The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-02-18

one case where justice should be
tempered with mercy"
Louis Connolly, city attorney of
Mandan, made touching plea for
they rosecution, and brought forth
much emotion when he told of his
friendship for Romer and of the
trust Romer's family had placed in
him.
"Romer was my friend; he was as
near to me as brother" Connolly
said. Il can see the spirit Of Nels
Romer looking down on this court
room with the same smile on his
face and saying, Lou, you have not
| broken faith" He urged the jury
Thiele of murder in the first de-
gree. :,
Earlier in his talk he had declared
that ''there is something rotten
about this case, or else why has the
defendant told two different stories
about the thing?"
| A sensation was created yesterday
afternoon when LANCER took the
witness stand to be cross-examined
by Kelsch.
Kelsch had previously objected to
the cross questioning Of Charles Nc
Donald, former Morton county sher-
if, concerning the time LANCER had
first seen Thiele, and accepted the
position Of defense counsel.
Kelsch declared that LANCER was
attempting to testify without tax.
ing the witness stand himself and
giving the state an opportunity to
cross-exarhined him."
J. Langer's Testimony
A transcript of the questioning Of
LANCER, given the Tribune through
the courtesy of Edwin McCarty
court reporter, follows:
(Mr. LANCER examining Mr.. Donald.
@. You know, do you not, that
that was the first time that | had
|, been up therc-that, had been ur
there to see him SO far as you know
A. So far as I know.
@. And / stated to you at thai
time what we (Mr. Thiele, Albert
Moen and Langer) wanted to- SCI
E this man for, did l not?
!: A. Yes, sir.
Mr.. Kelsch: Objected to on the par
of counsel attempting to testify II
this case through questions pro
pounded to the witness without TAX
ing the witness stand himself AM
giving the state an opportunity t
cross examine MIN.
). Mr.. LANCER: Well, if that is wha
y you want, we will give you all tn
Z chance in the world to do it. G.
i ahead and cross examine me. D
: YOU want to cross examine me?
!. Mr.. Kelsch: Certainly, Mr.. LANCER
y Sure we do.
Mr.. LANCER: Mr.. Mcdonald, com
9 down off that witness stand. (Ml
LANCER takes the witness stand.) Al
: right, 20 to it! Just hop to it! (M1
LANCER stands up and holds up hi
v right hand.) Clerk, swear me. en-
LANCER is sworn.) Now hop right t
y it and do your cross examining, an
y see if I care.
Mr.. Kelsch: Are you all ready fo
!, cross examination?
)" Mr.. LANCER: Yes, sir; hop right
it.
:. Mr.. Kelsch: Have you any que.
~ tions to ask? Are there any que!
tions that you want to ask yourse
before start?
A. None at all.
u" @. You are the attorney for tn
:, defendant in this case?
= A. Yes, sir.
:. @. Yes, sir: You are very niue
NJ excited at CnlS CIIuc, are yOu nv
;" A. am not excited, but l a
certainly surprised at the attitut
~ Of the States Attorney am ce
e tainly surprised at the attitude TIL
~ the States Attorney of Mortt
40 county is taking with regard to
az @. Well, that is to be expected
:" The court: Now, if you have al
questions regarding this case, "
ask them, but we are not going
AT have any arguments.
nc @. Mr.. LANCER, when were "
IT. first called to see Mr.. Thiele? VIII
a were YOU first requested or call
re to see Mr.. Thiele at the Jail in Nc
Dy ton county? Who called you?
A. l was requested to 60 and s
nd him by his brother and Mrs. THE
"a @. When and where did you 6
~ that request?
n. mt A. The 9th day Of Decemb'
~ 1926, at Mandan.
" @. At what time Of the day, a
proximately!
m A. Seven-thirty or eight oclot
Gu @. Sevcn-thirty or eight o'cloc
~ A. Yes, sir.
nc @. Yes, sir. Now then before tn
!. time you had attempted to get