The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-02-22
APPEAL LIMIT
FOR K0RSVICK
EXPIRES TODAY
Convicted Slayer Must Either
Ask For Time Extension or
Appeal Case During Day

With penitentiary doors about to
close on him. Joe korsvick, convicted
of the Staying of Ar.id Pahaininen
near Schmidt last October, must ask
for an additional stay of sentence
before midnight tonight or serve his
time in the prison.
korsvick was given 607day stay
of sentence when he appeared be-
fore Judge +. r. Lembke Dcccmbe:
% for sentence. This stay expires
at midnight tonight. Reports were
that William LANCER. korsvick's ~
torney. had wired Judge Lembke for
an additional stay but he could no;
be reached this afternoon to con
firm this.
c. +. kelsch, states attornc. Of
Morton county. today said that il nc
additional stay is asked he would
fill out commitment papers for
korsvick tomorrow and the slayer
would be taken to the penitentiar..
Found guilty Of manslaughter IN
the first degree. korsvick was sen
fenced to five years in the peniten-
tiary. Bail was set ut $4,000 by
Judge Lembke but it was not forth
in the Morton county jail.
Basis Of Appeal
According to newspaper reports,
LANCER had planned to base his APP
peal on the contention that the court
erred in refusing to admit testimony
Of five marines, "buddies' Of Kors-
wick; Charles Liessmann, assistant
secretary Of state, and Charles Nc
Donald. former Morton county sher-
if.
"Thc testimony Of the marine
boys" LANCER was quoted as saying
at the time the stay of sentence was
granted, would have been to the
effect that there is an unwritten
code among the marines which pro-
vidcs that when buddy is intended
as n victom of robbery the marine $
first duty is to report to the authori-
ties and if they cannot be reached to
arrest the criminals himself and
bring them in"
LANCER was referring to a state
mcnt attributed to korsvick during
the course of the trial in which the
former marine said ''lct's tic them
up when he heard several of the
party at the place of Arvid Pahaini-
men, later slain by korsvick, plan ia
"rolr' Thomas Patton. his compan-
ion.
According to the testimony OF
korsvick and Patton. they visited
the place of Gregory Schmidt before
the shooting and declared they
wanted to phone the authorities
This testimony was substantiated b..
Schmidt.
Marines Testimony Necessary
1T has been the contention Of the
defense all through this trial and
will be in the appeal that the inten,
in this boys mind at the time of the
shooting could only be guaged by
the jury after the testimony of these
marines was introduced" LANCER was
also quoted as saying at that time.
korsvick's decision to- ask further
stay of sentence makes another
chapter in bitterly contested case.
wherein the doctrine Of self dc.
Tense" played an important part
korsvick claimed during his trial in
December that he had shot Arvid
Pahainnen. an alleged bootlegger
to whose farm he had gone. because
Pahainincn threatened to get him
Pahaininen Shot October 26
korsvick had been charged with
second degree murder following the
shooting Of Arvid Pahaninen near
Schmidt on October &c. In con-
pany with Ole Olson, Mrs. Lo,,
Hutton, Mrs. Ames Casey and Thorn
as Patton, the boy had driven to
Arvid's place to obtain some liquor.
A drunken orgy was said to have
been staged at the place, ending in
a fist fight in which three people
were knocked unsconscious. korsvick
and Patton then left the spot, re-
turning in about two hours after a
tramp through the woods which led
them back to the shack.
Entering the shack, korsvick en-.
gagged in another fight with Arvit
and wrestcd Il 1920 Savage rifle
from him, after which Arvid fled
from, the house and was fired upon
by Korsvick, dying from loss of blood
after he had been taken to the Bis
marck hospital.
Sclf.defense Was plea
The contention Of defense counsel
was that korsvick had fired or
Pahaininen when he believed hi