the last "
ne.s. It the Afternoon session.
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