The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-03-02
MANDAN JUDGE
SENDS MEN TO
STATE PRISON
Judge Berry Questions Both
Men Fully Before Pass
ing Sentence
COURT ROOM CROWDED
Officers Who Brought Grim
inals to a Speedy Trial
Are Commended

Mandan. March 2.-dP- VIM. Stol-
Ter. Is years old. and Aman Horst,
20, were sentenced to life imprison-
mcnt in the state penitentiary ut hard
labor today when they pleaded gull
ty to murder in the first degree.
The youths signed confessions that
they beat Fred Stoller, 73. grand
father Of the younger boy, to death
in his home near Carson the night OF
February 81, and robbed him
of more than $4,000 which he carried
scwed in his clothing.
Conflicting stories were told in the
court room today before sentence was
pronounced by Judge H. L. Berry,
Stoller denying that he sprinklcd
kerosene about the room after the at
tack on the aged victim, while Horst
insisted that his companion spread
oil about the room and on the bed
where the grandfather was placed
after his skull was fractured.
The Morton county court room was
jammed at 10 o'clock this morning
when Judge Berry called upon States
Attorney A. 7. Nelson Of Grant coun-
ty to file his informations, and copies
Of the confessions Of the youths that
the. had slain Fred Stoller and
robbed him of more than $1,000 late
evening, February u.
Arraigned Separately
The youths were arraigned Sepa-
rately and each entered his plea Of
guilty without hesitation. Judge
Berry. before passing sentence, ques-
toned each of the young killers.
William StOller, Jr., said he had no
changes to make in the confession
filed with the court except that we
didn't plan to kill the old man when
we went there, but just to get his
money He denied sprinkling kero-
sene about the bed and on the aged
victim whom they picked up and
placed on the bed after telling him.
THE lamp tipped over and caught
fire." Stoller said.
did you know whether the old man
wa, dead?' asked Judge Berry,
''No, we didn't know"
yet you went away knowing that
if he wasn't dead he would burn to
death?' asked the judge.
Stolier's Story Cont radicted
Aman Horst, following his plea Of
guilty. declared he had nothing in
the confession read in court he
wished to change. lie cOnt-Odi ctcd
the story of young Stoller tnas The
lamp spilled over and told Of Stollcr
getting a kerosene can and sprink-
ling it about the room and the bed.
States Attorney Nelson spoke
briefly of the finding of the kerosene
can in the room and the evidence
which showed the oil had been poured
about the place.
Horst's only plea was that they
didn't plan in advance to kill the old
man.
Judge Berry, before passing life
sentence upon the youths, summed up
the case:
"You planned the robbery before
hand. knowing that the old man prob
ably would put up Il fight. You
went to the place for the purpose of
stealing his money. Had the door to
his room, the wing Of the house III
which he was sleeping, been locked
YOU would have broken it down, thus
committing burglary; you unlawfully
entered his home to steal many thou
sands of dallars. thus committing
grand larceny; you struck him dead
ly blows. thus committing murder:
stole money from his person, thus
committing robbery; you set fire to
the room and to his body, and if he
was not dead. numbering him in !,
CHASTITY manner. AS we'll as commit
ting arson.
No Mitigating Circumstances
"If the old lady had been home it
is probable you would have murdered
her too. There was no limit to what
you would do; there was no crime
you hesitated to commit. In such
cases as these the court is permitted
no discretion. The law requires Il
certain sentence. There are absolute
ly no mitigating circumstances and
if the court were allowed discretion
would not exercise it. ] sentence you
to be committed to the state peniten-
tiary for the balance Of your natural
lives ut hard labor.
II wish to commend States At
torney- A. T. Nelson of Grant county:
Sheriff Charles Mcdonald Of Morton
county and the. other officers who
through their efforts brought these
young criminals speedy trial"