The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-02-19
Verdict of
Second Degree
Murder Returned
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front door. Failing in this, he went
around to the side door and entered
Just as he. came in. Thiele fired five
times, one bullet entering Romers
brain and causing a mortal wound
one the shoulder and one the arm.
Two shots went wild.
The murderer then left the house
and walked down First Street, brand
ishing the pistol with which he did
the killing, and was captured by
Sheriff Charles Mcdonald at the post
office corner.
] drop that gun or I'll kill you," the
sheriff shouted to Thiele, putting his
hand in his pocket rs if he had a
gun there. Thiele threw the gun away
and was placed in car and taken to
the county Jail.
Public feeling reached the fever
point Christmas afternoon and talk of
lynching the man was general. Fear
ing violence, Sheriff Mcdonald re-
moved Thiele to the penQtentiary at
Bismarck late in the afternoon.
Fails to Confess
At p. m. the following Monday
Thiele was spirited back to Mandan
and brought to the judges chambers
in the courthouse, where he was given
an opportunity to make confession.
He had previously expressed his de-
sire to "plead guilty and get it over
with" but an hour and a half of ques-
tioning failed to bring forth the con-
fession. Thielc could not remember
the events leading up to the shooting
and made only one admission, that he
had shot "at an object"
Placed in cell in the Morton coun-
,ty Jail, Thicle announced the follow
1ng day that he had engaged William
LANCER as his attorney and the fight
to save him from life sentence was
begun.
The matter dragged on until Janu-
airy 4, when LANCER filed an affidavit
of prejudice against Judge H. L.
Berry. This was done before a Grim
inal information had been filed and
the attorneys for the prosecution,
States Attorney C. F. Keisch, Assist
ant States Attorney Milton X. Hig-
gins and City Attorney Louis Con-
molly, contended that It was there
fore not valid. All facts were then
turned over to the supreme court,
which on Wednesday, January s, sus-
tanned the prosecutors objections.
On the same day, Kelsch was call
ed into a secret conference with the
county commissioners and reports
we're that majority of the officials
recommended that a plea Of murder
"a the second degree be accepted,
Hanger having announced his clients
willingness to accede to this charge.
The next morning criminal infor-
nation charging Thiele with murder
in the first degree was read in dis
trict court. LANCER then withdrew
his affidavit against Judge Berry but
entered demurrer to the informa-
ton.
Affidavit Is Filed
January 8, LANCER filed double
barreled'' affidavit Of prejudice
against Judge Berry and Morton coun-
ty and the case was ordered transfer
red to Bismarck.
Thiele was moved to the Burleigh
county Jail January, IA, by order of
5udge Berry. and placed under guard,
authorities fearing a possible recur-
renee Of the feeling which nearly
brought on q lynching in Mandan.
Final decision that Judge Fred
.Jansonius would sit in the case was
made February 8, following a confer
eice with sixth district judges, and
the case was ordered for trial Febru-
airy Is.
Additional instructions as to the
degree Of malice necessary for a
first degree murder verdict were
asked at 1880 this morning. The
jury retired at $3.50 last night.
Two Questions Answered
The additional Instructions were
given to the Jury at i;so. this after
~ two yad ar..ton. wsS
turymen this morning: The meaning