The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-02-15
SELECTION OF
JURY TO TAKE
MOST OF DAY

MOST OF DAY
Continued from page one.)
court and the courts and juries will
gain the respect ana confidence of
the people if they administer justice.
I'VE are to measure the frailties
of humans by other humans and l
do not want any excuse for your de-
els IONS except that you did what was
right. You are here not to try the
lawyers but the lawsuits"
Three additional material wit
nesscs were added to the criminal in
formation at the request of c. F..
kelsch, Morton county states attor-
ney. despite objection by William
LANCER. defendants counsel. They
were Earl II. Tostevin, Leo Broder-
lex and Louis Hammery.
Some dispute arose over the num-
Der Of peremptory challenges to be
allowed each side, LANCER contcnding
the defense should have 90 and the
prosecution 10. nelscn, however,
contended that the ratio should be
10 to ) and he was upheld by the
court.
At the afternoon session, however,
Judge Jansonius changed the ratio
to 20 to 10.
Two Jurors Excused
Two jurors were excused by the
judge before examinations: &. l..
Johnson Of Esthervillc and Waine
Wainio of Wing.
The Morton county states attor-
ney then recitcd briefly the story of
the case: how Thiele had shot Nels
Romer, Mandan police chief, through
the brain the morning of Christmas
day and how Romer had died imme-
diatcly from the effects of the shot.
LANCER then examined the Jurors,
intimating through his questioning
that his defense would be based on
the contention that Thiele had done
the shooting when he was intOXicat-
ed he did not know what he was do
ing. Each juror was asked if he had
any prejudice against people who
drank.
The defense made no denial that
Thiele had done the shooting, LANCER
leading up to the contention that the
first degree charge was resisted be.
cause of the alleged absence OF
generalization and wilfulness" as
charged in the criminal informal ion
The prosecution stressed the fact
that "a person could become wilfully
intoxicated and therefore fully LA
BILE for his acts.
Examined This Morning
Examined at this mornings ses.
| sion were Martin G.. Hagen, Wilton;
Joseph Bagnick, Wing: Charles
Glitschka, Bismarck; Mrs. E. A, And.
erson, Baldwin; c. f. Moffit, Moffit;
Spencer Boise, Bismarck; Ncls A
Niemie, Wing; O. W. Backman
Regain: Gus Hoge, Bismarck; Nels
Erickson, Wilton; Harry Smith, Bis.
marck, and Milton Dohle, Moffit.
Mrs. Anderson, one of the two
| women empanelled for this term, de.
| clared, in answer to one Of hangers
questions, that she had "a prejudice
against any man who drinks" anC
said she did not believe in liquor; sh.
declared she could try the case fair
ly, however.
Niemie declared he had no preju
dice against a man who drinks but
declared that he didn't like tn,
taste of the kind of stuff we have
/ nowadays"
LANCER brought out the idea o
Thiele's drunken condition agar
when he asked Niemie if he hat
ever drunk quart and half Of
home brew in one morning. Niemi,
replied in the negative. You've
seen men after doing such thing
haven't you, and they were in prett,
bad shape weren't they" qured Ian
ger.
Challenges Used
The prosecution took four Of it
peremptory challenges at the after
noon session challenging Harr
Smith, Bismarck; Joseph Babnick
Wing; Milton Dochle, Moffit, and 10
self Clifford, Bismarck.
The defense used 10 of it's 20 chal
lenges. Those challenged were
Martin Hagen, Wilton; George J
Day, Brittin: Nels Erickson, Wilton
Spencer Boise, Bismarck; Mrs. f. A
Anderson, Baldwin; F. w. Murphy
Bismarck; H. A. N. Christianson. Ar
ena; V. L. Anderson, Wilton; Marti
bourgeois. Bismarck, and Nels Me
mie. Wing.
Jurous questioned at the after
noon session were w. B. Falcone,
George J. Day, George Piepkorn, Y
l.. Anderson. Joseph Clifford, Mar
tin Bourgeois, H. A. N. Christensen
Delbert Olson, F. W. Murphy, Ro
Small, Emanuel Haas, w. E. Lin.
Walter Paul, and Martin Tooker.
Wife and Children in Court Room
In the Font row, next to the raj
sat Mrs. Thiele, watching her hus
band intently. Their four littl
children. the oldest only eight, SO
next to her and as the morning wer
on squirmed restlessly in their seat
not realizing the meaning of til
trial.
They laughed occasionally and the
turned to watch their father, sepa,
ated from them by a railing.
Thiele sat next to his counsel an
fixed his gaze on the floor. not one
turning to see who was in the cour
room. His face was expressionle.
and he had little to say, even to HI
attorneys.
Some of his self confidence hs
come back to him. however, and !
presented . marked contrast to II
: nervous, excitable man who came U
fbr preliminary hearing in Morto
county Q month AFRO. His brown 81
was pressed and his shoes were we
shined.
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