The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1930-07-01
hAZELT0N KILLER IS
GIVEN SENTENCE OF
rs YEARS NPRlS0N
Murderer Of John Petersen on
Emmons County Farm Be-
gins Term Today
JURY DEulBERATED IA HOURS
Defendant Accused. His Victim
Of Alternating Affections
Of His Wife
Jury DELlBERATED Il HOURS

Jacob Oster, found guilty Of the
second degree murder Of John Peter
sen near Hazelton March "a, will be-
gin serving q 25-year term in the
state pe~nitentiary here this after.
noon.
An Emmons county district court
jury at Linton found Oster guilty at
$50 o'clock this morning, reported
its verdict to the court at 8 o'clock,
and Oster received his sentence at
$3.50 o'clock from Judge Thomas II.
Pugh. Dickinson. !,
Oster admitted that he shot and
killed the Hazelton farmer, charging
that Petersen had alienated the at
fections Of Mrs. Oster, and pleaded
that the shooting was j~ustifiable.
Mrs. Oster, the only witness to the
crime, was living at the Petersen
farm home al housekeeper when the
shooting occurred, but did not tes-
tify at the trial because she had re-
married Oster five days before the
trial opened last Tuesday. She had
obtained q divorce from Oster less
than a month before the remarriage.
Deliberated IA Hours
The jury, unofficially reported to
have stood nine to three for convlc-
ton Of first degree murder at one
time, came to its decision after De
liberating from a o'clock yesterday
afternoon until $3.50 a. m. today,
more than IA hours. With the YER
dict came q recommendation from
the jury that the man be sentenced
to Is years in prison.
Announcement Of the remarriage
of Mr.. and Mrs. Oster came as
surprise when it was made by de-
tense counsel as the trial opened
The prosecution had depended upor
Mrs. Oster as its star witness.
T~estifying in his own behalf last
Saturday, Oster said that he and Mr.
Petersen had been unfriendly fol
two and a half years. He said tina,
he had brought a damage suit
against Petersen for alternating the
affections of his wife and that he
had been allowed $500 in the. settle
ment besides the promise Of Peter
sen that he would not associate witt
Mrs. Oster again.
A document purported to have
been the agreement could not Dt
identified either by George Lynn o.
Harry Lynn, Emmons county states
attorney and assistant, both Of whom
testified that Oster had requested
the arrest of Petersen on 9 chang'
of alternating Mrs. Oster's affections
Threatened Killing Often
Mrs. Bertha Monahan, friend O
Oster, testified that Oster had tols
her at least five times that he woult
kill Petersen.
On the v of the shooting, Ostel
went to the Petersen home and re
manned in the farm yard most of tn
night watching Petersen and Mrs
Oster through the windows. Earl!
in the morning he went to a neigh
boring farm, secured a shotgun, an
returned to the Petersen farm. TIL
shooting occurred in the farmyar'
as Petersen was running to tn
house.
Great interest in the trial wa
manifest all last week. with tn
court room being packed every day
The taking of testimony was com
pleted Saturday afternooniand Mon
day was taken up with arguments b.
counsel and a lengthy charge to tn
jury by Judge Pugh.
Defense counsel expressed satisfac
ton with the verdict. in view OF tn
fact that the state had asked for
first degree murder conviction. an
indicated that no appeal would b
made
Oster was calm when the verde
was brought in. Mrs. Oster was no
in the court room when the verde
and sentence were announced as sh
bad not yet arisen from bed.