The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-02-19

he declared.
The fact that the shooting was un-
lawful and felonious. where was
the justification for this shooting?"
he asked.
The fact that Thiele acted will
fully, deliberately or with premedi-
tatcd design. 'Wilfulness' implies
purpose or willingness to COM
NIT an act; deliberate is an act done
with deliberation and in calm state
Of mind" he said.
Must Consider Facts
II am going to look facts in the
face and inquire into the human
heart and brain and find out what
actuated this murder" Kelsch de-
clared. Eve must face each other
shoulder face our responsibility.
This is no time for shouting and de-
ception. That time is gone forever
and you must try this case on the
testimony given you.
"They say that this murder was
justifiable and that he was protect
ing the sanctity of the home. Home
is place where love, honor and af-
lection live. Can we talk about
sanctity of a home where love is
absent, where the husband tries to
kill his wife, where he gets drunk
on Christmas day, Of all days?
"They say that he did not commit
this murder feloniously. But how
can there be any doubt in your
minds? To murder feloniously the
crime must be performed with de-
sire to kill, wilfully and with deter
mination. The desire to kill may be
formed instantly in the heat of
passion. Wilfully? Oh, yes, they
cry, he did not do so wilfully-that
he did not know what he was doing
but how could he aim at an object
and not do so wifully? And, when
mined to kill, regardless Of the pleas
| of defense counsel.
defense counsel have cast asper-
sions on me because it was my lot
to be born in Russia. But thank
God in this enlightened age we
Judge man in the light Of honor,
manhood and principle. The world
will find you out if you are four
| flushing or camouflagc yourself.
Self praise and self acclaim no
longer make or unmake us.
will Set Example
4
ample. If you are going to tell the
people of Morton county, Of Bur-
leigh county, that you, Mr.. Juror,
will not allow sentiment to enter
into your decision then you must tell
.mem by your verdict that we are
going to uphold our right of life and
protect the policeman who may at
any minute be called to protect the
life and safety Of ourselves and our
loved Ones,
1T may be human to err, but we
don't want any Of those errors in
Morton county.
"What are you going to say to the
people Of this county if you say, We
condone, we forgive, we exalt?' Is
life worth while? They ask you to
use charity and kindness in dealing
with this man. Where was his char
ity and kindness Christmas day ?
Where ! was his self-respect and
honor?"
Referring to the tilts between him
self and LANCER following his init
nations that LANCER had told him
Thiele was coached" and that
LANCER had solicited the case, Kelsch
said:
Testimony Was "Duty'
|
one would hesitate to make a choice
when such thing develops. l had
to do one of two things: Either ad-
NIT l was deceiving the jury>or take
the stand to swear to the truth Of
my statements. ! chose the latter"
Louis Connolly, prosecution attor-
ney, made one of the most moving
pleas of the afternoon just before
Langer's argument and when he
finished the spectators in the court
room showed visible emotion.
In the beginning of his plea he
stressed the point that bond of
brotherhood has grown up between
Morton and Burleigh counties and
the West and East Missouri Slope
country.
| Tells of Emotion
He told the jury graphically of
the emotion felt by Mandan citizens
Christmas day when news of Romer's
killing was heard.
"People were going to and coming
from the churches" he said "The
lehurch bells were ringing-On
the echo of the bells rang out, a
great calamity overcame our city.
"Strong men walked down the
streets with bowed heads and tears
in their eyes, and the, question came.
"Why was he murdered
He summarized the major points
of the case briefly and declared that
Thiele acted with generalization and
malice.
Thiele Called Lower Than Snake
"This man." he said, pointing at
Thielc, lis lower than a rattlesnake.
A rattlesnakc at least warns when it
is going to strikc-but this man did
not"
Turning again to the jury, he said !:
II can see the grave Of Nels
Romcr in jamestown, where his body
lies buried under the bosom of
Mother Earth. can see the snow on
the grave. Spring comes, the snow
melts away and the grass appears.
Soon q meadowlark sits on his tomb
and sings.
"Thcn, can see the grass waving
in the summer breeze, waiting in the
fragrance of the prairie rose. Then
the grass withers and the snow
comes again. And so it will go on
for time immcmOrial.
"He was my friend. He was as
near to me as brother. l can sec
the spirit Of Ncls Romcr looking
down on this courtroom with that
same smile on his face, saying:
Lou, you have not broken faith
ITO you from failing hands we
throw
The torch; be yours to hold it high.
If We break faith with us who die
We shall not sleep.
| Case Is Important
"f you convict this defendant of
a lesser charge than first degree
murder, you are saying, go and kill
some more" You must protect So
ciety. This is an important case, not
only SO far as the defendant is con-
cerned but so far as the whole state
of North Dakota is concerned.
GAS long as time goes on, on
Christmas day in the household of
Nels Romer he, will be remembered.
| II win ha snnn satisfact ion tn his