The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1929-01-17
LANCER COMP ARES
GIRL TOHEROlNEOP
BLIZZARD TRAGEDY
Defendants Attorney Flags the
Prosecutor and Sheriff for
'Mistreatinq' Prisoner
CASE IS WITHOUT PARALLEL
Jansonius Tells Jury Crime lnez
Committed 10 Second %. !.
gree Murder at Most

Jamestown, N. D., Jan. l7.-(R}-
lnez Gontka's trial on the charge Of
killing her father, Charles H. 0ontka.
Emmons county farmer. last septem-
Der. went to the jury at noon today.
Not until after five hours Of argu-.
ment by the prosecution. two and
half hours Of argument by the de-
tense and q lengthy charge by tho
Judge did the jury get the case.
william Langer. defense attorney.
In his argument compared the de-
fendant with Hazel Miner. heroine
Of Oliver county who lost her life In
. snowstorm In saving the lives Of
two children.
George w. Lynn, Emmons county.
states attorney. objected strenuously
to Langer's introduction Of compar-
isons In which he mentioned q similar
case In Stutsman county some years
ago and to bring out the heroism Of
1nez Gontka as compared to Hazel
Miner. LANCER stated he could not
see why he did not have as much
right to refer to Hazel Miner as to
George Washington or Abraham Lin
coin.
LANCER Admonlshed
Judge Fred Jansonius, however. ad-
monished him to stick to the evidence
In the case.
States Attorney Lynn in rebuttal
accused Langer Of making evidence
and pleaded against the jury allowing
sympathy to come into the case which
would interfere with their duty. He
contended that to establish self-de-
tense 1t was necessary to be shown
that the defendant was liable to
death or great bodily injury and that
no avenue Of escape remained for the
defendant.
Judge Jansonius informed the Jury
the greatest crime they could find the
defendant guilty Of under the eyi.
dence presented Is murder In the cec-
ond degree. He told the jury 'ths
right Of self defense commences when
the danger Is present. real or appar-
ent." and when the danger passes,
HE who has been In danger has no
right to pursue his assa1laut and slay
him because Of apprehension Of Z re-
currence Of the danger at some fu-
ture time" II In their minds. he
Judge told the jury, the danger to the
defendants life was real or apparent,
your verdict should be not guilty."
Charging that the prosecution twas
not looking for justice, but for the
opportunity to enhance their reputa-
tions by sending this little girl to the
penitentiary." william Langer, attcr-
$f>N fe~A AA$AeAoA AA1D~A nkee
Attorney Lynn and the sheriff Of
Emmons county for the manner In
which they conducted the trial Of
1nez 0ontka. charged with the slay-
Ing Of her father.
This case Is without parallel In the
state Of North Dakota for the WY
the defendant has been mistreated
by these officials Of Emmous county,"
Mr.. Langer stated during his final
argument before the Jury.
County Attorney 0eorge Lynn de.
clared In his closing argument that
five members Of the 0ontka family
were aware Of the fathers shooting
before his body was found.
You must find from Inez' own
testimony that she deliberately pulled
up that shotgun and shot her father
IN the back" the prosecutor stated.
when Inez saw her father fall"
Mr. Lynn said, 'she knew that he
would never again harm her o. stand
In her way. Then she deliberately
aimed ct his heart and aimed to kill"
While Mr.. LAngcr was In the midst
Of his plea to the jury. the court
ordered recess. The case is expect.
ed to b given to the jury BY noon